1.

Details of Module and its Structure

Module Detail

Subject Name Political Science

Paper Name Public Policy, Governance and Indian Administration

Module Name/Title Local Administration: Rural Local Bodies and their officials

Module Id

Pre-requisites Rural area, urban area, local government.

Objectives To have overview of functioning of rural local bodies in India.

Keywords Gram Sabha, Gram Panchayat, Panchayat Samiti, Zila Parshad.

Structure of Module/Syllabus of a module

Local Administration: Meaning and Significance; Evolution of Local Administration;

Rural Local Bodies Gram Sabha; Gram Panchayat; Panchayat Samiti.
2. 2. Development Teams

Role Name Affiliation

Principal Investigator Prof. Ashutosh Kumar Department of Political

Science, Panjab University,
Chandigarh
Paper Coordinator Prof. Ramanjit Kaur Department of Public
Johal, Administration, Panjab
University, Chandigarh.

Centre for Law and

Prof. Amit Prakash Governance, SSS, Jawahar
Lal Nehru University, New
Delhi.
Content Writer/Author (CW) Prof. Swinder Singh Professor, Department of
Correspondence Studies,
Panjab University,
Chandigarh
Content Reviewer (CR) Dr. Vibha Sharma Associate Professor,
Department of Public
Administration, MCM
DAV College, Sector 36-A,
Chandigarh
Language Editor (LE)

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 LOCAL ADMINISTRATION: RURAL LOCAL BODIES

5.1 Objectives
5.2 Introduction
5.3 Local Government – Meaning and Significance
5.3.1 Elements of Local Government
5.3.2 Significance of Local Government
5.4 Evolution of Local Government - A Brief account
5.4.1 The Panchayat Tradition
5.4.2 Setting up of Panchayati Raj
5.4.3 The 73rd Constitutional Amendment Act
5.5 Gram Sabha
5.5.1 Meetings
5.5.2 Functions of Gram Sabha
5.5.3 Role of Gram Sabha
5.6 Gram Panchayat
5.6.1 Composition
5.6.2 Reservation of Seats
5.6.3 Term of Gram Panchayat
5.6.4 Role of Sarpanch
5.6.5 Functions of Gram Panchayat
5.6.6 Gram Panchayat Finances
5.6.7 Gram Panchayat Officials
5.7 Panchayat Samiti
5.7.1 Composition
5.7.2 Major Functions
5.7.3 Panchayat Samiti Officials
5.8 Zila Parishad
5.8.1 Composition
5.8.2 Chairman – Zila Parishad
5.8.3 Functions of Zila Parishad
5.8.4 Chief Executive Officer

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Objectives:

After going through the module you would be able to:

 Explain the concept of local government
 Trace the evolution and growth of Panchayati Raj Institutions
 Appreciate the significance of gram sabha
 List the basic provisions of 73rd Constitutional Amendment
 Elaborate the structure and functions of three tier Panchayati Raj setup

Summary

An enormous expansion of the functions of state and the fields of government activity has been
witnessed particularly during the last one hundred years. Even the nature of duties and functions
has also changed since independence. Nowadays the local authorities are becoming a part and
parcel of our government system. At the time of independence we had a well developed system of
urban local bodies but as far as rural areas were concerned there were only the village panchayats
who were working as per their traditions and were conditioned by their socio-economic and cultural
environment. Thus, local authorities today are required not only to attend to routine municipal
functions, but are fast assuming the role of local executive agencies for implementing national
programmes and realizing national objectives. In general a local government may be regarded as
the administration of a locality which involves the conception of territorial, non-sovereign
community possessing the legal right and the necessary organization to regulate its own affairs.

5.2 INTRODUCTION
In India, we have a long tradition of local administration in the shape of district
administration, municipal administration and panchayats system. In this module, we shall focus on
the significance of local government, a brief account of origin of rural local bodies, the legal and
constitutional framework of rural local bodies viz. Gram Sabha, Gram Panchyat, Panchayat Samiti
and Zila Parishad, their composition, functions and working.

