Topic- Panchayat in Indian Constitution
SUBMITTED TO- SUBMITTED BY-
Dr Sukriti Yadav Harsh Vardhan Singh
A8111121033
Semester- 8th Semester
Section- A
Introduction
What did Abraham Lincoln say about democracy? That, it is a government “of the people, by the
people, and for the people”. Each citizen in a democracy, from the educated professionals living
in the urban areas, to the illiterate farmers in the rural areas, should be included in this system.
Each one should have the right to vote for choosing his or her own representatives from that area,
who would manage the affairs with their expertise. The Central government cannot oversee the
minute workings of all the smallest units in the country. Therefore, one of the salient features of a
good representative government is the percolation of the self-rule mechanism to the grassroots
level, leading to more effective decision-making and greater accountability. Keeping this in
mind, our Constitution has provided for the creation of panchayats, municipalities and
cooperative societies to manage the affairs of the villages and urban localities in India.
How did panchayat raj system evolve in India?
The Panchayat system in India is not purely a post-independence phenomenon. In fact, the
dominant political institution in rural India has been the village panchayat for centuries. In
ancient India, panchayats were usually elected councils with executive and judicial powers.
Foreign domination, especially Mughal and British, and the natural and forced socio-economic
changes had undermined the importance of the village panchayats. In the pre-independence
period, however, the panchayats were instruments for the dominance of the upper castes over the
rest of the village, which furthered the divide based on either the socio-economic status or the
caste hierarchy.
The evolution of the Panchayat Raj System, however, got a fillip after the attainment of
independence after the drafting of the Constitution. The Constitution of India in Article 40
enjoined: “The state shall take steps to organise village panchayats and endow them with such
powers and authority as may be necessary to enable them to function as units of self-
government”.
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
Balwant Rai Mehta Committee & Panchayati Raj-
The committee was appointed in 1957, to examine and suggest measures for better working of
the Community Development Programme and the National Extension Service. The committee
suggested the establishment of a democratic decentralised local government which came to be
known as the Panchayati Raj.
Recommendations by the Committee:
Three-tier Panchayati Raj system: Gram Panchayat, Panchayat Samiti and Zila Parishad.
Directly elected representatives to constitute the gram panchayat and indirectly elected
representatives to constitute the Panchayat Samiti and Zila Parishad.
Planning and development are the primary objectives of the Panchayati Raj system.
Panchayat Samiti should be the executive body and Zila Parishad will act as the advisory and
supervisory body.
District Collector to be made the chairman of the Zila Parishad.
It also requested for provisioning resources so as to help them discharge their duties and
responsibilities.
The Balwant Rai Mehta Committee further revitalised the development of panchayats in the
country, the report recommended that the Panchayati Raj institutions can play a substantial role
in community development programmes throughout the country. The objective of the Panchayats
thus was the democratic decentralisation through the effective participation of locals with the
help of well-planned programmes. Even the then Prime Minister of India, Pandit Jawaharlal
Nehru, defended the panchayat system by saying, “. . . authority and power must be given to the
people in the villages …. Let us give power to the panchayats.”
Ashok Mehta Committee & Panchayati Raj-
The committee was appointed in 1977 to suggest measures to revive and strengthen the declining
Panchayati Raj system in India.
The key recommendations are:
The three-tier system should be replaced with a two-tier system: Zila Parishad (district level) and
the Mandal Panchayat (a group of villages).
District level as the first level of supervision after the state level.
Zila Parishad should be the executive body and responsible for planning at the district level.
The institutions (Zila Parishad and the Mandal Panchayat) to have compulsory taxation powers
to mobilise their own financial resources
G V K Rao Committee & Panchayati Raj-
The committee was appointed by the planning commission in 1985. It recognised that
development was not seen at the grassroots level due to bureaucratisation resulting in Panchayat
Raj institutions being addressed as ‘grass without roots’. Hence, it made some key
recommendations which are as follows:
Zila Parishad to be the most important body in the scheme of democratic decentralisation. Zila
Parishad to be the principal body to manage the developmental programmes at the district level.
