PANCHAYATI RAJ

73rd Amendment Act of 1992

The Narsimha Govt. introduced the Constitutional Amendment Bill in september 1991, which was passed by Lok sabha on December 22, 1992 and by Rajya Sabha on December 23, 1992. Later it was approved by 17 states assemblies and recieved the assent of President on April 20, 1993.

• This act contains part IX of the constitution, entitled as 'The Panchayats'  articles from 243 to 243 -O.
• This act has also added the XI schedule to the constitution.
• It contains 29 functional items of the panchayat that deals with article 243-G(Powers, Authority and Responsibilities of the Panchayats).
• The Act has given shape to the Article 40 of the Indian Constitution (Organization of village Panchayats).
• The State Govt. are under constitutional obligation to adopt the Panchayati Raj System in accordance with the Provisions of the Act.
• Neither the formation of Panchayats, nor the holding of elections at regular intervals depend upon the will of the State Govt.
• The provision of this Act can be grouped under two categories viz. compulsary and voluntary.
• The compulsary provisions are to be included in State Laws creating new Panchayti Raj System.
• The voluntary provisions on the other hand may be included at the discretion of the States.
• It transfers the representative democracy into participatory democracy.

Salient Features of the act

• Three Tier System : The act provides for a three tier system i.e. Panchayats at the village, intermediate and distt. level. The act defines the terms in the following manner:
• Panchayat means an institution (by whatever name called) of local self government for rural areas.
• Village means, a village specified by the governor by a public notification to be a village for this purpose; and includes a group of villages so specified.
• Intermediate level means a level between village and district specified by the governor through a public notice for this purpose.

Gram Sabha

• The Act provides for the Gram Sabha as the foundation of the Panchayati Raj system.
• It is a body consisting of persons registered in the electoral rolls of a village comprising within the area of the panchayat at the village level.
• It is thus a village assembly consisting  of all the registered voters in the area of the Panchayat.
• It shall excercise such powers and perform such functions at the village level as the State Legislature determines.

Duration of Panchayat:

• The Act provides for a five year term of Panchayat at every level.
• However it can be dissolved before the completion of its term.
• Fresh election to the Panchayat Shall be held;
•  i) Before the completion of its term; or
• ii) In case of dissolution, before of a expiry of a period of 6 months from the date of its dissolution.

Election of the members and their chairpersons

• All members of the Panchayat at the District, Intermediate and Village level shall be elected directly by people.
• The Chairperson of the Panchayat at Intermediate and District level is elected indirectly by and amongst its elected members thereof;
• The Chairperson of the Panchayat at village shall be elected  in such a manner as the State Legislature determines.

Power and Functions

•  The State Legislature may endow the Panchayats, with such powers and authority as may be necessary to enable them to function as institution of self government.
• Such a scheme may contain devolution of powers at different levels with respect to;
• i) Prepration of plans for economic development and social justice.
• ii) Implementation of schemes as entrusted to them, including those related to the 29 matters listed in the XI schedule of the constitution.

State Election commission

• The superintendence, direction, control and preparation of the electoral rolls and conduct of all elections to the Panchayats are vested to the State Election commission.
• It consists of a State Election Commissioner who is appointed by the Governor.
• His condition of service and tenure is determined by the governor.
• He cannot be removed from the service except in the manner and on the grounds as prescribed for the removal of a Judge of a State High Court.
• His condition of service shall not be varied to his disadvantage after his appointment.

Finances

The State Legislature may:

• Authorise a Panchayat to levy, collect and appropriate taxes, duties, fees and tolls.
• Assign to the Panchayat taxes, duties, fees and tolls collected by the state government.
• Provide for making grant-in-aid to the Panchayat from the Consolidated fund of the State.
• Provide for constitution of funds for crediting all the financial requirements of the Panchayats.

State Finance Commission

• The Governor of a state shall, after every 5 years, constitute a Finance Commission to review the financial position of the Panchayats.
• It shall make the following recommendations to the governor:
• The principles, which should govern the distribution between the States and the Panchayats of the net proceeds of the taxes, duties, tolls and fees levied by the state.
• The principles, which should govern the determination of taxes, fees, duties and tolls which may be assigned to the Panchayats.
• The Principles which should govern the Grant-in-aid to the Panchayat from the consolidated fund of the State.
• The measures needed to improve the financial condition of the Panchayats.
• Any other matter returned to the finance commission by the Governor in the interest of sound finances of the Panchayats.

Public Interest Litigation (PIL)

• Before 1960s - 70s the concept of litigation in india was still in rudimentary form and was seen as private pursuit for the vindication of private vested interests.
• The initiation and continuance of litigation was the prerogative of aggrieved person or injured party.
• There were very little organised efforts or attempts to take the wider issues that affected classes of consumers or the general public at large.
• The concept changed in the 1980s when the Supreme court gave all the individuals and the newly formed social action groups or consumer groups an easier access to the law and included in their work, a broad public interest perspective.
• PIL is defined as the litigation in the interest of a neboulous entity or the public in general.
• Prior to 1980 only the affected party had the locus standi (standing required in law) to file a case and continue a litigation and the non affected persons had no locus standi to do so.
• The splendid efforts of justice P N Bhagwati and V R Krishna were instrumental in the juristic revolution of 1980s to empower the social action groups to approach the apex court of the country seeking legal remedies in all cases where the interests of general pubic or a section of public are at stake.
• PIL is one of the most potent weapon, the judiciary in India has acquired in recent times, in order to enforce the legal obligation of the Executive and Legislature.
• The right to issue PIL is available in the Supreme court and High courts only.
• The relief provided by the court is in the form of direction or order to the state including compensation to the affected party.

PURPOSES SERVED BY PIL:

• It has enormously increased the awareness among the masses regarding their rights and the institutional arrangements in the form of judiciary to get them implemented. In other sense it is said that PIL has democratized the judiciary.
• Through the PIL, the Supreme court has vastly expanded the scope of the Fundamental Rightsby liberally implementing article 32 and 226.
• It has forced the Judiciary and executive to discharge their Constitutional obligations towards the people.
• It has attempted to provide a corruption free administration and liveable environment to the public.