In fact no government structure, whatever its character, can be complete without some form
of local institutions. The system of local government is found in every nation as a part of its
governmental or constitutional structure, irrespective of its dominant political philosophy or the form
of national government. Even in a highly centralised systems of government, there has to be some
measure of decentralisation through delegation or devolution for the simple reason that no central
government can have living contacts with the problems of local area and deal effectively with the
daily routine of local administration.1
5.3 Local Government: Meaning and Significance
Meaning & Definition: In simple words local government means, a set of government
institutions at local level, however, this is a very simplistic definition. In general a local government
may be regarded as the administration of a locality which involves the conception of territorial, non-
sovereign community possessing the legal right and the necessary organization to regulate its own

1
Parkash Gian, “Development of Social Government”, The Indian Journal of Public Administration, Vol. 9,
No.3, 1963, p. 201.

4
affairs. This in turn pre-supposes the existence of local authority with power to act interdependently
of external control as well as the participation of the local community in the administration of its
own affairs.2
According to another definition “Local government means authority to determine and
execute measures within a restricted area inside and smaller than the whole state. The variant self
government is important for its emphasis upon the freedom to decide and act.”3 To John Clarke,
“the local government appears to be that part of the government of a nation or state which deals
mainly with such matters as concern inhabitants of a particular district or place. 4 On the other hand
Goulding in simple words stresses that “local government is the management of own affairs by the
people of a locality”5 In the same vein, B.K. Gokhale while using the term “local self government”
calls it a government of a specified locality by the people through the representatives elected by
them.6
5.3.1 Elements of Local government:
In continuation with the above explanation of the concept of local government it would be
worthwhile to learn about the essential elements or attributes of a local government. For a system
of local self government generally five essential features are noted. 7 These are briefly elaborated
here:
1. Local Area: Every unit of local government in its geographical jurisdiction has a well
defined territory. Its boundaries are fixed by the state governments. Its activities are
confined to a locality, or territorially restricted area. It may be a city, a town, a village or a
group of villages or even a district. One significant principle guiding the area is that the
inhabitants of an area have a community of social and civic problems which require a
solution. To be more specific, it is concerned with the administration of services which are
mainly local, and the benefits of which are enjoyed by the inhabitants of the locality.
2. Local Inhabitants: The second essential component is the local people for whom a local
government institution discharges the functions relating to civic amenities, roads, health
and educational facilities, infrastructure and a number of services. In fact many a times
the local authority proves to be more important to the local inhabitants than the state or
central government.
3. Local Authority: Local government represents a particular set of local views, conditions,
needs and problems which are administered by a local authority – a Council or a Board. It
is elected by and responsible to the people of locality. The local authority is empowered to
raise the necessary revenue and administers the money for promoting social welfare.
4. Local Finances: As pointed out above every local authority needs funds to perform its
functions and provide the necessary services to the inhabitants of the locality. The local
government services are financed, wholly or largely, out of locally raised funds. The local
revenue is derived from local enterprises, local services or the wealth of local citizens
located within the limits of local bodies. The local government is clothed with authority to
levy and collect taxes.
5. Local Autonomy: An essential characteristic of local authority is some kind of autonomy
which coupled with democratic character, constitutes the real essence of a local
government. In fact, the scope of local functions has a direct bearing on the scope of local
autonomy. But to determine the extent of local autonomy seems to be a difficult exercise
because local jurisdiction varies from one pattern to another, one country to another, and

2
Robson, William A., Encyclopedia of Social Sciences, Vol. 9, The Macmillan Co., New York, p. 574.
3
Encyclopedia Britannica, Vol. 14, London, p. 261-62.
4
Clark, John J., The Local Government of United Kingdom, London, P.
5
Goulding, L., Local Government, London., p.19.
6
Gokhale, B.K., The Constitution of India, Sheth and Co., Bombay, 1972, pp. 1301-02.
7
Muttalib, M.A. and Akbar Ali Khan, The Theory of Local Government, Starling Publishers, 1982, p.1

5
 within the same country, from one local authority to another.8 For example, in India, in the
Panchayati Raj System, the higher levels enjoy more autonomy than the lower levels.
Similarly, bigger local authorities, like the municipal corporations, enjoy greater degree of
autonomy as against the municipalities. In a similar fashion, the urban bodies may be
more autonomous than the rural ones depending on their political maturity, financial
strength and the nature of problems they face.

