In this essay you will learn about the Panchayati Raj in India. After reading this essay you will learn about: 1. Panchayati Raj and India 2. District Magistrate and Pancha Yati Raj Institutions 3. Difficulties of the System 4. Achievement of the System 5. Present Position.
List of Essays on the Panchayati Raj in India
Essay Contents:
- Essay on the Panchayati Raj and India
- Essay on the District Magistrate and Pancha Yati Raj Institutions
- Essay on the Difficulties of Panchayati Raj System
- Essay on the Achievement of Panchayati Raj System
- Essay on the Present Position of Panchayati Raj System in India
1. Essay on the Panchayati Raj and India:
In the past states used to be police states and their main concern was that of punishing die people and collecting taxes. During Hindu period as long as the villages paid the taxes the state did not interfere in their working and thus the villages enjoyed considerable autonomy. Each village Panchayat decided its own cases and hardly a matter was referred to the central government.
The idea of Punch Parmeshwar i.e., God resides among die live village Panchs was quite common. The same position continued under the Muslims as well. But the British rulers in India wanted to change the situation. Instead of decentralisation they followed the policy of centralisation, but found that unsuitable for India.
Many healthy village institutions got decayed during British stay in India. In 1907, Decentralisation Commission in its report pointed out that by ignoring the village as the primary unit of local self-government, the government has made die beginning with a false step.
It also suggested that it is most desirable to constitute and develop village panchyats for administration of certain local affairs in the villages. But the government did not pay any serious attention to this recommendation. It was under die Act of 1919 that some state enacted certain laws aiming at reviving panchyati raj institutions.
More attention was paid to these institutions in 1937 when power was transferred to Congress party in some provinces but these received set back when these resigned in 1939.
During freedom struggle national leaders in India assured the people that in free India Panchayats will get back their lost power and glory. Mahatma Gandhi, strongly believed in the establishment of Panchayati Raj and in decentralisation rather than centralisation of powers and authority.
Accordingly constitution makers, in the ‘Directive Principles of State Policy’, enjoined upon the governments, both in the centre as well as the states, that the Panchayati Raj institutions should be established as quickly a possible.
The system of community development as a first step was started in 1952. Under the system each state was divided into blocks under the supervision of a Block Development Officer. But somehow the system did not work well because die desired co-operation of the villagers to the whole programme was not forthcoming. In 1957, Balwantrai Mehta Committee was set up to review the working of Community Development Programme.
The Committee had wide terms of references. It was to suggest arrangements for the execution of the programme with special reference to intensification of activities in the sphere of agricultural production and measures of co-ordination between different Ministries at the centre. It was also to suggest organisational structure and methods of work with a view to securing greater speed in the despatch of business.
Its other terms of reference were:
(a) What was the need of personnel for effective implementation of community projects?
(b) Whether existing training facilities were adequate to meet growing requirements of personnel for community project work?
(c) How far has Community Development programme succeeded in utilising local initiative?
(d) How far there has been improvement in economic and social conditions of die people on account of Community Development programme?
The Committee was also given full liberty to suggest any measure for the improvement of die scheme. It submitted its report by the close of the year and recommended establishment of Panchayati Raj System. It suggested that whole system should be so organised that the villagers participated in their own affairs and the rural people developed a capacity for taking decisions.
The Committee also-recommended that there should be elected bodies at village, block and district levels. The government should also try to surrender some departments completely to the villages. It also recommended a three-tier system; namely, (a) Village Panchayat, (b) Panchayat Samiti and (c) the Zilla Parishad.
It suggested that adequate financial resources should be provided to these bodies to enable them to discharge their obligations. These institutions should also be made a channel for all programmes of social and economic development.
It did not favour a uniform system throughout the country but was of the view that each state should be free to develop its own pattern keeping basic principles of the scheme in view. It was of die opinion that rural development could not be possible without local initiative.
It recommended three-tier system and proposed that all programmes of social and economic development should be channelised through these bodies. The recommendations of the committee were broadly accepted by die Government of India and states adopted these with little variations.
