Local Governments (Panchayati Raj and Municipalities) — Practice

Question 1

Describe the three-tier Panchayati Raj system mandated by the 73rd Amendment. For each tier, give: (a) its name at each level, (b) what geographic area it covers, and (c) how its head is elected.

Accepted Answer

**Tier 1 — Gram Panchayat (Village Level)**:
(a) Name: Gram Panchayat (in most states); Gram Sabhas are the base
(b) Area: One or more villages; typically 500–7,000 population
(c) Head (Sarpanch/Mukhiya): DIRECTLY ELECTED by all voters of the village; ward members (Panch) also directly elected

**Tier 2 — Intermediate/Block Panchayat (Block/Taluk Level)**:
(a) Name: Panchayat Samiti (Maharashtra), Mandal Panchayat (Karnataka), Block Development Committee (UP) — names vary by state
(b) Area: A 'block' of 20–60 villages; administrative block level
(c) Head (Pramukh/President): INDIRECTLY elected by Gram Panchayat members from among themselves; in some states, directly elected

**Tier 3 — Zila Parishad (District Level)**:
(a) Name: Zila Parishad (most states); District Board, Zila Panchayat in some
(b) Area: Entire revenue district; covers all blocks and villages in the district
(c) Head (Adhyaksha/President): ELECTED by members of the Zila Parishad from among themselves (indirect election)

Note: In states with population below 20 lakh, the middle tier is optional. The minimum mandatory structure is Gram Panchayat + Zila Parishad.

Question 2

Compare the 73rd and 74th Constitutional Amendments. What was the significance of giving constitutional status to local government?

Accepted Answer

**73rd Amendment (1992) — Rural Local Government**:
- Added Part IX (Arts 243-243O) to the Constitution
- Mandated three-tier Panchayati Raj in states with 20 lakh+ population
- Subjects: 11th Schedule lists 29 subjects (agriculture, land improvement, minor irrigation, social forestry, elementary education, etc.)
- Direct elections for all tiers; 5-year term; State Election Commission to conduct elections
- Reservation: 1/3 seats for women + SC/ST proportional to population
- State Finance Commission to recommend finances

**74th Amendment (1992) — Urban Local Government**:
- Added Part IXA (Arts 243P-243ZG)
- Three types of urban bodies: Municipal Corporations (large cities), Municipalities (medium towns), Nagar Panchayats (transitional areas)
- Subjects: 12th Schedule lists 18 subjects (urban planning, regulation of land use, roads, bridges, parks, sanitation, etc.)
- Ward committees in cities with 3 lakh+ population for grass-roots participation
- Same reservation provisions: 1/3 seats for women + SC/ST proportional
- Metropolitan Planning Committee (Art 243ZE) for cities with 10 lakh+

**Significance of Constitutional Status**:
Before 1992: Panchayats and municipalities were creatures of STATE LAW — states created them, could dissolve them, and could withhold funds and functions at will. Their existence and powers were entirely dependent on state government goodwill.

After 73rd/74th Amendments:
(i) **Constitutional right to exist**: States MUST hold elections within 5 years; they cannot dissolve elected bodies at will without following constitutional procedure.
(ii) **State Election Commission**: Independent body ensures elections are not delayed indefinitely.
(iii) **State Finance Commission**: Ensures systematic financial transfers to local bodies.
(iv) **Women's representation**: 10 lakh+ elected women in panchayats = more gender representation than any other level of Indian government.
(v) **Subject devolution**: Though voluntary ('may' language in 11th/12th Schedule), the Schedules created a framework for devolving 29/18 subjects.

Question 3

Despite the 73rd and 74th Amendments giving constitutional status to local governments in 1992, they remain weak in most Indian states. Identify and explain FIVE reasons for this weakness, and suggest specific reforms to address each.

Accepted Answer

**Reason 1 — Inadequate Financial Resources**:
*Problem*: The 11th Schedule gives panchayats 29 subjects but most panchayats have no independent revenue sources. They depend on state grants for 80–90% of funds. State governments often delay or withhold grants. The average per capita expenditure by panchayats is ₹1,000–2,000/year — far below what is needed.
*Reform*: Constitutionally mandate a percentage of state tax revenue (minimum 10%) to flow to panchayats through the State Finance Commission's recommendations. Create taxation powers for panchayats (property tax, user charges) that cannot be overridden by states.

**Reason 2 — Staff and Bureaucratic Control**:
*Problem*: Local government bodies have few dedicated staff. Most development work is executed by state government departments (PWD, Education Dept, Health Dept) whose officers report to state capital, not to the Gram Panchayat or municipality. The gram panchayat cannot direct the Block Development Officer (BDO) — an IAS officer who actually controls most rural development funds.
*Reform*: Transfer staff from state departments to local government payroll and reporting lines. District-level officers should report to Zila Parishad president for local development activities.

**Reason 3 — Parallel Bodies and Bypassing**:
*Problem*: Central and state governments create parallel implementation bodies for schemes (MGNREGA village employment councils, SHG federations, water sanitation committees) outside the panchayat structure. These bodies receive direct funds and report to state/central line ministries, bypassing elected panchayats and fragmenting local governance.
*Reform*: All scheme implementation at the local level should be THROUGH the panchayat — committees can assist but funds and accountability must flow through elected panchayats.

**Reason 4 — Rotation of Reservations Creates Uncertainty**:
*Problem*: Reserved ward boundaries are rotated each election — a woman elected from a reserved ward cannot stand again when her ward becomes 'general.' This prevents continuity of leadership. Elected representatives have 5 years before they may have to contest from a different ward or not at all.
*Reform*: Replace ward-level rotation with a system where the SARPANCH post is reserved (rotates) but ward members can contest repeatedly from the same ward. This allows grass-roots leaders to build long-term local knowledge and relationships.

**Reason 5 — State Government Supersession Powers**:
*Problem*: Many states have provisions allowing the state government to supersede (dissolve or suspend) elected panchayat bodies for vague reasons ('breach of public trust', 'mismanagement'). This power has been used to remove politically inconvenient panchayats, replacing them with bureaucrat-controlled 'administrative committees.'
*Reform*: The constitutional protection (73rd Amendment) should be strengthened by requiring a High Court order (not executive discretion) before a panchayat can be superseded, with strict grounds limited to proven corruption or complete breakdown of function.

**Overall Conclusion**: Local governance weakness is primarily a POLITICAL problem — state governments resist sharing power with local bodies because it reduces their own power and patronage. Constitutional mandate alone is insufficient; fiscal devolution + staff transfer + judicial protection from supersession + elimination of parallel bodies are the four structural reforms that would make constitutional promise a reality.

Practice — Local Governments (Panchayati Raj and Municipalities)

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