LOCAL BODIES
I. PANCHAYATI RAJ
The term Panchayati Raj in India signifies the system of rural local self-government.
It was constitutionalised through the 73rd Constitutional Amendment Act of 1992.
This act has added a new Part-IX to the Constitution of India.
This part consists of provisions from Articles 243 to 243 O.
The act has also added a new Eleventh Schedule to the Constitution.
This schedule contains 29 functional items of the panchayats.
EVOLUTION OF PANCHAYATI RAJ
Balwant Rai Mehta Committee
Ashok Mehta Committee
G.V.K. Rao Committee
L M Singhvi Committee
Thungon Committee
Gadgil Committee
Narasimha Rao Government
73RD AMENDMENT ACT OF 1992
The act has given a practical shape to Article 40 of the Constitution which says that, “The
State shall take steps to organise village panchayats and endow them with such powers and
authority as may be necessary to enable them to function as units of self-government.” This
article forms a part of the Directive Principles of State Policy.
The provisions of the act can be grouped into two categories– compulsory and voluntary.
A. Compulsory Provisions
1. Organisation of Gram Sabha in a village or group of villages.
2. Establishment of panchayats at the village, intermediate and district levels.
3. Direct elections to all seats in panchayats at the village, intermediate and district levels.
4. Indirect elections to the post of chairperson of panchayats at the intermediate and district
levels. 5. Voting rights of the chairperson and other members of a panchayats elected directly
or indirectly. 6. 21 years to be the minimum age for contesting elections to panchayats.
7. Reservation of seats (both members and chairpersons) for SCs and STs in panchayats at
all the three levels.
8. Reservation of one-third seats (both members and chairpersons) for women in
panchayats at all the three levels.
9. Fixing tenure of five years for panchayats at all levels and holding fresh elections within
six months in the event of supersession of any Panchayat.
10. Establishment of a State Election Commission for conducting elections to the
panchayats.
B. Voluntary Provisions
1. Endowing the Gram Sabha with powers and functions at the village level.
2. Determining the manner of election of the chairperson of the village panchayat.
3. Providing reservation of seats (both members and chairpersons) for backward classes in
panchayats at any level.
Salient Features
• Gram Sabha
It is a body consisting of persons registered in the electoral rolls of a village comprised
within the area of Panchayat at the village level.
It may exercise such powers and perform such functions at the village level as the
legislature of a state determines.
• State Election Commission
The superintendence, direction and control of the preparation of electoral rolls and the
conduct of all elections to the panchayats shall be vested in the state election commission.
• Finance Commission
The governor of a state shall, after every five years, constitute a finance commission to
review the financial position of the panchayats.
Exempted States and Areas
The provisions of Part IX of the constitution relating to the Panchayats are not applicable to
the Fifth Schedule areas.
The act does not apply to the states of Nagaland, Meghalaya and Mizoram and certain other
areas. These areas include -
(a) The scheduled areas and the tribal areas in the states
(b) The hill areas of Manipur for which district councils exist
(c) Darjeeling district of West Bengal for which Darjeeling Gorkha Hill Council exists
However, the Parliament may extend the provisions of this Part to the scheduled areas and
tribal areas. Under this provision, the Parliament has enacted the “Provisions of the
Panchayats (Extension to the Scheduled Areas Act”, 1996, popularly known as the PESA
Act or the Extension Act.
II. Municipalities
The system of urban government was constitutionalised through the 74th Constitutional
Amendment Act of 1992.
This Act has added a new Part IX-A to the Constitution of India.
It consists of provisions from Articles 243-P to 243-ZG.
The act provides for a five-year term of office for every municipality.
The term ‘Urban Local Government’ in India signifies the governance of an urban area by
the people through their elected representatives.
There are eight types of urban local governments in India–
1. Municipal corporation
2. Municipality
3. Notified area committee
4. Town area committee
5. Cantonment board
6. Township
7. Port trust
8. Special purpose agency
Three Types of Municipalities -
1. A Nagar panchayat
2. A municipal council
3. A municipal corporation
Exempted Areas
The act does not apply to the scheduled areas and tribal areas in the states.
However, the Parliament may extend the provisions of this part to the scheduled areas and
tribal areas subject to such exceptions and modifications as it may specify.