Usually die states followed the following pattern:
i. Gram Sabha:
It is General body of the village. It consists of all the adults of a village and meets at least once in six months. In one of the meetings policy is decided while in another implementation of the policy is discussed. It is a very strong and effective organ in the whole set up. It examines annual accounts of the Panchayat and takes stock of its administrative work.
It also gives guide-lines for future work. It also examines administrative report of the previous year and approves programmes for the next year. It also approves taxation proposals.
ii. Village Panchayat:
The members of the Gram Sabha are entitled to participate in the election of Panchayats. They elect both the Panch and the Sarpanch. Only those who are voters and do not hold any office of profit under die government are eligible to be elected to the Panchyat. Criminals are disqualified from such elections.
The strength of a Panchayat is minimum 5 and maximum 20. In addition to this there is provision for the co-option of ladies and members of scheduled castes and scheduled tribes. The Sarpanch is die executive head of the Panchayat. It has also a Secretary.
The Panchayat formulates its own budget within its own resources and is the final decision-making body. In some cases decision is taken by 2/3 majority but usually majority vote is taken as decision of the Panchayat. Sarpanch is answerable to Gram Sabha. It maintains roads and wells, public health services and keeps a record of deaths and births.
Village Panchayat is required to maintain sanitary conditions, provide street lighting, maintain supplies of drinking water, village roads, schools, burial grounds, propagate family welfare programme, open libraries, centre for social and child welfare, etc.
In fact, it is required to perform all such functions with which village as a whole is concerned. It is also expected to promote agriculture and animal husbandry. In order to meet expense it can levy taxes on animals, vehicles, houses and professions.
It can also tax duty on transfer of property located in the village and receive fee for the settlement of cases presented to it. The panchayat can impose fines for the violation of its laws and thus receive some income.
iii. Block Level:
In the three their system block is at the intermediate level. A block is an area which is neither as small as a village nor as big as a district. It usually consists of 20 to 60 villages depending on area and population.
Body which exists at this level is commonly known as Panchayat Samiti which consists of:
(a) About 20 members elected by and from panches of all panchayats falling in the block area.
(b) Two coopted women members.
(c) One each coopted member from scheduled caste and scheduled tribe.
(d) Two local public men.
(e) Representatives of the co-operative societies of the block.
(f) One representative of small municipalities of the block.
The Chairman of this Samiti is generally a non official and is elected by the members of the Simiti for a period of five years.
The Samiti is required to perform following functions:
(a) To co-ordinate die work of various panchayats functioning within die block.
(b) To look after developmental activities of the area and to prepare developmental plans.
(c) To ensure implementation of the plan.
Though die Panchayat Smitis have been given vast powers in theory, yet in- practice these play very little role because of resource crench, too much interference of political and administrative bosses and directives from the state government to officials working in the field for the implementation of schemes.
iv. Zila Parishad:
It is die highest body in the three tier system.
Its organisation differs from state to state but generally its organisation is as follows:
(a) Representatives of Panchayat Samiti.
(b) All MPs and MLAs of the area.
(c) All district level officers.
(d) Representatives of the women, scheduled castes and scheduled tribes.
(e) Collector of the area.
Most of the work of die Zila Parishad is carried through standing committees which are elected by the general body. Chairman of Zila Parishad and District Collector arc ex-offico members of the Parishad. The Parishad coordinates the activities of Panchayat Samitis which fall within its jurisdictions and in some states approve their budgets as well.
It advises the state government concerned about the implementation of development schemes going on in the area. It is responsible for maintaining schools, dispensaries, minor irrigation works and developing, local industries and local art.
Gram Panchayats usually have a part time secretary while Block Development officer looks after the work at block level. In the blocks there are also Extension officers and village Development officers, who help the villagers in using the latest agricultural tools. In the Zila Parishad in addition to collector, the other officers are secretary of the Parishad, Executive Engineer, District Technical officer, etc.
v. Nayaya Panchayat:
In order to relieve the villagers of knocking the courts of law, the Panchayats are grouped together. Five to seven Panchayats constitute a Nyaya Panchayat, each Panchayat having one representative. Chairman of Nyaya Panchayat is elected from among its own members. It has jurisdictions over small civil and criminal cases.
