Part IX - Panchayats (Article 243, 243A - 243O)

Panchayat means an institution of self-government constituted under article 243 B for the rural areas. Panchayat Raj System is a three tier system in the state with elected bodies at the village, Taluk and District levels. It ensures greater participation of people and more effective implementation of rural development programmes. It was constitutionalized through the 73rd constitutional amendment of 1992.

Panchayati Raj

The Indian constitution made special mention of Panchayati Raj Institutions under the Directive Principles of State Policy. Article 40 of the Constitution says "The state shall take steps to organise village Panchayats and endow them with such power and authority as may be necessary to enable them to function as units of self-government".

Balwant Rai Mehta Committee

The central government appointed Balwant Rai Mehta Committee in 1956 to examine the working of the Community Development programme (1956) and the National Extension Service (1953) and to suggest its measures for their better working. The Mehta Committee submitted its recommendations to the government in 1957. The committee suggested a scheme of Democratic Decentralisation to ensure people's participation in the development programmes. It recommended a three tier structure of local self-government from village level to the district level.

Ashok Mehta Committee

The Janata Party Government in 1977, appointed Ashok Mehta Committee, to examine the functioning of Panchayati Raj Institutions and to recommend suitable measures for improving their effectiveness. The committee submited its recommendations in 1978. It recommended two levels tier structure instead of existing three levels.

73rd Amendment

The 73rd Amendment gives village, block and district level bodies a constitutional status under Indian law. At the village level, the most important provisions relating to participation and accountability are those governing reservations and the Gram Sabha. Under the 73rd Amendment one-third of all seats must be reserved for women. Likewise, reservations for Scheduled Castes (SCs) and Scheduled Tribes (STs) are made in proportion to their population.

Grama Sabha

Grama Sabha consists of all the adult members (those who have attained the age of 18 years or more) of a village or a cluster of villages constituting grama sabha. Grama Sabha is a permanent body and it is not subject to dissolution. The Grama Sabha monitors and evaluates the activities of the Grama Panchayat.

Functions of Grama Sabha

The functions of the Grama Sabha are as follows

a. to approve the budget for the year;

b. to consider new taxes which the Grama Panchayat may like to levy;

c. to review the audit report of the last year's accounts of the Panchayat;

d. Grama Sabha elects the Grama Pradhan as well as the members of the Grama Panchayats;

e. If the President or the Vice President are not working properly, they can be removed from their offices, provided two-thirds of the members of the Grama Sabha pass a resolution to that effect;

f. It oversees all other activities regarding the village.

Grama Panchayat

Grama Panchayat is a small body whose members are elected by the members of the Grama Sabha. The term of office of grama panchayat is usually five years. Grama Panchayat is an executive organ of the grama sabha. The gram panchayat is the foundation of the panchayat system. A gram panchayat can be set up in villages with minimum population of 300. The Sarpanch or Chairperson is the head of the gram panchayat.

Nyaya Panchayats

In some states in certain grama sabhas the Nyaya Panchayats have been organised. The jurisdiction of nyaya panchayats (or panchayats) varies from state to state. However, a panchayat tries only petty civil suits relating to movable property and minor offences. Offences such as petty thefts, trespass, unauthorised occupation of public places, cheating and assault fall within the jurisdiction of a panchayat. The panchayats have no power to imprison a person, they can only fine upto Rs. 1000.

Panchayat Samiti

At the Block level, there exists the panchayat samiti to co-ordinate the activities of all the village panchayats in each Block.

Functions of Panchayat Samiti

The panchayat samiti performs the following functions.

a) It prepares plans and schemes for development at the block level. These schemes and plans are implemented after their approval by the state government.

b) It is responsible for the implementation of community development programme at the block level.

c) It is also responsible for development activities such as health, primary education, sanitation, means of transport and communication in areas falling in its jurisdiction.

d) It monitors and supervises the activities of grama panchayat coming within its jurisdiction.

e) It can modify the Budget prepared by grama panchayats and can make suggestions for improving the performance of grama panchayats.

The Block Development Officer (BDO) happens to be the executive officer of the Panchayat Samiti. The BDO is assisted by Assistant Development Officers and Village level workers known as Grama Vikas Adhikaris. The BDO and these functionaries implement the programmes and schemes of development approved by the panchayat samiti.

Zila Parishad

Zila Parishad is an apex body under the Panchayati Raj. It coordinates the activities of the various panchayat samitis.

Functions of Zila Parishad

a) To coordinate the development programmes and plans of panchayat samitis. 

b) To distribute development grants, received from the state government among the panchayat samitis. 

c) To examine the Budget passed by the panchayat samitis and make necessary direction to them. 

d) They inform the state government regarding the progress of development activities of panchayats. The Zila Parishad also receives necessary guidelines and directions from the state government in this regard.

e) To organise meetings of Grama Pradhans and Block Pramukhs from time to time and keep in touch with their development activities.

f) To ensure the timely completion of agricultural and development programmes being implemented in the district.

g) To take effective measures for completion of other activities and programme entrusted by the state government, such as Adult Education Programmes, Primary Education Schemes etc.

h) To advise the state government about the development programmes, when asked for such advice. 

Panchayats (Article 243, 243A - 243O)

Article 243: Definitions

Article 243A: Gram Sabha

Article 243B: Constitution of Panchayats

Article 243C: Composition of Panchayats

Article 243D: Reservation of seats

Article 243E: Duration of Panchayats, etc.,

Article 243F: Disqualifications for membership

Article 243G: Powers, authority and responsibilities of Panchayats

Article 243H: Powers to impose taxes by, and Funds of, the Panchayats

Article 243I: Constitution of Finance Commission to review financial position

Article 243J: Audit of accounts of Panchayats

Article 243K: Elections to the Panchayats

Article 243L: Application to Union territories

Article 243M: Part not to apply to certain areas

Article 243N: Continuance of existing laws and Panchayats

Article 243O: Bar to interference by courts in electoral matters