Local Self Government

RURAL and URBAN

If we would see our dream of Panchayat Raj, i.e., true democracy realized, we would regard the humblest and lowest Indian as being equally the ruler of India with the tallest in the land.                              — Mahatma Gandhi

Panchayati Raj Institution is a system of rural local self-government in India.

The framers of the constitutions, unsatisfied with the existing provisions, included Article 40 among the Directive Principles, whereby:

“The 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 self-government.”


Evolution of Panchayati Raj

There were a number of committees appointed by the government of India to study the implementation of self-government at the rural level and also recommend steps in achieving this goal.The committees appointed are as follows:

• Balwant Rai Mehta Committee
• Ashok Mehta Committee
• G V K Rao Committee
• L M Singhvi Committee

Proposals and suggestions of these committes which were formed time to time helped to shape the present three-tier Panchayatui raj System.  

‘Democratic decentralization‘ term was coined from report of Balwant Rai Mehta Committee (1957). 

This Committee advocated 

• Establishment of a three-tier Panchayati Raj system – gram panchayat at village level (direct election), panchayat Samiti at the block level and Zila Parishad at the district level (indirect election).
• District Collector to be the chairman of Zila Parishad.
• Transfer of resources and power to these bodies to be ensured.

Rajasthan (1959) adopted the system first, followed by Andhra Pradesh in the same year. Some states even went ahead to create four-tier systems and Nyaya panchayats, which served as judicial bodies.

Panchayati Raj System under 73rd and 74th Constitutional Amendment acts, 1992

Panchayat and Municipality are the generic terms for the governing body at the local level. Both exist as three tier systems – at the lower,

  Three tier panchayati Raj System came into existence through the 73rd Constitutional Amendment 1992.

The general structure of Panchayat Raj institution is as follows:

1.     Gram Sabha and Gram Panchayat: - 

  Gram Sabha and Gram Panchayat is the lowest unit of this system. Gram Sabha consists of all the adult citizens of village. Gram Sabha elects Gram Panchayat for a period of 5 yrs. It has jurisdiction over a village or cluster of village. In the Gram Panchayat is headed by Gram Pradhan or Sarpanch who is also elected by people.

Function of Gram Panchayat:-

It perform the following function-

a)     Civic amenities.

b)    Social welfare activities.

c)     Development activities.

1.a)    Civic amenities:- Gram panchayat make provision for sewerage  system, village sanitation, driking water, village roads and arrangements for lighting etc.  Gram Panchayat also makes arrangement for School and college.

1.b)   Social welfare Activities: The Gram Panchayat keeps the birth and death records in the village. It tries to ensure effective implementation of family planning and family welfare programmes. It is also responsible for animal husbandry and agricultural development. It takes care of the adult and continuing education in the village.

1. c)   Development work: - Gram Panchayat also looks after in the developmental works such as construction of rods, tanks, irrigation, facilities, Scholl, libraries, community halls, Panchayat Bhavan atc. Ot is the lowest level of development agency to participate in development process at the village level.

2. Panchayat Samitis:- 

In between Gram Panchayat at the village level and Zila Parishad at the District level a middle level organization called Panchayat Smiti is organized at block level. It is referred by different names in different states, such as Anchalik Parishad, Zonal Samiti, Anchalik Panchayat etc. The Panchayat samiti generally consist of heads of Gram Panchayat. Some members belongs to SC and ST or women member may be nominated as members in the Panchayat Samiti.

The head of the Panchayat samiti is elected by the members.

Functions of the Panchayat Samiti

a.  It prepares plans and schemes for development at the block  level. These schemes/plans are implemented after their approval by the state Government.
b. It is responsible for implementation of the community development programme at the block level.
c. It is responsible for developments activities such as health, primary education, sanitation, means of transport and communication in areas falling in its jurisdiction.
d. It also monitors and supervises the activities at Gram Panchayat coming with its jurisdiction. It can modify the buget prepared by Gram Panchayat and make suggestions for improving the performance of the gram Panchayat.

3.     Zila Parishad

Zila parishad is a district level unit of local self government. 

This unit coordinates between the Panchayat samiti and Gram Panchayat 

on the hand and the state Government on the other hand. Zila Parishad 

consists of all the Gram Pradhan of Gram Panchayat of that district.

•     Elected members of state legislative assembly.
•    Elected members of parliaments from constituencies partially or wholly falling in the district.
•     District development officers who does not have voting rights.
•     Co-opted members representing women and backward class.
•     Representative of SC & ST.
•     Chairman of the District co-operative Bank as co-members.

The head of Zila Parishad is elected by its members.

Functions of Zila Parishad:

• To coordinate the development programmes and plans of Panchayat Samitis.

• To distribute the grants received from the state government among the Panchayat Samitis.