A block consists of between 20-60 villages. It consists of about 20 elected members of the Panchayats of the areas.
vi. Panchayat Samitis:
Second tier of die whole system is Panchayat Samiti. It is at block level. Indirect elections are held for it. It includes all Sarpanchs, M.L.A.s belonging to the area, representatives of gramdan villages, Chairman of service co-operatives, Chairman of marketing societies, S.D.O., etc.
Chief executive officer is Vikas Adhikari who is assisted by Extension Officers. The Samiti is responsible for taking steps for increasing agricultural production, improving health, means of communication, cooperative system, animal husbandry, cottage industries, small saving schemes and spreading education.
It is a very powerful body and is primarily responsible for making the programme a success. It can frame its own programme within the state Plan. In this women and members of scheduled castes and scheduled tribes are given special representation.
It co-ordinates die work of different Panchayats in the block and looks after development work in the area. It executes community development programme. Chairman of the Samiti is non-official and normal life of the Samiti is 5 years.
Panchayat Samitis function through Standing Committees. Each Standing Committee is given a specific function. Each Samiti has a President and important Standing Committees are presided over by him. The chief executive officer of the Samiti is Block Development Officer who is assisted by Assistant Development Officer and village level workers.
They are paid government servants. They are supposed to carry out the instructions of Panchayat Samiti. Thus, they are under the control of both the bureaucratic and democratic set up.
The funds of the Samiti come from the state government can also levy certain taxes. It receives a percentage of land revenue, charges water rates for minor irrigation purposes, levies tax on profession, trade, charges rent on property, toll tax on pilgrim places, roads, entertainments, amusement, motor vehicles, etc.
vii. Zila Parishad:
At the head is Zila Parishad about which a mention has made earlier.
Sources of Income:
Panchayats, in the past used to be very prosperous and self-sufficient bodies. In fact, these used to be called little republics. But now their character has changed and these are not self-sufficient at all. Economically their sources of income are very poor.
Some of the main sources of income are:
(a) Animal tax,
(b) Registration of animal fees,
(c) Vehicles, such as cart or bullock cart tax,
(d) Local trade tax,
(e) Building tax,
(J) Rent from village property,
(g) Local government district boards,
(h) Fines on account of violation of Panchayat laws and
(i) Fees paid for presenting civil and criminal cases before the Panchayats. But now that Panchyati Raj Act has been passed the panchayats are likely to get sufficient sources of income.
Sources of Expenditure:
As against these sources of income the sources of expenditure are many more. The Panchayats are required to perform many administrative, judicial and other functions, which have been enumerated above. These sources require expenditure which the Panchayats cannot spend from their limited income, with the result that the pace of progress has considerably retarted.
If it is desired that the Panchayats should enjoy their past glory, these should be made economically self-sufficient.
In this connection it may be pointed out that Balwant Rai Mehta Committee recommended that Panchayat Samitis should be allowed to raise funds from land revenues, rents from its property, water tax, tax 011 professions and trade, pilgrim tax, entertainment tax, cases on primary education, proceeds from fairs and markets, shares from motor vehicles tax and grants from the government.
It also recommended, that it should have certain compulsory functions on which it will be required to spend.
These include water supply for domestic use, sanitation, maintenance of streets, drains, tanks, street lights, roads, bridges, drains, primary schools, relief of distress and welfare of backward classes.
The Panchayats should raise funds by way of property or house tax, tax on markets, vehicles, termination or octroi tax, conservancy tax, fees to be charged for registration of animals sold within its jurisdiction, fees from slaughter houses, lighting rates, water rates and by way of grants from Panchayat Samitis. Since now panchayat are likely to have their own funds therefore situation is likely to radically change.
2. Essay on the District Magistrate and Pancha Yati Raj Institutions:
During the British days District Magistrate never considered himself as the servant of the people. But now his role has altogether changed. He is supposed to be friend, guide and philosopher of the village Panchayat.