Chunk Text Text for Voice Narration

Local Area
Local Inhabitants
Elements of Local Government Local Authority
Local Finances
Local Autonomy

It nutshell, the core of local autonomy comprises the following things.9

(i) The local government is a body corporate.
(ii) It has a legal personality of its own. That is, in the eyes of law, it has a free will and the
power of action of its own.
(iii) It has legal jurisdiction over its defined locality and people.
(iv) The inhabitants of a local area have a legal right to choose their government.
(v) The local government is bestowed by a law, a sort of immortality, a continuous life. The
people may come or go, population may increase or decrease, the form of government
and the extent of powers may be changed yet its legal entity will continue. Thus, its
perpetual succession will also continue indefinitely.
(vi) The elected element of a body enjoys supremacy over other elements of local
government.
(vii) The local affairs are regulated by bye-laws framed by the body.
(viii) The local government guides, supervises and controls local administration.
ix) It has been empowered to adopt its budget subject to law.

5.3.2 Significance of Local Government:

Local government plays a significant role in the life of a nation and its citizens. De
Tocqueville, a noted French writer opines that the local government institutions constitute the
strength of a free nation. Local government is also a way of reconciling people’s desire for self
management and the social need for public control.10 Thus, the purpose served by the local
government is valuable not only on account of the services it renders for the common welfare of
the community, but also on account of the opportunity it places before the citizens to have free,
intelligent and active participation in the government of their local area and thereby enhancing their
creative interest, enthusiasm and local patriotism.11
The significance of local government has also been highlighted by a number of Indian
authors, such as T. Appa Rao who writes that "The local government fulfils all the domestic needs
of a civilized community. It also creates among the citizens personal interest in their common
affairs and throws the field open for their constructive and creative activities. It also serves as an
expression of political consciousness and as a means of political education and renders the
citizens fit for their civic duties and responsibilities by enabling them to participate in public affairs.

8
Muttalib, Ibid., p. 235.
9
Muttalib, Ibid., p. 235.
10
Srivastva, Om Sri, Municipal Govt. and Administration, Chugh Publications, Allahabad, 1980, p. 12.
11
Ibid.

6
It also generates in people an aesthetic sense that makes them beautify and adorn the land they
inhabit. It provides the best opportunity to men and women to bring their local knowledge and
enthusiasm to bear on the solution of their own peculiar problems". 12
Jawahar Lal Nehru, while speaking of a motion of thanks to the President for his address,
underlined the need for the local government as it could develop in the people the spirit of self-
reliance and new thinking of the new ways and understanding of the world.13
The significance of local government may also be summarized in the following manner:14
a) It contributes to the strengthening of Democracy.
b) It contributes to educate the citizenry.
c) It acts as a nursery of democracy as it helps to train the budding leaders.
d) It helps to check the power of bureaucracy.
e) It provides daily essential services to the people.
f) Local government reduces the burden of higher levels of government.
g) Serves as ideal channel of communication between the government and people.
h) Encourages the participation of people and civil society in the governance.
i) It helps towards mobilization of local resources.
j) Plays effective role in integrated social, economic and cultural development.

Besides these, local self government serves as corrective measure for the ills of
representative democracy. At the same time it provides ground for experimentation in a number of
social and economic matters. It is due to the above merits that local government has assumed an
increasing importance in the political and administrative set up of both developed and developing
countries.
5.4 Evolution – A Brief Account
5.4.1. Panchayat Tradition:
India is said to be having the oldest tradition of self government in the villages. The roots of
self government can be traced to as far back as 3000 B.C. i.e. the period of Indus Valley
Civilization. During this period, basic civic services like maintenance of streets, providing street
lights, water supply, drainage, etc. were taken care of in a fashion of modern local self
governments. Reference to such a highly organized system of local government can also be found
in the Vedas, in the Epics of Ramayana and Mahabharata, in the Upanishads and in Kautilyas
‘Arthashastra’ village was the basic unit of local administration and gramine was the village
headman. During different empires of Ancient India (Mauryan, Gupta or Chola Empire) village was
the basic unit of administration.15
Under the Mughal empire the village panchayats were allowed to function independently for
their internal matters as in the ancient period. However, their judicial powers were curtailed by the
Mughals.
The tradition and system of village panchayats has always been glorious and attracted the
attention of a number of foreign visitors and writers. Sir Charles Metcalfe in an article about the life
in the ideal village refers them as the 'little republics'. He stated: "They seem to last where nothing
else lasted. Dynasty after dynasty tumbles down; revolution succeeds revolution; Hindu, Pathan,
Mughal, Maratha, Sikh, English, are all masters in turn; but the village communities remain the
same. In times of trouble they array and fortify themselves; a hostile army passes through the
country: the village communities collect their cattle within their walls, and let the enemy pass
unprovoked .This union of the village communities, each one forming a separate little state in itself,