•       To examine the budget of the  Panchayat Samiti and make necessary dissections to them.

•  To report the state Government time to time about the progress of development activities of panchayats.

• To organize meeting of Gram Pradhan and block pramukhs from time to time and keep in touch with their development activities.

• To ensure timely completion of agricultural and development progress.

•  To take effective measure for completion of other activities entrusted by the state government, such as adult education programmes, Primary Education Schemes.

• To advise the state Govt. About the development programmes, when asked for such advise.

Importance of local self Government

The local self government plays a very important role in a democracy. Its needs are generally felt because of the following reasons:

a.     It serves as a training centre for the leadership of the country. Most of the legislature begin their career as member of the local bodies to gain the required experiences to raise to state and national level.

b.     It is the local people who can know best the problems of that area concerned. So the local self Government can more easily and sophisticatedly solve the problems of that area concerned.

c.      It brings the people and the administrative close to each other. Such a contact is very vital for a successful democracy.

d.     It relieves the state and central Govt. For the responsibility to look into petty local maters and so that they can concentrate on more important issues.

"Urban Local Self Governments"

Local self-governmentoperating in urban areas are commonly known as "Urban Local Self Governments"

• The 74th Constitutional Amendment act provides for three types of Municipalities:
  1. Nagar Panchayat for a transitional area between a rural and urban area.
  2. Municipal Council for a small urban area.
  3. Municipal Corporation for a large urban area.
• Municipalities represent urban local self-government.
• Most of the provisions of the two acts are parallel, differing only in the fact that they are being applied to either a Panchayat or a Municipality

Types of Local Urban Local Self Government

There are eight types of urban local governments currently existing in India:

1. Municipal Corporations.
2. Municipality.
3. Notified area committee.
4. Town area committee.
5. Cantonment board.
6. Township.
7. Port trust.
8. Special purpose agency.

Duties of Municipalities 

The basic objective of an urban local government has changed from the maintenance of law and order in the early years to the promotion of the welfare of the community in recent times. The State municipal Acts provide an exhaustive list of functions, which are classified into obligatory and optional or discretionary functions.17 The former have to be necessarily performed by the local government and for which sufficient provision in the budget has to be made. Failure to perform any of these functions may compel the State government to supersede a municipality. Discretionary functions may be taken up depending upon the availability of funds. Municipal functions listed in the State municipal Acts generally fall in the following broad categories: (a) public health and sanitation; (b) medical relief; (c) public works; (d) education; (e) development; and (f) administrative (Table 2.4). 

Table 2.4: Functions of Urban Local Governments S. No. Category Description 

1 Public Health and Sanitation Water supply, public vaccination, control of diseases, prevention of pollution, collection & disposal of rubbish, maintenance of sewers, etc. 

2 Medical Relief Establishment & maintenance of health institutions, etc. 

3 Public Works Construction & maintenance of streets, bridges, etc., control & regulation of building activity, street lighting, tree plantations, etc. 

4 Education Establishment & maintenance of educational institutions, etc. 

5 Development Construction & maintenance of markets, shopping centres, drinking water standposts, wells, parks, gardens, etc.; preparation of comprehensive plans for development & growth of town, etc. 

6 Administrative Preparation of annual reports, maintenance & development of municipal property, regulation of traffic, registration of births & deaths, etc. 

Source: Government of India (1966: 20-23); Municipal Acts of various States. Note: Some of the important obligatory functions of urban local governments are listed in the table

PESA Act of 1996 

The provisions of part IX are not applicable to fifth schedule areas. The Parliament can extend this part to such areas with medication and exceptions as it may specify. Under these provisions, Parliament enacted Provisions of the Panchayats (Extension to the Scheduled Areas) Act, popularly known as PESA act or the extension act.

Objectives of PESA act

1. To extend the provisions of part IX to the scheduled areas.
2. To provide self-rule for the tribal population.
3. To have village governance with participatory democracy
4. To evolve participatory governance consistent with the traditional practices.
5. To preserve and safeguard traditions and customs of tribal population.
6. To empower panchayats with powers conducive to tribal requirements.
7. To prevent panchayats at a higher level from assuming powers and authority of panchayats at a lower level.

Conclusion

The noble idea of taking the government of a country into the hands of the grass root level is indeed praiseworthy.

However, like any system in the world, this system is also imperfect. Problems of maladministration and misappropriation of funds are recurring. But this shall not stand in the way of efficient governance; and if these ill practices are rooted out, there would be no comparisons around the world to our system of local self-government.

References

1. Source: Constitutional Provisions Relating to Village Panchayats and Municipalities in India (1999).
2. https://www.clearias.com/local-self-government-panchayati-raj-system/
3. https://byjus.com/free-ias-prep/panchayati-raj/