Balwant Rai Mehta Study Team on the Community Development and National Extension Service said:
“At the district level, Collector or die Deputy Commissioner should be die captain of the team of officers of all development departments and should be made responsible for securing the necessary co-ordination and co-operation in the development. Where he is not already empowered to make the annual assessment of the work of the departmental officers in regard to their cooperation with other departments their speed in work, their dealings with the people and their population for integrity, he should be invested with such powers.”
Similarly the authors of the Third Five-Year Plan said, “The Collector of the District will continue to have a large share of responsibility in facilitating the success of Panchayati Raj institutions. He has the duty of ensuring co-ordination at the district level between the Zila Parishad and the technical officers in different fields, close contacts between die latter and the Panchayat Samitis and Extension Officers at the block level, and a continuing How of technical advice and guidance from departments at the state level. An important aspect of the Collector’s work will be to assist democratic institutions and the public services in developing right conventions in day-to-day work and in contribution in fulfilling common objectives.”
Similarly Late Prime Minister Lai Bahadur Shastri while addressing the National Development Council in 1964 said:
“All too often we think of these things at the national level and the state level, while there is neglect and even confusion at the village level. The former has now to deal separately with representatives of different government agencies each owing allegiance to a Department or Ministry at the headquarters of the state or central government.
The coordinating role which the district officer used to play in the past has been lost.
I would suggest to all the Chief Ministers present here today, that they should restore to district officer, whether he is known as the Collector or die Deputy Commissioner, the status of a coordinator of all governmental activities in the district and confer upon him the responsibility of guiding all the efforts undertaken on behalf of government central or state.
This may well mean splitting up the larger districts into more compact administrative units. This task should be faced as one of urgency. 1 would like to emphasize this point. Some of the districts, for instance in Uttar Pradesh, Bihar and West Bengal are very large indeed. It will be advisable for better administration to break up these districts even if it means more expenditure which will be worthwhile.”
But the role of District Magistrate has now altogether changed. He is responsible for serving the people and not bossing over them. He is expected to be a guide and friend rather than a high necked tough bureaucrat. He is supposed to be an administrator but work with a view to serving the masses and appreciating their feelings and sentiments.
3. Essay on the Difficulties of Panchayati Raj System:
In spite of the fact that the government is very keen to make Panchayati Raj system a success, unfortunately it has not met desired success. Co-operation of the villagers to the desired extent is not forthcoming and it is still believed that die programme is being imposed upon them.
Those responsible for the execution of the programme have failed to make the people realise that it is in their own interest that they should make the whole programme a success. As long as willing co-operation of the people is forthcoming no programme can the a success.
In the whole scheme there is unscientific allocation of functions. Development and local functions have been combined, though requirements of two types of functions are quite different. This blending has jeopardized the autonomy of two those institutions.
In the three-tier system all the three-tiers do not treat each other as equal. There is tendency for domination which is against the very spirit of democratic decentralisation. Higher tier should not try to dominate over the lower units.
Usually there is lack of understanding between the people and the officers of the panchayati raj system. Spirit of co-operation and understanding which should have developed has as yet not developed. The difficulties continue because the officers have urban background and they do not understand and appreciate the problems of rural folk. The urban oriented people do not work with missionary spirit.
Under the scheme the functions have been allocated without paying any regard to the competence of various structures and without making financial resources available to each. There is even duplication of efforts.
The imposition of several ex-officio members on these bodies not only makes the system undemocratic, but at the same time make the people come out clearly with their problems in their presence.
The control of the government over these bodies is still very tight and these are not allowed to function smoothly and independently.
Then another difficulty of the scheme which has been found in operation is that each higher tier has a tendency to treat lower structure as its subordinate. This type of mutual relationship is obviously not in the real spirit of democratic decentralisation. The system can be a success only when the three work in close co-operation with each other.
The people are illiterate and they do not fully realise and appreciate the change and the silent revolution which the new system is introducing. Each election for electing the members of Samitis and Parishads, instead of bringing goodwill, understanding and harmony, creates feeling of ill will and disharmony.