12
Rao, T. Appa, “Municipality : Its significance” Civic Affairs, 1973, p.11
13
Government of India, Lok Sabha Debates, Fourth Session, Vol. 12, p. 1308.
14
Singh, Sahib and Swinder Singh, Local Government in India, New Academic, Jalandhar, 2004.
15
Havell, E.S., The History of Aryan Rule in India, London, 1918, p. 235. Quoted in R.L. Khanna, Panchayati
Raj in Punjab, p.10

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has contributed more than any other cause to the preservation of the people of India through all the
revolutions and changes which they have suffered; and is in a high degree conducive to their
happiness, and to the enjoyment of a great portion of freedom and independence."16
During the British period the Indian Statutory Commission observed, "Local self-
government in India in the sense of a representative organization, responsible to a body of
electors, enjoying wide powers of administration and taxation, and functioning both as a school for
training in responsibility and vital link in the chain of that make up the government of the country is
a British creation.”17
A number of British Viceroys Commissions and Committees passed resolutions about
decentralization and strengthening of local government in India. The prominent among these are:
Lord Mayo, Lord Ripon, Royal Commission on Decentralization and the Government of India Act of
1919 and of 1935. However, in most of the cases the emphasis was mainly on the urban local
bodies while the village panchayats were neglected.

5.4.2. Setting up of Panchayati Raj

During the early years of planning after the country’s independence efforts were made to
strengthen the system of panchayats in India. The first five year plan documents writes: “The
Panchayat as an institution has not yet become the instrument of village reconstruction and
development which it was intended to be…. .it is believed that it would be able to perform its civic
functions satisfactorily only if the panchayats are associated with an active process of
development in which the village panchayats itself is given an effective part.”18 Thus the First Plan
emphasized the importance of local self government bodies in every field of development.
Since more than 85 per cent population of the then India lived in the villages, their problem
had to be fought in the country side. As a result, the Community Development Programme was
launched in 1952 as the biggest rural reconstruction scheme. It was a movement designed to fight
against hunger, poverty, disease and ignorance through a self-help programme. The programme
was launched with American Aid through the Ford Foundation under the Indo-US Technical
Cooperation Agreement.
In 1953, the National Extension Service Programme was inaugurated to provide the basic
organization. Each block was put under the charge of a ‘generalist’ called the Block Development
Officer, who was to be assisted by a team of extension officers, garm-sevaks and gram sevikas.
The extension officers were to be the functional specialists handling development in the fields of
agriculture, animal husbandry, rural industries, social education, cooperation, public works and
the like.
The Community Development Programme was started with a lot of expectations but by the
end of the First Plan it was realized that it had failed to achieve any of its basic objectives. This
led the government to go in for some serious thinking to re-establish the interest of people. Taking
into consideration all these problems, the Planning Commission, therefore, requested the National
Development Council to get all this examined by some expert team.
Balwant Rai Mehta Committee
The Committee on Plan Projects was constituted which appointed a study team under the
chairmanship of Balwant Rai Mehta to examine and report on the Community Development
projects and national extension service with a view to ensure economy and efficiency and also to
examine the question to reorganization of district administration, so that the democratic bodies
could take over the entire general administration and development of the district or the sub-
division.

16
Tinker, Huge, The Foundations of Local Self-Government in India, Pakistan and Burma, Lalbani
Publishers, Bombay, 1967.
17
Report of the Indian Statutory Commission, Vol. I, London, Quoted in R.L. Khanna.
18
The First Five Year Plan, Government of India, New Delhi, 1951, pp. 133-135.

8
 The Balwant Rai Mehta Study Team submitted a quite comprehensive report running into
three volumes, in 1957. The major findings of the Committee were:
(i) The Community Development and National Extension Service programmes had failed to
evoke popular initiative;
(ii) Local bodies at the level higher than the Panchayat had evinced but little enthusiasm in the
Community Development Programme; and
(iii) Even the Panchayats had not come into the field of community development in any
significant way.

It recommended the introduction of the scheme of democratic decentralization with the

basic principles for acceptance by all states:
(i) There should be a three tier structure from the village to the district level, each tier linked to
the other.
(ii) There should be adequate transfer of power and responsibilities to these bodies.
(iii) Keeping in view the transfer of power and responsibilities, adequate resources should be
placed at their disposal.
(iv) All development programmes at each level should be entrusted to these bodies.
(v) The system ultimately evolved should be such that further devolution of powers will be
facilitated.