The district and the lower levels of the Panchayati Raj system to be assigned with specific
planning, implementation and monitoring of the rural developmental programmes.
Post of District Development Commissioner to be created. He will be the chief executive officer
of the Zila Parishad.
Elections to the levels of Panchayati Raj systems should be held regularly
L M Singhvi Committee & Panchayati Raj-
The committee was appointed by the Government of India in 1986 with the main objective to
recommend steps to revitalise the Panchayati Raj systems for democracy and development. The
following recommendations were made by the committee:
The committee recommended that the Panchayati Raj systems should be constitutionally
recognised. It also recommended constitutional provisions to recognise free and fair elections for
the Panchayati Raj systems.
The committee recommended reorganisation of villages to make the gram panchayat more
viable.
It recommended that village panchayats should have more finances for their activities.
Judicial tribunals to be set up in each state to adjudicate matters relating to the elections to the
Panchayati Raj institutions and other matters relating to their functioning.
All these things further the argument that panchayats can be very effective in identifying and
solving local problems, involve the people in the villages in the developmental activities,
improve the communication between different levels at which politics operates, develop
leadership skills and in short help the basic development in the states without making too many
structural changes. Rajasthan and Andhra Pradesh were the first to adopt Panchayati raj in 1959,
other states followed them later.
Though there are variations among states, there are some features that are common. In most of
the states, for example, a three-tier structure including panchayats at the village level, panchayat
Samitis at the block level and the Zila Parishad at the district level-has been institutionalized.
Due to the sustained effort of the civil society organisations, intellectuals and progressive
political leaders, the Parliament passed two amendments to the Constitution – the 73 rd
Constitution Amendment for rural local bodies (panchayats) and the 74th Constitution
Amendment for urban local bodies (municipalities) making them ‘institutions of self-
government’. Within a year all the states passed their own acts in conformity to the amended
constitutional provisions.
Part IX – Panchayats
The first Panchayat system (called “Panchayat Raj”) came up in Nagaur city of Rajasthan in
1959 as per the recommendations of the Balwant Rai Committee. This Committee did far-
reaching work in the area of rural democracy, which brought Balwant Rai the title of “Father of
Panchayat Raj.” Gradually, this system was adopted by other states like Andhra Pradesh and
Maharashtra. However, the Constitution did not lay an obligation upon governments to constitute
panchayats. Article 401 only provided a Directive Principle of State Policy that said the State
should organise village panchayats and give them the necessary powers and authority to
function, but this was not mandatory. Over time, the Panchayat systems that had cropped up
started going lax. A need was felt for a more well-established decentralized administration. The
L.M. Singhvi Committee was appointed in 1986 to study the problems faced by panchayats. It
gave several recommendations, including that panchayats should be constitutionally recognised,
promoted and preserved. Thus, Article 40 was finally solidified in Part IX by the Constitution
(Seventy-Third Amendment) Act, 1992. Let’s take a look at Articles 243 and 243A- 2430 under
this Part, which talks about rural local self-government.
Gram Sabha
The very basic unit of the Panchayat system is the Gram Sabha. It has been defined by Article
243(b) of the Constitution as the body of all the persons registered on the electoral rolls of a
village. The first question that comes to mind is, what does the Gram Sabha do? This permanent
body is the body of the electorate. This means that all other institutions – Gram Panchayat, Zilla
Parishad, etc. (which we will be talking about later) – are elected by the Gram Sabha. Moreover,
the Gram Sabha acts as a forum where people can discuss matters of governance and
development. Therefore, Gram Sabha is the primary and fundamental component of the local
self- government system. However, the extent of its powers depends upon the policy of the state
in which the village is located, as mentioned in Article 243A2.
The membership of a Gram Sabha is restricted to persons above the age of 18 living in that
village. This is done so that the best decisions, which are in line with the interests of the village,
can be made.
Constitution of Panchayats
Under Article 243(d) of the Indian Constitution, ‘panchayat’ has been defined as an institution of
self-government in rural areas.