The villagers get themselves divided into camps which is not in the interest of the village as a whole. In addition, the masses are as yet not politically conscious. As yet they do not realise the significance of vote and the manner as well as the method of rightly and judiciously casting the vote. They are still swayed by personal and caste considerations.
The finances placed at the disposal of these bodies are very limited. In fact, due to lack of finances they cannot get the appreciation and win the co-operation of the people. They still feel that the programmes of these bodies are only minor and thus do not attach any significance to them.
The villagers have so far failed to produce selfless leaders. The leaders usually come forward with selfish ends in view and as soon as they successfully grind their axe they disappear, leaving die people in lurch. They do not provide sufficient guidance for the village people.
Then another difficulty is that some panchyati raj institutions have undemocratic composition. Zila Parishads have many ex -officio members and officials who have sufficient influence over it they are state government officials and through the state government tries to control panchayats.
Public servants who are supposed to guide them, have failed in achieving their objective. Usually instead of guiding they criticise them and thus very much discourage them. They are also drawn from die urban areas and as such do not understand the problems of villagers.
The villages are dominated by powerful feudals or Zamindars or other elites. Their hold is so strong and they guide die whole show in such a manner that they make democratic institutions a mockery. Though it was hoped that political parties will not interfere in the working of the Panchayat, yet unfortunately in actual practice there has been too much interference of these parties.
Then another difficulty is that distribution of functions at different levels in the whole system is both defective and unscientific. No efforts have been made to develop these on scientific lines. At every level developmental functions have been mixed up with local self-governmental activities and this has created confusion everywhere.
Not only this, but while allocating functions no care is taken for providing infrastructure, so that the whole work is speedily and efficiently finished.
Then another problem is that the functions of all the three main organs of democratic decentralisation very much over lap, which create a lot of confusion and neglect on the one hand and waste of money on the other.
Janata Government and Panchayati Raj System (Ashok Mehta Committee):
When Janata Government came to power, it set up a committee under the Chairmanship of Ashok Mehta to look into slow causes of development of Panchayati Raj institutions and suggest remedial measures. The Committee recommended that instead of three tier, there should be two tier system consisting of Mandal Panchayats and Zila Parishads.
Panchayat Samitis should be retained during transitory period. Mandal Panchayats should consist of 15 directly elected representatives of die people, who should be elected for a period of 4 years. Seats may be reserved for scheduled castes, scheduled tribes and women.
Zila Parishads should consist of Presidents of Panchayat Samitis, nominees of municipalities, women members, members belonging to scheduled castes and scheduled tribes, MLAs and MPs of the area. It should have 4 years term.
The Mandal should be responsible for executing schemes approved by die Parishad whereas the Parishad should concern itself with developmental functions of the district. The dependence of local self-government institutions on die Centre should be reduced. It recommended transfer of some taxes to these bodies.
Elections to these bodies should be held within 6 months of supersession of dissolved body. Each Parishad should have social justice committee to ensure welfare both social and economic, of weaker sections of society. It also recommended open participation of political parties in these bodies.
There is no doubt that the difficulties are real and practical but to think that these are unsurmountable is something ridiculous. One of the important solutions is that masses should be made to realise the significance and effectiveness of the change which is gradually coming through this programme.
Once the people realise this and come forward to make the programme a success there, can be no doubt about its success. As long as the people feel that it is being imposed upon them, there can be no chances, of its success.
But this change cannot be brought by government alone. For this the co-operation of both governmental and non-governmental agencies is very much needed. It is very much true that once new vision is successfully portrayed everything else will automatically follow.
4. Essay on the Achievement of Panchayati Raj System:
But it is wrong to believe that the whole system has failed and the nation has gained nothing out of this. Its one important achievement is that the villagers have come to understand the magnitude of their problem. They have realised the need and appreciate that unless effective stops are taken their problems can find no solution.
Then another solid achievement of the programme is that the fear of bureaucracy and public servants is now vanishing.