The major recommendations of the committee were accepted by the National Development
Council and the states were advised to follow the broad pattern, following which, several states
undertook legislation to decentralize some of their powers to the Panchayati Raj Institutions.
Rajasthan and Andhra Pradesh were the first states to implement the scheme followed by Punjab
and then a number of other states.

With some variations the three tier Panchayati Raj system was established in the early
sixties and there was a lot of enthusiasm among the people and the leaders. However, over the
years there was a decline of general interest in the Panchayati Raj system due to a number of
reasons, which got a big blow by the centralized system created through the national emergency
in 1975 by the then PM Mrs. Indira Gandhi.

After the change of power in 1977 a number of commissions and committees

recommended the revitalization of these grass root institutions. Prominent among these are the
Ashok Mehta Committee (1978), GVK Rao Committee (1984), L.M. Singhvi Committee (1986-87),
P.K. Thungon Committee (1988), Sarkaria Commission (1988). The government accepted the
recommendations of Singhvi Committee in 1989 and also of other committees for the revitalization
of the Panchayati Raj Institutions. A Constitutional Amendment Bill (64th) was prepared and
passed by the Lok Sabha but was not passed in the Rajya Sabha. However, after the conference
of Chief Ministers in June 1990, another Constitutional Amendment bill was prepared which was
eventually passed by the Parliament as the 73rd Amendment Act, 1992 and also the 74th
Amendment Act for Urban Local bodies. Both these Acts are a milestone in the history of
independence India. With the incorporation of wide ranging provisions dealing with the electoral
processes, finances, planning mechanism, these amendments aim at transforming the Panchayats
and Municipalities into strong and viable units of "Self-Government" and bringing them into the
mainstream of the country's socio-economic development. A brief resume of the main provisions of
the 73rd Constitutional Amendment Act are given as under:

(i) The Constitution has been annexed with 11th Schedule for Panchayats (Article 243G).
(ii) An Institution of Gram Sabha in each village has been envisaged in the Act, comprising all
eligible voters in the village.

9
 (iii) In all the states three tier system of Panchayati Raj has been recommended (except those
states whose population is less than 20 lakhs).
(iv) Direct election to all tiers of Panchayati Raj, i.e., Panchayats, Intermediate Panchayats
and District Panchayats has been proposed.
(v) State legislative has been authorised to provide representation of chairpersons at all the
three levels of Panchayats.
(vi) Reservation of seats for the Scheduled Castes and Scheduled Tribes has been provided
in proportion to their population at each level.
(vii) One-third seats of the total seats in the Panchayati Raj bodies have been reserved for
women and these seats are to rotate in different constituencies in a Panchayat. Similar
reservations have been made in respect of the office of chairman too.
(viii) All the directly elected members, chairpersons and MPs and MLAs, members of the
Panchayat have been given the right to vote in the meetings of Panchayats.
(ix) It is mandatory for all the States to hold elections every five years under the supervision,
direction and control of the State Election Commission.
(x) State Governments are to give grants to the Panchayati Raj bodies. These bodies have
been authorized to raise their resources by imposing taxes.
(xi) Every State is to set up Finance Commission every five years for reviewing the financial
position of Panchayats. The Commission is to recommend principles governing
distribution of taxes and grants-in-aid to Panchayati Raj bodies.
(xii) Panchayati Raj bodies have been empowered to prepare plans for economic
development, social justice and social welfare and subjects enumerated in the 11th
Schedule of the Constitution.

Following this the process legislations were amended/enacted by the states. All the states
set up their respective Finance Commissions and Election Commissions. A three-tier system with
direct elections and a gram sabha – has found a legitimate place in the Acts. Giving real strength
to these local bodies the Constitutional amendment provide for more powers and devolution of
financial resources.
We can now discuss the composition and function of all these rural local bodies.

5.5 GRAM SABHA

As noted above, Gram Sabha too has got a Constitutional status along with the three-tiers
of Panchayati Raj. A Gram Sabha is in the nature of the primary village assembly consisting of the
people themselves and not of their representatives. It provides the real foundation to the structure
of rural democracy. It is generally composed of all the people of a gram sabha area whose name
appear in the voter list. A Sabha area may be constituted of one or more revenue villages. This
means to say that one big village or two or more small villages may have a common gram sabha.
In Punjab the minimum size of population to establish a Gram Sabha is 200, in Haryana it is 500
and in H.P. it is 1000 whereas in some other states such as Karnataka, Assam, Bihar etc. it is
more than 5000.

