Panchayati Raj Institutions (PRIs) in India, established under Articles 243 to 243O of the Constitution, form the backbone of rural self-governance. These provisions, introduced by the 73rd Constitutional Amendment Act of 1992, aim to decentralize power and promote democratic participation at the grassroots level.

MEANING, DEFINITION & EXPLANATION

The term ‘Panchayati Raj‘ refers to a system of governance in which Gram Panchayats are the basic units of administration. It has a three-tier structure: village, intermediate (block), and district levels. Article 243 defines key terms:

• District: A district in a State.
• Gram Sabha: A body consisting of persons registered in the electoral rolls relating to a village within the area of a Panchayat at the village level.
• Intermediate Level: A level between the village and district levels specified by the Governor of a State.
• Panchayat: An institution of self-government constituted under Article 243B for rural areas.
• Panchayat Area: The territorial area of a Panchayat.
• Population: The population as ascertained at the last preceding census of which the relevant figures have been published.
• Village: A village specified by the Governor by public notification to be a village for the purposes of this Part and includes a group of villages so specified.

HISTORICAL BACKGROUND / EVOLUTION

The Panchayati Raj system has deep roots in Indian history, with traditional village councils playing a significant role in local governance. Post-independence, the need for a structured system led to the establishment of various committees:

• Balwant Rai Mehta Committee (1957): Recommended a three-tier system—Gram Panchayat, Panchayat Samiti, and Zila Parishad—to promote democratic decentralization.
• Ashok Mehta Committee (1977): Suggested a two-tier system and emphasized the need for regular elections and financial autonomy.
• G.V.K. Rao Committee (1985): Highlighted the importance of Panchayati Raj Institutions (PRIs) in rural development and recommended assigning specific planning and implementation responsibilities to them.
• L.M. Singhvi Committee (1986): Advocated for constitutional recognition of PRIs to ensure their stability and effectiveness.

These recommendations culminated in the 73rd Amendment, granting constitutional status to PRIs and introducing Part IX (Articles 243 to 243O) and the Eleventh Schedule, detailing 29 subjects under PRIs’ purview.

THREE-TIER SYSTEM OF PANCHAYATI RAJ

Article 243B mandates the establishment of Panchayats at the village, intermediate, and district levels in every state, bringing uniformity to the structure across India. States with populations below 20 lakhs may choose not to constitute Panchayats at the intermediate level.

COMPOSITION OF PANCHAYATS

Article 243C allows state legislatures to determine Panchayats’ composition, ensuring:

• Direct Elections: All seats in a Panchayat are filled by direct elections from territorial constituencies.
• Uniform Representation: The ratio between the population of each constituency and the number of seats allotted should be consistent throughout the Panchayat area.
• Chairperson Election: At the village level, the Chairperson (Sarpanch) may be elected directly or indirectly, as provided by state law. At intermediate and district levels, Chairpersons are elected indirectly from among the elected members.

RESERVATION OF SEATS

Article 243D provides for reservation to ensure inclusivity:

• Scheduled Castes and Scheduled Tribes: Seats are reserved in proportion to their population in the Panchayat area.
• Women: Not less than one-third of the total seats, including those reserved for SCs and STs, are reserved for women.
• Backward Classes: State legislatures may provide reservations for backward classes.

DURATION OF PANCHAYATS

Article 243E stipulates a five-year term for every Panchayat. Elections must be conducted before the term expires. In case of early dissolution, elections should be held within six months.

POWERS, AUTHORITY, AND RESPONSIBILITIES OF PANCHAYATS

Article 243G empowers state legislatures to endow Panchayats with necessary powers and authority to function as institutions of self-government. This includes:

• Preparation of Plans: For economic development and social justice.
• Implementation of Schemes: Related to matters listed in the Eleventh Schedule, such as agriculture, health, education, and social welfare.

FINANCIAL PROVISIONS

Article 243H authorizes state legislatures to empower Panchayats to:

• Levy and Collect Taxes: Duties, tolls, and fees.
• Receive Grants-in-Aid: From the state government.

Additionally, Article 243I mandates the constitution of a State Finance Commission every five years to review Panchayats’ financial positions and recommend measures to enhance their resources.

STATE ELECTION COMMISSION

Article 243K provides for a State Election Commission responsible for superintendence, direction, and control of Panchayat elections, ensuring free and fair electoral processes.

JUDICIAL NON-INTERFERENCE

Article 243O bars courts from interfering in Panchayat electoral matters, emphasizing that disputes should be resolved through election petitions as prescribed by state laws. This provision ensures the uninterrupted functioning of the electoral process.