These are now not considered as bosses of the British days but their public servants. They discuss their problems with them and try to find out solution to their problems. Then another achievement is that the people are now being trained on democratic lines and have begun to love democratic institutions and organisations.
5. Essay on the Present Position of Panchayati Raj System in India:
Democratic decentralisation drew special attention of the government headed by Prime Minister Rajiv Gandhi. It felt that unless power was transferred to panchayats and grass-root level bodies, there could be no real democracy.
It also felt that even very good schemes prepared by the government for the welfare of the people have not benefited the masses because power brokers take away all the advantages and government efforts have proved a total failure in this regard.
The Prime Minister felt so much concerned about it that he himself moved a constitution amendment bill in the Lok Sabha in July-August 1989 session of Parliament with regard to transfer of effective powers at the village level.
According to the Bill it will be obligatory to hold elections to a dissolved panchayat body within a period of 6 months, as is now the case with stale legislatures and Lok Sabha. In the elections all adults who have attained 18 years of age will be entitled to vote.
In order to ensure free elections, these will be conducted by the Election Commission. In every elected body 30% of the seats will be reserved for women. As in the case of all elected bodies seats will also be reserved for scheduled castes and scheduled tribes. All funds earmarked for developmental purposes will be placed directly at the disposal of these bodies. The present system of routing these through states will be discontinued.
The idea is that the funds are not diverted to the projects for which these are not intended. Preparation and execution of all developmental plans will he the responsibility of these bodies. All round efforts will be made to ensure that the role of middle men and dishonest and selfish politicians is reduced to the minimum and in fact eliminated. The Bill was passed by the Lok Sabha but was defeated in die Rajya Sabha.
In November, 1989, National Front government headed by V.P. Singh came to power. The government announced that 50% of die income will be earmarked practically for the rural sector. It also favoured timely and regular elections to the rural democratic institutions and more powers to these bodies. But no further action could be taken as the government went out of power after about a year.
Seventy Third and Seventy Fourth Constitution Amendment Acts:
In 1991, when P.V. Narsimha government came to power it decided to amend the constitution to give real and effective powers to die villages and to introduce the system of democratic decentralisation which could not be carried out by Rajiv Gandhi government. Accordingly in 1993 it got passed Seventy-Third and Seventy-Fourth Amendment Acts.
The government felt that Panchayati Raj institutions though in existence for a very long time have not acquired the status and dignity of viable and responsive people’s bodies because of absence of regular elections, prolonged supersession, insufficient representation of weaker sections of society like Scheduled Caste, Scheduled Tribes and women, inadequate devolution of powers and lack of financial resources.
Art 40 of the Constitution enjoins upon the government to take steps to organise village panchyats and give these such powers and authorities which may be necessary to function as a unit of government. Accordingly a new pail IX was added to the Constitution with the passing of Constitution 73rd Amendment Act. The Act provides that:
Gram Panchyat:
According to Art 243 B of the constitution Gram Panchyat shall be constituted at die village, intermediate and district levels. However, these may not be constituted at intermediate level where population does not exceed 20 lakhs.
The legislature of a state is empowered to make provision with regard to the composition of the panchayats provided that the ratio between the population of the territorial area of a panchayat at any level and the number of seats in such panchayat to be Filled by election shall be same throughout the state.
The seats in the panchayats shall be filled by persons chosen by direct election.
The Chairperson of a panchayat at the village level shall be elected in such manner as the legislature of a state, may by law provide.
Section 243 D of the Act provides for die reservation of seats and offices of chairpersons to the scheduled castes and scheduled tribes at all levels and also for woman and women belonging to scheduled castes and scheduled tribes to the extent of one-third of the total seats reserved for scheduled castes and scheduled tribes.
The duration of every panchayat shall be five years.
The legislature of a state may by law endow the panchayats with such powers and authority to enable them to function as institutions of self- government and also to authorise these to levy, collect and appropriate such taxes, duties, tolls and fees with necessary limits and to assign these to panchayats for such purposes and on such conditions as necessary and make such grant-in-aid to the panchyats from the consolidate fund of the state.