5.5.1. Meetings:
A Gram Sabha is required to meet for a minimum of two to four times a year depending
upon the state Act. In Punjab and Haryana, it meets twice a year after the two main harvesting
seasons – Hari and Sawani (December and June). There is a provision of extraordinary meetings
too. Generally, it is the Sarpanch who fixes a meeting and he is responsible to call the minimum
number of meetings of gram sabha as required by law.

10
5.5.2 Functions of Gram Sabha: The primary function of a Gram Sabha is to elect its executive
Committee i.e., Gram Panchayat, It considers and approves the budget and development plans
prepared by the Gram Panchayat. The gram sabha may also perform functions like:
a) scrutinizing / assessing the performance of gram panchayat
(b) rendering assistance in the implementation of development schemes pertaining to the
village;
(c) identifying the beneficiaries for the implementation of the development schemes pertaining to
the village;
(d) mobilising voluntary labour and contributions in kind or cash or both for the community
welfare programmes;
(e) promoting programme of adult education and family welfare within the village;
(f) promoting unity and harmony among all sections of the society in the village;
(g) seeking clarifications from the Sarpanch and Panches of the Gram Panchayat about any
particular activity, scheme, income and expenditure;
(h) performing such other functions as may be prescribed.19

5.5.3 Role of Gram Sabha: As noted earlier the institution of gram sabha provides the foundation
to the grass root democracy. It provides an element of direct democracy where people are to be
involved in a true, live and working sense. It is an institution through which the concept of
participatory, democracy takes firm roots in the orbit of a small community, when face to face
relationship and direct communication with leadership and administration is established. Besides
participatory democracy, the working of the Gram Sabha facilitates in boosting up the popular
interest in political, civic and developmental affairs and furthers their enthusiasm in all village
affairs.20
It is because of such a significance of gram sabha that it has been accorded the
Constitutional status by the way of 73rd Constitutional Amendment Act. Infact, it was operational in
a number of states prior to the Constitutional amendment but in most of the cases its working was
not proper and it failed to evoke the popular interest. Also in a number of states, it was found that
the weaker sections and women had their own complaints of neglect. At many places they were
virtually out of Gram Sabha meetings thus forcing a blow to the spirit of democracy. All this has
been happening due to lack of legislative support, public apathy, absence of political will and
overall decline of the system of Panchayati Raj.
Over the years, there was a consistent demand for the revitalization of Panchayati Raj and
providing of legal base to the institution of Gram Sabha. With the latest amendments there is now
a better working of Panchayati Raj institutions and a definite mechanism of Gram Sabha.
Although the overall picture is not much encouraging and the results are not as per the
expectations of policy makers, still at number of places this institution has started making a
genuine impact. Due to active participation of people, panchayat members and Sarpanches and
also with the interventions of NGOs we can witness the genuine transformations. With an
increased awareness among people and the local leaders, we can expect this institution to become
a solid pillar of direct democracy.

5.6 GRAM PANCHAYAT

As noted earlier, India has the oldest tradition of Gram or village panchayats. We can find
reference to this institution of ‘little republics’ in the ancient writings. Now days, it constitutes the
lowest tier of three-tier PanchayatiRaj system. Demographically speaking, every small locality
possessing a few scattered hamlets, is described as a village. But all the villages have not been