Article 243B provides for the establishment of a three-tier Panchayat system:
1
Article 40, Constitution of India
2
Article 243A, Constitution of India
1. At the village level i.e. Gram Panchayat
2. At the intermediate level i.e. Panchayat Samiti
3. At the district level i.e. Zila Parishad
Intermediate-level panchayats, however, only exist in states where the population exceeds
twenty lakhs.
Gram Panchayat
Gram Panchayat is the lowest level in the panchayat pyramid system.
Each village is divided into even smaller units called wards, each of which selects a
representative of its own. They are called Ward members or the Panch. The Gram Sabha also
elects the head of the Gram Panchayat, called the Sarpanch. Therefore, the Sarpanch and the
Panch together make up the Gram Panchayat.
The main work of the Gram Panchayat is to take care of social issues, construct and maintain
schools, roads and drainage facilities, etc., and to levy and collect local taxes.
The Gram Panchayat is accountable to the general body of voters in the village, i.e. the Gram
Sabha, as well as to the two levels of authority above it in the hierarchy.
Panchayat Samiti
The Panchayat Samiti is the next level in the hierarchy. It oversees the working of the Gram
Panchayats of all the villages located in the block under its jurisdiction.
The Panchayat Samiti is headed by the Pradhan. He or she is elected by a group consisting of all
the members of the Panchayat Samiti as well as all the Panchs of the Gram Panchayats coming
under it.
Zila Parishad
Also known as District Panchayat, this is the highest level of panchayat in the hierarchy of rural
self-government. It oversees the working of the Panchayat Samitis of all the blocks in the district
of its jurisdiction, as well as all the Gram Panchayats under them. Moreover, it controls the
distribution of funds among all the Gram Panchayats. It is responsible for making developmental
plans at the district level.
The Zila Parishad is headed by the Chairman. It also has a Chief Executive Officer as a member,
who is elected by the State government.
Composition of Panchayat
All the members of the three levels in the panchayat hierarchy are elected by the eligible voters
living in the area. However, the state can also make provisions for the representation of Members
of Legislative Assembly (MLAs) or other officials in the panchayat. As for the rules regarding
the composition of the panchayats, they have been taken care of by the Drafters under Article
243C of the Constitution.
A large number of panchayats are constituted in a single state. It is preferable that the ratio
between the population and territory under one panchayat and the number of seats in it be the
same throughout the state.
Each area having a single panchayat is divided into constituencies for the purpose of conducting
elections. It is also desirable that the ratio between the population of each constituency and the
number of seats allotted to it be the same throughout the panchayat area.
Disqualification for membership
A person can be disqualified from the membership of the panchayat in certain situations. As per
Article 243F of the Constitution, this can happen when the person has been disqualified from
membership of the Legislature of the Union or the State because of any reason, or if he has been
specifically disqualified from membership of the panchayat by any law.
If a question arises regarding the disqualification of membership of any person, then it will be
solved by the authority and by the process which the Legislature decides.
Case laws-
Bhanumati Etc. v. State of U.P. (2010)3
Facts:
In this case, a no-confidence motion was passed against the Chairman of a Zila Parishad under
the U.P. Panchayat Laws (Amendment) Act, 2007. She challenged it on the grounds that a
provision for no-confidence motion could not be made under the statute as it was not mentioned
in the Constitution.
Judgement:
The court dismissed the appeal, saying that the Constitution grants the State the power to fixate
specific rules regarding election and membership. Therefore, the no-confidence motion was
sustained. Thus, this case is an example of the membership of a person to a Zila Parishad being
under threat of disqualification under existing State law, and how the court upheld that motion.
Reservations of the Seats in the Panchayat
The Drafters of our Constitution were aware of the reality of the rampant discrimination in India
at the time of independence which, unfortunately, has not completely died down even today.
Keeping that in mind, they made special provisions for the representation of marginalised
3
Bhanumati Etc. V. State of U.P.(AIR 2010 SUPREME COURT 3796)
communities in the local self- government too. This was done to ensure that women, members of
the downtrodden castes, etc. in the rural areas also get the opportunity to have their voices heard.