Under the Act the Governor of the State has been empowered to constitute a Finance Commission to review financial position of the panchayats. It shall be the responsibility of the Commission to make recommendations to the Governor as to the distribution of the taxes, duties, tolls and fees leviable by the state between the state and the panchayats.
Similarly it will determine taxes, duties and tolls etc. which may be assigned to and appropriated by the panchayats; the grants in aid to the panchayats from the consolidated fund of the state and measures needed to improve financial position of panchayats.
The legislature may provide for the composition of the Commission and qualifications of its members and their selection procedure.
The legislature of the state is empowered to make provisions about the maintenance and auditing of accounts of the Panchayats.
In the Act it is provided that superintendence, direction and control of, the preparation of electoral rolls or and the conduct of all elections to the panchayats shall be vested in the State Election Commission, consisting of a State Election Commissioner to be appointed by the Governor. The service conditions of the members of the Commission shall be determined by the Governor.
Generally the provisions of this Act shall apply to the Union Territories, with such modification as the President may specify in the notification.
The courts are barred from interfering in electoral matters. No election petition to any panchayat shall be called in question except by an election petition presented to the competent authority in such manner as may be prescribed by state legislature.
In 1993, Constitution Seventy-Fourth Amendment Act was passed which dealt with urban local bodies of the states. The Act provides for the constitution of a nagar panchayat for a transitional area i.e., the area in transition from a rural, to an urban area; a Municipal Council for a smaller urban area and a Municipal Corporation for larger urban area.
It is however, provided in the Act that a municipality may not be constituted in such urban area, as may be decided by the Governor. He will also specify by public notification what constitutes a transitional, smaller urban and larger urban area.
All seats in a municipality shall be filled by way of direct election and for this purpose each municipal area shall be divided into territorial constituencies called wards.
The legislature of the state by law shall provide for the representation in the municipality of persons having special knowledge of municipal administrations, MPs and MLAs of the state representing the area and so also the members of the Rajya Sabha and Legislative Council registered as electors within the municipal area; chairpersons of the committees constituted under Art 243S of the Constitution.
State legislature will decide about the manner of election of chairperson of a municipality.
The Act also provides for the constitution of Ward Committees consisting of one or more wards, within the territorial area of a municipality having a population of 3 lakhs or more. The legislature of the state is empowered to make provisions with respect to the composition and territorial area of each Ward Committee.
The Act also provides for the reservation of seats for scheduled castes and scheduled tribes in every municipality in proportion to their population of which not less than one-third of total number of seats should be reserved from women from among the scheduled castes and schedule tribes. Further one-third seats may be reserved for women and such seats may be allotted by rotation. The legislature may also provide for reservation for backward classes.
Ordinarily term of every municipality shall be five years.
It shall be the responsibility of municipality to prepare plans for economic development of die area and to performs social justice functions and to implement schemes entrusted to them including those mentioned in the twelfth schedule.
The municipality may be authorised by the state legislature to levy, collect and appropriated such taxes, duties, tolls and fees as may be assigned by die State government.
There shall be constituted by die Governor a Finance Commission for reviewing financial position of the Municipalities, along with that of the panchayats and make recommendations to him measures needed for improving financial position of the municipalities. The Governor shall make arrangements for laying down die recommendations of Commission on the Table of the concerned legislature.
The State Election Commission shall arrange for the superintendence, direction and control of elections and take steps for the preparation of electoral roles.
In the Act provision has been made for die constitution of District Planning Committee at the district level to consolidate the plans prepared by the panchayats and municipalities and to prepare a draft development plan for the district as a whole.
In every metropolition area there shall be Metropolitan Planning Committee which shall prepared draft development scheme for the metropolitan area as a whole.
The courts have been barred from interference in electoral matters.
A new Twelfth Schedule has been inserted which indicates various functions and scheme to be prepared and performed by a municipality.
All the state governments have been directed to enact new laws or to modify the existing ones keeping the provisions of these Constitution Amendment Acts in view.
Thus it can be hoped that now die panchayats and other local bodies will get their past glory and may once again became little republic of the days gone by.