LOCAL SELF-GOVERNANCE IN INDIA: PANCHAYATS & MUNICIPALITIES OVERVIEW

LOCAL SELF-GOVERNANCE IN INDIA: PANCHAYATS & MUNICIPALITIES OVERVIEW

• Three-tiers
• Planning and development at district level
• District collector should be chairman of zila parishad

• 2 tiers
• Executive body: zila parishad
• Recommended constitutionality
• Recommended Nyaya Panchayat
• Planning and development at district level
• Developmental function shall be transferred to CEO of zila parishad. district collector as regulator, revenue functions of state govt.
• Minister for Panchayati raj in the state council of ministers.
• Reservation of Seats for SCs and STs on the basis of their population.
• Constitutional recognition should be accorded to the PRIs – Will ensure sanctity and stature and an assurance of continuous functioning.

• On Block level planning

• On District Planning

• Zila parishad –pivotal importance
• Panchayat raj institution at district and lower levels should be assigned planning and development
• Post of District Development Commissioner should be created –CEO of zila parishad

• 3 tiers
• Zila parishad integrated administrative structures for planning and development
• District development officer must be CEO of zila parishad
• Constitutional recognition to PRI with addition of a new chapter in the Constitution of India.
• Planning and development at district level

The Committee concluded that the developmental process was gradually bureaucratized and divorced from the Panchayati Raj and called PRIs as ‘grass without roots’.

• Three tiers
• Zila parishad: planning and development
• Fixed tenure of 5 years
• Reservation for women
• District collector – CEO of zila parishad

• 3 tiers
• Executive body: panchayat committee
• Recommended constitutionality
• Planning and development at district level
• Direct elections for members of the Panchayats at all the three levels.
• Fixed five years term of Panchayati Raj institutions.

CONSTITUTIONAL PROVISIONS:

• Rural local self-government
• Schedule 11 – (29 functions) + Part IX; Article 243-243 O
• Important articles:
  • 243 G – Authority
  • 243 H – Representation
  • 243 I – Finance commission

THREE-TIER PANCHAYAT SYSTEM:

• Bring uniformity in structure of Panchayati raj throughout the country
• Village, Intermediary, district levels-panchayats
• State having population not exceeding20 lakh may not constitute panchayat at intermediate level
• All members are directly elected at all institute of local self-government
• Chairperson: elected in such manner the state legislature may prescribe.
• Reservation at all three levels – Seats are reserved for SC/ST (based on population) + Women (1/3rd reservation)
• Reservation for scheduled caste not applicable to Arunachal Pradesh.
• Duration: five years.
• Panchayat reconstituted after premature dissolution does not enjoy the full period of five years but remains in office only for the remainder of the period.

DISQUALIFICATION:

1. Any law for the time being in force for purpose of elections to the legislature of state concerned
2. Under any law of state legislature
3. No person shall be disqualified on the ground that he is less than 25 years of age if he has attained the age of 21 years.

(Art. 243 K):

• Conduct of all election to panchayat shall be vested in state election commission
• Conditions and tenure of office of state election commissioner shall also be determined by the governor.
• With regard to state election commissioner: Conditions of service may not be varied to his disadvantage after his appointment.

• 29 matters that can be transferred to the panchayat there in the 11th schedule.
• Preparation of plans and implementation of plans for economic development and social justice.
• Finances: state legislature may authorize panchayat to levy taxes, assign from collected revenue of state, grants in aid by states.

STATE FINANCE COMMISSION:

• Governor constitutes once in five year
• Composition + qualification: determined by state legislature
• The Central finance commission can recommend measures to augment the consolidated fund of the state and supplement the resources of the panchayat in the state.

OTHER PROVISIONS

• Audit and accounts: state legislature determines
• Election petitions: state legislature determines
• Application to UT: President shall apply the provision of the act
• Certain areas are exempted – Nagaland, Mizoram, Meghalaya and others (hill areas of Manipur and Darjeeling).

PESA ACT OF 1996:

• PART IX provision is not applicable to fifth schedule areas. Extension of these provisions with certain modifications in the scheduled area.
• Self-rule with administrative framework consistent with traditional practices.

• Urban local self-government
• Schedule 12- (18 functions) + Part IX A + Article 243 P -243 ZG
• Important articles:
  • 243 W-authority
  • 243 X-representation
  • 243 Y-finance commission
  • 243 ZD- district planning committee
  • 243 ZE-Metropolitan planning committee.

1. Nagar panchayat (rural to urban transition area)
2. Municipal council (small urban area)
3. Municipal corporation (large urban area)

Ward committee: exists if the population of the municipality is more than 3 lakhs, remaining all as panchayat.

ELECTIONS:

• Municipalities can have nominated members, it’s decided by the state legislature.
• Seats are reserved for SC/ST (based on population)
• Women – 1/3rd reservation
• Manner of reservation of chairpersons and OBC are determined by the state legislature.

FUNCTIONS:

• 12th schedule – 18 functions that can be transferred by state legislature to municipalities
• Other function: same as panchayat.

• MUNICIPAL CORPORATION: administration of big cities, created by acts of state legislature (in case of UT by parliament) à Administrative framework: council headed by Mayor, standing committee, municipal commissioner
• MUNICIPALITIES: administration of towns and smaller cities, created by acts of state legislature à Administrative framework: council headed by president, standing committees, CEO.
• NOTIFIED AREA COMMITTEE: administration of fast developing towns or which doesn’t fulfill conditions for a municipality created through gazette notification. Entirely nominated body.
• TOWN AREA COMMITTEE: small town administration, semi municipal authority with limited functions, created by state legislature. May be wholly elected or wholly nominated or partly elected and partly nominated as provided by local self-government.
• CANTONMENT BOARD: It is set up under the provisions of the Cantonments Act of 2006—a legislation enacted by the Central local self-government+ Civilian administration in cantonment area, works under defense ministry partly elected and partly nominated.
• TOWNSHIP: Established by the large public enterprises to provide civic amenities to its staff and workers + no elected members
• PORT TRUST: established by act of parliament for civil administration in and round ports. Consists of both elected and nominated members.
• SPECIAL PURPOSE AGENCY: Set up by state for specific purpose i.e. function based organization not area based.