19
The Punjab Panchayati Raj Act, 1994.
20
Singh, Sahib and Swinder Singh, [Link].

11
put into separate independent 'panchayats'. Only the large sized ones have been conferred the
status of separate 'panchayats' whereas the rest of them have been grouped together to form
composite panchayats. This indicates why the total number of panchayats in the country is
2,18,116, as against 6.4 lakh villages.
5.6.1 Composition: With variation in the size of a panchayat /sabha area the size or
composition of gram panchayats also varies. As the Punjab State has the lowest size of 200 for the
creation of a Panchayat, the number of its members too is the lowest i.e., 5 to 13. In Haryana it is 6
to 20. This membership varies with the size of a gram sabha thus it may range from 5 to 30 in
different states. Till recently the all India average of the size of gram panchayats was 15.21 The
election of the Panches is generally conducted on the basis of wards which provide a fair and
equal representation to every locality.
The members of a panchayat are called the panches. The presiding officer of the
panchayat wears a number of designations. In Andhra Pradesh, J & K, Madhya Pradesh,
Maharashtra, Orissa, Punjab, Rajasthan and Haryana, he is called the 'Sarpanch', and in Himachal
Pradesh and Uttar Pradesh, the 'Pradhan'. In Bihar and Orissa he is known as 'Mukhiya' and in
West Bengal, the ‘Adhyaksha'. The sarpanch occupies a place of cardinal importance in the socio-
political life of a village.
The Sarpanch may be elected directly or indirectly by the panches. The later one is
followed by most of the states. In some of the states there is a provision of the election of UP-
Sarpanch (Deputy Sarpanch) such as in Haryana and H.P.
5.6.2Reservation of Seats:
As per the Constitutional Amendment Act 1992, offices of panches are to be reserved for:
i. Scheduled Castes and Scheduled Tribes: in proportion of their population in the
panchayat area and one-third of these reserved seats are meant for SC/ST women.
ii. Women: Of the total seats, at least one-third are to be reserved for women,
including those of SC/ST women.
iii. Backward Classes: As per the Act, reservation can be made for backward classes.

In the light of this, almost all the state governments have made a provision for reservation. There is
also a system of reservation of seats for the office of Sarpanch for SC/ST and women.

[Link]: As per the constitutional provisions, a gram panchayat is elected for a uniform term
of five years in all the states. Earlier there were variations and the term varied from three to six
years.
[Link] and Functions of a Sarpanch:

The Sarpanch of a Gram Panchayat with some variations from state to state, is to:

(a) be responsible for convening the meetings of the Gram Sabha and preside over its meetings;
(b) be responsible for convening the meetings of the Gram Panchayat and preside over its
meetings;
(e) be responsible for the maintenance of the records of the Gram Panchayat;
(d) has the general responsibility for the financial and executive administration of the Gram
Panchayat;
(e) exercise administrative supervision and control over the work of the staff of the Gram
Panchayat and the officers and employees whose services may be placed at the disposal of
the Gram Panchayat by any other authority ;

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Relevant Panchayati Raj Acts of the States.

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(f) be responsible for the transaction of business connected with this Act or for the purpose of
making any order authorized thereby, exercise such powers, perform such functions and
discharge such duties as may be exercised, performed or discharged by the Gram Panchayat.
(g) exercise such other powers, perform such other duties as the Gram Panchayat may by general
or special resolution, direct or as the State Government may prescribe.

In most of the states there are provisions relating to suspension and removal of panches or
sarpanches, generally on the ground of misconduct, continuous failure to attend the meetings or
when the sarpanch fails to convene meetings without reasonable cause. There may also be
provisions of no confidence motion against the sarpanch.

[Link] of the Gram Panchayats:

The Balwant Rai Mehta Committee was of the opinion that all the functions concerning a village
within the jurisdiction of a village panchayat should be the responsibility of the village panchayat
except for the functions involving similar interests of more than one village panchayat. The
committee assigned some compulsory functions relating to civic amenities, administrative
functions, financial functions and welfare functions.
The pattern of allocation of functions followed by most of the states may be classified as:
[Link]. Civic Functions: Civic functions of a Gram Panchayat incude:
i. control of all the public streets, water-ways;
ii. construction of new bridges or culverts;
iii. diverting, discontinuing or closing of any public street, culvert or bridge;
iv. widening or otherwise improving any public street, culvert or bridge; deepen or
otherwise improve waterways;
v. cuting any hedge or branch of any tree projecting on a public street;
vi. prohibit bathing, washing of clothes and animals or doing of other acts likely to
pollute the course of water meant for drinking purposes.
vii. naming of streets and numbering of buildings.
viii. It is also responsible for sanitation; cleaning of public roads, drains, tanks and
wells, etc.; management of cattle ponds;
ix. prevention of fire or other similar calamities;
x. destruction of stray and mad dogs;
xi. lighting of village streets and so on.

[Link].Developmental and Economic Functions : With the launching of a number of

rural development programmes, the gram panchayats are associated with a number of
developmental functions such as : agriculture, irrigation, cooperation, animal husbandry,
industry, education and social education, health, rural housing, adult education etc.

