Working of Gram Panchayat

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This comprehensive guide is designed for B.A. students of Maharshi Dayanand Saraswati University (MDSU), Ajmer, specifically for the Skill Enhancement Course (SEC) PSC-7001: “Working of Gram Panchayat.” It details the transformative 73rd Constitutional Amendment Act of 1992 and the resulting institutional framework of local self-government in India.

The 73rd Amendment Act and the Institutional Framework of Gram Panchayat

1. Introduction and Significance

The 73rd Constitutional Amendment Act of 1992 is a landmark piece of legislation that granted constitutional status and autonomy to Panchayati Raj Institutions (PRIs). Before this act, PRIs were governed by state laws without constitutional protection, making elections irregular and leaving them with little actual power.

Key legal changes included:

  • Part IX: Added to the Constitution, containing Articles 243 to 243-O.
  • Eleventh Schedule: Added to specify 29 functional items (e.g., agriculture, education, health) that fall under the purview of panchayats.
  • Constitutional Mandate: It gave practical shape to Article 40 (Directive Principles of State Policy), which directs the State to organize village panchayats as units of self-government.

2. The Institutional Framework of Gram Panchayat

The Act establishes a uniform three-tier system of Panchayati Raj throughout the country.

A. The Gram Sabha (The Foundation)

  • Definition: The Gram Sabha is the foundation of the Panchayati Raj system. It is a village assembly consisting of all persons registered in the electoral rolls of the village.
  • Role: It represents direct democracy at the grassroots level, where citizens directly participate in decision-making and monitor the functioning of the panchayat.

B. The Three-Tier Structure

  1. Village Level: Gram Panchayat.
  2. Intermediate (Block) Level: Panchayat Samiti (Mandals).
  3. District Level: Zila Parishad.
  • Note: States with a population under 20 lakhs are not required to constitute the intermediate (block) level.

C. Composition and Election

  • Direct Elections: All members at all three levels (Village, Block, District) are elected directly by the people.
  • Chairpersons: At the intermediate and district levels, the chairperson is elected indirectly by and from the elected members. However, the election method for the Sarpanch (Village Chairperson) is determined by the respective State Legislature.

3. Key Features of the Act

  • Reservation of Seats (Article 243-D):
    • SC and ST: Reserved in proportion to their population in the panchayat area.
    • Women: Not less than one-third (33%) of the total seats and chairperson offices must be reserved for women. (Note: Rajasthan has increased this to 50%).
  • Duration: Panchayats have a fixed five-year term. If dissolved prematurely, fresh elections must be held within six months.
  • State Election Commission: This independent body is responsible for the preparation of electoral rolls and the conduct of all panchayat elections.
  • State Finance Commission: Appointed by the Governor every five years to review the financial position of the panchayats and recommend principles for tax distribution and grants-in-aid.

4. Powers, Functions, and Finances

State legislatures empower panchayats to function as “institutions of self-government.” Their responsibilities include:

  • Economic Development and Social Justice: Preparing and implementing plans for 29 matters, including rural housing, drinking water, roads, and poverty alleviation.
  • Financial Powers: The state may authorize panchayats to levy, collect, and appropriate taxes, duties, tolls, and fees. They also receive grants-in-aid from the State’s Consolidated Fund.

5. Special Reference: Rajasthan and MDSU Context

Rajasthan was the first state to adopt Panchayati Raj (Nagaur, 1959). Post-73rd Amendment, the state enacted the Rajasthan Panchayati Raj Act 1994 to comply with the new constitutional requirements.

For students in Ajmer, it is important to note the current challenges faced by Gram Panchayats in the state:

  • Financial Dependence: High reliance on central and state grants rather than generating independent revenue.
  • Administrative Control: Continued interference by state-level officials.
  • “Proxy” Sarpanches: Instances where male family members exercise power on behalf of elected female representatives.

Summary Analogy: Think of the 73rd Amendment as a new operating system for rural India. Before it, the “hardware” (the village councils) existed but lacked a standardized, protected software to run on. The Amendment installed a mandatory software that ensures every village has a voice, regular “updates” (elections every 5 years), and a “security system” (State Election/Finance Commissions) to keep the system running fairly.

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