Article 243D of the Indian Constitution gives the provisions for reservation of seats in the
panchayats for certain communities. They have been briefly described below.
1. Seats should be reserved for members of Scheduled Castes and Scheduled Tribes in the
panchayat, in the same proportion which their population bears to the total population of the
village.
2. At least one-third of the above-mentioned seats should be reserved for women belonging to
Scheduled Castes and Scheduled Tribes.
3. At least one-third of the total seats in the panchayat should be reserved for women (including
the seats reserved under Clause 2).
Duration of Panchayats
The Constitution has specified the exact duration of operation of a panchayat in Article 243E. It
states that every panchayat shall continue to be in force for a period of 5 years unless it is
dissolved earlier by any law.
It also says that election to a panchayat should be completed before its expiry or 6 months before
its dissolution.
Powers, Authority Responsibility Panchayats
Panchayats have the power to prepare the plans and schemes for economic development and
promotion of social justice in the village. They are responsible for preparing practical and well-
thought-out plans which will enable the furtherance of the interests of the villagers. As per
Article 243G4, it is the State which determines the specific scope and extent of the powers of the
panchayat in the above matters.
Some major functions of a panchayat are as follows:
1. Providing necessary facilities like sanitation and medical assistance, schools, irrigation, roads,
drinking water, etc.
2. Making annual developmental plans for the area and preparing schemes for more scientific
agriculture, employment generation, etc.
3. Making the annual budget and managing the finances of the area.
4. Implementing and coordinating schemes launched by the Central and State government, like
the public distribution system.
4
Article 243G, Constitution of India
Power to impose Taxes and Funds of Panchayats
Clearly, there are a lot of functions that a panchayat has to perform. And as we know, nothing in
this world is free; to do anything, we need monetary resources. Where, then, do the monetary
resources of the panchayats come from?
All of us pay taxes to the government on our incomes and expenditures. This acts as a source of
revenue for the government. Some of these funds are appropriated to the panchayats. Also, in the
same way as the government, panchayats too collect their own taxes, tolls, and fees from the
people to keep their gears running smoothly.
Article 243H mentions that the State can take decisions to:
1. Grant the requisite power to the panchayat to levy taxes, tolls, and fees.
2. Assign to the panchayat some of the money collected by it in similar ways.
3. Make grants to the panchayat, or create funds for it.
Finance Commission
To make the above-discussed process of mobilisation of funds for the panchayats easier, the
Constitution has provided for the creation of a Finance Commission by the Governor under
Article 2431. Enumerated below are the main provisions of this Article.
1. The Finance Commission appointed by the Governor would review the financial position of
the panchayat and make recommendations in two matters: how to distribute the money between
the state and the panchayat, and how to improve the financial position of the latter.
2. The Legislature would decide the composition of the Commission, the qualification of its
membership, as well as the powers it would hold.
Audit of Accounts of Panchayats
As per the Constitution of India (Article 243J), State governments have the power to determine
who will audit the accounts of panchayats and what procedure will be followed in their own
states.
Election to the Panchayats
The provision for an election to panchayats has been enshrined in Article 243K of the Indian
Constitution. It says that the Panchayat elections are to be conducted and overseen by the State
Election Commissions. Therefore, the election rules can vary from state-to-state.
Application of this Part to Union Territories
The Constitution states that the provisions related to panchayats shall apply to Union Territories
in the same way as in the case of the states, but the President may, by public notification, make
any modifications in this provision.
Part IX does not apply to certain areas
There are certain areas in India that stand as exceptions to Part IX of the Constitution. This
means that the state cannot establish panchayats in those areas. The areas which are provided as
exceptions by Article 243M are mentioned below:
1. The Scheduled Areas and tribal areas in the states of Assam, Meghalaya, Tripura, and
Mizoram
2. The states of Nagaland, Meghalaya, and Mizoram
3. The hilly areas in the state of Manipur and the district of Darjeeling.
However, the Legislature can decide to extend Part IX to some of the above exceptions. The
Constitution says that the Parliament may extend the provisions of Part IX to Scheduled Areas
mentioned in (1) above. Also, the Legislatures of Nagaland, Meghalaya, and Mizoram may
extend Part IX to their states (except the Scheduled and tribal areas).
