PANCHAYATI RAJ

 PANCHAYATI RAJ 

Introduction

1. panchayat= institution of self-governance at village level
2. functions
1. preparation of plans of social and economic development and their implementation
2. implementation of rural development scheme of state and central govt
3. analysis
1. though 73rd constitutional amendment act aims at self government, panchayats are seen only as developmental agencies
2. govt= maintaining law and order also along with development
3. studies show that panchayats lack planning skills
4. panchayat are not the sole implementing agencies, role circumscribed by NGOs, voluntary sectors
4. vision
1. villages were worst affected by colonial policies, hence gandhi suggested panchayati raj to end poverty
2. gandhi's ideas
1. land reforms: land to the tiller
2. power to use resources with people so equitable and sustainable development

Strategies of rural development after Independence

1. gandhian approach rejected as traditional, utopian
2. Ambedkar considered villages as den of ignorance due to caste system
3. Nehru preferred on the capacity of bureaucracy rather than masses
4. Community Development Programme
1. largest rural development program
2. bureaucracy led development: most modernised section of society
3. achievement of CDP
1. total failure
2. created development administrative infrastructure
3. country divided into developmental blocks which had group of villages under Block Development Officer, assisted by village level worker
1. to provide villagers information about govt plans, programme, provide them support, basically lead them
2. motivate them to be part of 5-year plan
4. it failed since bureaucracy had no experience in development work
5. corruption was culture of bureaucracy
6. they had colonial mindset, not suitable for the job
5. Balwant Rai Mehta Committee 1957: 
1. appointed by PC to review CDP
2. recommended people's representative at village level
3. 3-tier panchayati raj
1. people didn't connect with bureaucracy hence they will act as link

Phases

1. 1st phase of panchayati raj 1950s-1960s
1. phase of enthusiasm
2. inaugrated at Nagaur district in Raj on 2nd oct 1959
3. all states introduced
2. 2nd phase: phase of stagnation (1970s -1980s)
1. once panchayat were constituted, there were no regular elections
2. they remained dissolved once dissolved
3. lack of funds
4. exception: Kerala, WB, Karnataka, Maharashtra
5. due to wars and secessionist tendencies, centralisation happened
6. states had limited powers, union was not devolving
3. Janta Party appointed Ashok Mehta Committee in 1977
1. exhaustive work but report not tabled
2. highlighted conspiracy against panchayat
1. union
1. didn't devolve power
2. state
1. if strong panchayats, state govt will loose relevance
2. challenge to existing elites
3. bureaucracy
1. main conspirator
2. shift of power and resources from bureaucracy to people
3. govt of Kerala adopted Moral code of Conduct for both civil servants and representatives
1. 73rd amendment ignored such reforms
4. 3rd phase of revival (1990s)
1. Rajiv gandhi brought revolutionary bills to introduce strong panchayats and municipalities
2. couldn't pass due to resistance from states
3. bills were introduced on the recommendation of LM Singhvi committee which recommended giving constitutional status
4. economic reforms were coming but not political reforms which would impact inclusive growth
5. India adopted New Economic Policy in 1991, 73rd amendment was passed
6. neo liberal state needs decentralisation of power
5. failure because of civil society
1. panchayati raj has been supply driven and not demand driven
2. we require grassroot movements
6. why govt brought
1. international pressure by 'Structural  Adjustment  Program'
2. Agenda 21 at Earth Summit required community participation
7. Amartya Sen; Until and unless, an issue becomes a matter of public debate, govt will not respond
8. Habermas: suggested need for public sphere and communicable actions
9. 4th phase: phase of dissillusionment
1. Mani Shankar Ayyer Committee: 
1. to analyse 20 years of working of panchayati raj
2. panchayati raj is worse than no panchayati raj
3. no qualitative improvement in the lives of people
4. we have achieved decentralisation of corruption, nexus between chairman of panchayat, local bureaucrat and politicians
5. gram sabha is still weak institution
6. capacity building is key to improvement
2. contribution of Eleaner Ostron

