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Introduction
The Panchayats were in existence from 1960s. But they received constitutional status by the 73rd
constitutional amendment act of 1992. It was created by respective state legislature acts so as to
function democracy from grass root level, so its the prime necessity of democracy to develop rural
areas.
Some facts
Rajasthan was the first state to establish Panchayti Raj. It was inaugurated by the Prime
Minister on October 2, 1959 in Nagaur district.
Second state to establish Panchayati Raj was Andhra Pradesh. (1959).
Panchayat System
At village level
The panchayat at district level
The panchayat between village and district level whos population is more than 20 lakhs.
Evolution of Panchayat Raj
Sr.
No.
Committee
Year of
formation
Recommendation
1.
Balwant Rai
Mehta Committee
January 1957
2.
Ashok
Mehta Committee
December 1977
3.
GVK
Rao Committee
1985
4.
LM
1986
Singhvi Committee
Structure
All the members of panchayat are elected by peoples directly.
Chairpersons of the panchayats at the intermediate and district levels shall be elected indirectly
by and from amongst the elected members therof.
Chairperson of a panchayat at the village level shall be elected in such a manner as the state
legislature determines.
Reservation
1. FOR WOMEN
1/3rd seats are reserved for women including the number of seats reserved for women belonging to ST
and STs.
2. FOR SC AND STs
The reservation for SC and NTs is according to the popullaton in that area.
Note: Also, a state has been given power to reserve seats in any panchayat or offices of chairperson in
the panchayat at any level for backward classes.
QUALIFICATION OF MEMBER
Person must have completed 21 years of his age ( Note: for state legislature its 25 years)
ELECTIONS OF PANCHYATS
Article 243k deals with the free and fair elections of Panchayats
Elections of panchayats are carried out by state election commission. The state election
commissioner is appointed by governor of the concerned state.
Duration of Panchayats
Panchayat at each level (i.e. district, intermediate & village level) has a duration of five years.
(fresh elections for the offices should be held before expiry of the duration of five years)
It can be dissolved before expiry of its term. (fresh elections in such a case should be held
before the expiry of six months from the date of its dissolution.
Powers and Functions of Panchayats
All the powers & functions of panchayats are made by respective state governments.
COURTS INTERFARANCES
Under the article 329, courts have no jurisdiction to find the validity of law, relating to the
allotment of seats, delimitation of constituencies, etc.
Court cant question those matters related to election in panchayats.
73rd Amendment Act of 1992
This amendment act gave constitutional status to panchayat raj institutions.
Previously, creation of panchayats & its elections depended on the will of state government.
Now, this amendment act had put an obligation on the state government about creation & the
related elections.
Changes brought to the constitution:
1. Added Part IX to constitution.
2. Added eleventh schedule to constitution which has 29 functional items of the panchayats.
This amendment act gave effect to article 40 of the constitution which is actually in the directive
principles. It states that state shall take steps to organize village panchayats and endow them
with such powers and authority as may be necessary to enable them to function as units of
selfgovernment.
It has divided the provisions into two types:
1. compulsory (these provisions are compulsory in nature & each state has to make rules so as
to give effect to these provisions). They are:
a. Constitute a state finance commission every five years.
b. Fixing tenure of five years for panchayats
c. Reservation of seats for SCs & STs in panchayats at the three levels.
d. Indirect elections to the post of chairperson of panchayats at the intermediate and district levels.
e. Establishment of panchayats at the village, intermediate and district levels.
f. Organisation of Gram sabha in a village or group of villages.
g. Direct elections to all seats in panchayats.
h. 21 years to be the minimum age for contesting elections to panchayats.
i. Reservation of one-third seats for women
j. Establishment of a state election commission for conducting elections to the panchayats.
2. voluntary (These provisions are not compulsory in nature & each state according to its
conditions on will can make or forbid to make rules to give effect to these provisions). They
are:
a. Granting financial powers to the panchayts
b. Granting powers and authority to the panchayts to enable them to function as institutions of selfgovernment
c. Giving representation to members of the Parliament (both the Houses) and the state legislature (both
the houses) in the panchayats at different levels falling within their constituencies.
d. Devolution of powers and responsibilities upon panchayats to prepare plans for economic
development and social justice.
e. Providing reservation of seats for backward classes in the state at any level.
GRAM SABHA
Gram sabha is a basic foundation of panchayats.
Members of gram sabha include all the people in the area registered in the voter list.
Functions of gram sabha differ from state to state i.e. the functions of the gram sabha are
decided by the concerned state legislature.
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