Scheduled Areas have been excluded from Part IX because these predominantly tribal areas
often had their own customs of governance, or else had been provided with other specific
systems for their benefit. However, the tribes started becoming increasingly vulnerable and lost
many of their forests, minerals, rivers, etc. to developmental projects. Thus, an established
system of self-governance was required for them.
The Provisions of the Panchayats (Extension to Scheduled Areas) Act, 1996 or PESA was the
law that brought about a relaxation in exclusion of Scheduled Areas from the 73rd Amendment.
The self-governance system was introduced in ten out of fifteen states having Scheduled Areas.
The case of Union of India v. Rakesh Kumar saw certain challenges to PESA.
Union of India V. Rakesh Kumar (2010)5
Facts:
Section 4(g) of PESA provided for the reservation of seats in a panchayat for members of
Scheduled Tribes. Also, it said that in panchayats in Schedules Areas, only a member of
Scheduled Tribes would be elected as Chairman. In Jharkhand, the reservations in panchayats in
Scheduled Areas were supposed to be proportionate to the rest of the population and could go up
to 80%.
5
Union of India V. Rakesh Kumar(AIR 2010 SUPREME COURT 3244, 2010)
These provisions were challenged in this case. The argument was that the reservations were
excessive as they went against the cap of 50% reservations held in Indira Sawhney v. Union of
India (1992)6 and M.R. Balaji v. State of Mysore (1963)7, and that they violated Article 14.
Judgement:
The court held that these reservations were required to assist Scheduled tribes. In Jharkhand, the
government had obligations to Scheduled tribes beyond the 50% cap as reservations were
supposed to be proportional. However, 80% reservation was just the upper limit and it was not
necessary to fill all those seats.
Continuance of existing laws and Panchayats: Article 243-N
Even before the enactment of the 73rd Amendment in 1992, there existed certain laws and
provisions relating to Panchayats in various states. Article 243N, therefore, provides that any
such laws and provisions would continue to be in force even if they were inconsistent with Part
IX of the Constitution unless they were specifically repealed or amended by a competent
Legislature or any other competent authority.
Usha Bharati V. State of U.P. (2014)8
Facts:
In this case, the appellant was the Adhyaksh of the Zila Parishad of Sitapur, Uttar Pradesh.
Almost 2 years after her election, a motion of no-confidence was passed against her by the
villagers, signed by 37 members, to initiate her removal. This was done in accordance with
Section 28 of the U.P. Kshetra Panchayat & Zila Panchayat Act, 1961. The appellant challenged
this, saying that no provision had been made in the Constitution for a no-confidence motion in
panchayat elections, and thus it was illegal and invalid.
Judgement:
The court said that as per Article 243N, any existing laws of the State related to panchayats
would continue to be in force unless repealed or amended. Since the provision for a no-
confidence motion in the U.P. Act had not been repealed and instead, rather had been confirmed
in other judgments since then, it did not go against Part IX of the Constitution.
It also said that the Constitution empowered the state to make laws for the election of
Chairperson of panchayat and therefore, the no confidence motion in the state was also supported
by it.
Courts to not interfere in electoral matters
6
Indira Sawhney v. Union of India(1992)(AIR 1993 SC 477; Supp. (2) S.C.R. 454)
7
M.R. Balaji v. State of Mysore(1963 AIR 649, 1962 SCR Supl. (1) 439)
8
Usha Bharti v. State of UP(AIR 2014 SUPREME COURT 1686, 2014 (7) SCC 663, 2014 AIR
SCW 1981)
Article 2430 of the Constitution bars courts from interfering in the matters of panchayats, like
delimitation or allotment of seats. Courts have no jurisdiction in electoral matters of a panchayat.
This means that if there are any disputes in an election process, the court cannot step in to
resolve them. A panchayat’s elections can be questioned only by an election petition presented
before the authority that the State government has prescribed.