Analysis of 73rd Amendment Act

1. half baked cake
2. introduces just skeleton
3. compromised document
4. two types of provision
1. compulsory provisions: create structure
2. voluntary provision: empowerment of panchayat
1. left on the states
5. huge variation based on regions. eg- strong in Mah, Kerala, Karnataka
6. features and drawbacks
7. makes mandatory to constitute panchayats
1. 3-tier model
2. all states have uniform model which helps policy making
3. act doesn't specify what level will do what function, hence uniformity is defeated
8. Poonchi Commission and 2nd ARC suggested
1. activity mapping following subsidiary principle
1. what can be done at local level should not be done at state level
9. act introduces gram sabha
1. act doesn't tell powers of gram sabha
2. regional variation. eg- huge powers in MP
3. Mani Shankar Aiyer Committee held that only one meeting in a year takes place, that too bogus in many cases
4. hence video-recording is suggested
5. like PESA act, 73rd amendment should mark the functions of gram sabha
10. elections
1. regular election is mandatory
2. act creates state election commission
3. SEC not as autonomous as CEC
1. suggested to bring it under CEC
4. act doesn't specify reasons for dissolution of panchayats
11. finances
1. gives responsibility to FC to make recommendation to union for devolution
2. creates SFC to make recommendation to state govt
3. 14th FC: state govt don't implement the recommendations
4. reports of SFC not tabled
5. SFC lack autonomy, expertise
6. streamline term of SFC and FC for better assessment and disbursement
7. way forward
1. Panchayat Ombudsman like in Kerala
2. give specific auditing mechanism, today by CAG
3. social auditing in India continues to remain weak
1. lack of capacity among people
2. lack of cooperation from bureaucracy
3. weak implementation of RTI
12. planning
1. decentralised planning is most important
2. 74th amendment provides for District Planning Committees
3. MSA committee: didn't happen
1. planning is expert job which requires training and capacity building
2. bureaucracy is not interested
13. act doesn't create any provision related to bureaucracy
14. way  forward
1. like Kerala, there should be model code of conduct
2. beside loopholes, various policies contribute towards weakening of system
1. presense of parallel agencies
2. funds are transferred to NGOs
3. MPLAD/MLALAD
3. provision for MPs and MLAs in 73rd Act, which kills the initiatives
15. reservation
1. reservation at all 3 levels for women, SC, ST
2. reports from TN show that members of upper caste haven't allowed members of SC to attend the meeting
3. way forward
1. empowerment is long term
2. make mandatory that no resolution to be passed without presence of dalit/women members
3. video recording of meetings should be mandatory

Conclusion

1. greater grassroot movement
2. Poonchi commission: create legislative council in each state and make it institution to represent local bodies
1. through this, pressure on govt to devolve funds
3. create watchdog body
4. VS Naipaul: Million mutinies are required

 

74th Amendment Act

1. historically, known for excellence in urban planning/administration
2. present state remains worse than villages
3. hardly any attention after independence towards municipal governance
4. LS dominated by rural leaders
5. urban centres are source of funds, hence greater reluctance
6. requirement of India due to growth
7. learn from China, not a democracy, still has powers
8. more backward then panchayats
1. lack mohalla sabhas
9. Isher Judge Ahluwalia; we failed to even imagine the amount of loss we are incurring because of neglect of urban administration. There can't be smart cities without smart municipalities
1. 3 fundamental roadblocks
1. federal system which does not empower third tier
2. political system biased towards rural areas
3. lack of institutional framework for metropolitic planning
10. more chaotic due to presence of parallel administration
11. lack of uniformity, many institutions: nagar panchayat, nagar palika, nagar nigam, notified Area Committee, Court authorities, cantonment board
12. office of mayor is ceremonial
13. India continues to be over-developed state
14. compare India and china
15. R. Srinivasan
1. combined expenditure of all urban local bodies in India is 1% of GDP according to NITI Aayog
2. these city administration could generate only 44% of their finances from their own revenue sources like property taxes and user charges
1. the bulk of municipal expenditure goes to wards paying wages and salaries
3. Lord Ripon first specified the roles , responsibilities, financial powers of local bodies in 1882
4. Atal Mission for Rejuvenation and Urban Transformation (AMRUT) funds infrastructure projects, but it has meet only 20% of its target
5. way forward
1. doing away with guaranteed employment in municipal service and having various civic service chiefs run directly like in US.