The economic activities of a panchayat may be the maintenance of its property, which may
include the land given on rental basis or buildings etc. for the purpose of renting out for
marriages, etc. maintaining and running cattle breeding centres; organising and managing
of public markets, fairs and exhibitions; raising, preserving and improving village forests,
pastures and orchards; etc.
5.6.5.3Legislative Functions
Every gram panchayat is involved in a number of legislative functions which include
passing of resolutions and making bye-laws. It assures the implementation of resolutions
and may fix penalties for the violation of its bye-laws or resolutions.
5.6.5.4Judicial Functions

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 The panchayats in India also enjoy some judicial and quasi-judicial powers. A panchayat,
thus, acts as a small village court having the following civil revenue and petty criminal
jurisdiction in its respective area
[Link].1 The Civil Judicial Powers are vested in a panchayat relating to any of the suits
mentioned here: (a) suit for the recovery of movable property or the value of such
property; (b) suit for the money or goods due on contracts, or price thereof; (c)
suit for compensation for wrongfully taking or injuring movable property; and (d)
any other suit mentioned in the particular act.
[Link].2 The revenue judicial powers of a panchayat extends in revenue matters, such" as
recovery of dues etc.
[Link].3 The criminal jurisdiction of a panchayat is confined to the trials of offences
specified in the schedules attached to the respective Panchayat Acts. It may
include items out of Indian Penal Code 1860 or other Acts.

5.6.5.5Administrative Functions
A number of administrative functions in the list of functions of Panchayats include:.
[Link].1 prohibiting the use of water of a well, pond or other , excavation suspected to be
dangerous to the public health;
[Link].2. regulating or prohibiting the dyeing or tanning of skins within certain radius of the
residential area of a village;
[Link].3 regulation or prohibition of the excavation of earth or stone or other materials,
establishment of brick kilns and charcoal kilns, pottery-kilns, steeping of hemp or
any other plant within certain prescribed area of the village;
[Link].4 regulation of the slaughter of animals; prohibit beggary; regulate the flaying and
disposal of dead animals; regulate offensive and dangerous trade or practices,
and so on.
[Link].5 financial functions such as the preparation of budget, maintaining of the
accounts, levying of taxes, fees, fines etc.

5.6.6 Gram Panchayat Finances: In order to discharge its functions, a village panchayat needs
financial resources. The major sources of its income are: taxes; fees and fines; income from its
own sources, such as land and property; grants and contribution; and miscellaneous sources.

In the list of taxes the following are generally included:

 House tax / property tax
 Profession tax
 Vehicle tax
 Entertainment tax
 Pilgrim tax

5.6.7 Gram Panchayat Officials: In most of the states, Panchayat Secretary is the only official
working for a village panchayat who is not a full time official for a single panchayat. A panchayat
secretary is generally responsible to:
(i) maintain accurate and up to date entries in accounts record and other property of the Gram
Panchayat under the general supervision of the Sarpanch and to assist the Gram
Panchayat in the discharge of its duties and functions under this Act or under any other law
for the time being in force;
(i) assist in carrying out the resolutions of the Gram Panchayat;
(ii) perform such other duties as may be prescribed.

5.7 PANACHAYAT SAMITI

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 Panchayat Samiti is the intermediate tier in the three tiered Panchayati Raj set up. It exists
at the block level in most the states and at the ‘taluka’ level in some states (such as Maharashtra
and Gujarat) – a level between the block and district. Block is not a traditional institution and it was
created after the implementation of Community Development Programme and the National
Extension Service during the first five year plan. The nomenclature of the Panchayat Samiti too
varies, like that of Gram Panchayat. It is known as Anchalik Panchayat in Assam, Anchalik
Parishad in West Bengal, the Janpada Panchayat in Madhya Pradesh, Panchayat Union Council in
Tamil Nadu, Taluk Development Board in Karnataka, the Kshetra Samiti in Uttar Pradesh and
Panchayat samiti in Punjab, Haryana, Andhra Pradesh, Bihar, Orissa, Rajasthan.

5.7.1 Composition: The area of a block or the size of a Samiti area too varies from state to
state. However, it generally covers 70 to 100 villages. As far as its composition is concerned,
before the Constitutional Amendment Act it was constituted of indirectly elected and associate
members. After the amendment, like all other local bodies directly elected members must be
there as the basic members. The number of members of a Samiti may range from 10 to 70
depending upon the population in the block/taluka. Along with directly elected members,
representatives of Sarpanches of the gram panchayats falling in samiti area are included. MPs
and MLAs relating to the particular Panchayat Samiti area are also associated with it.
A system of Reservation of Seats has been provided for the Panchayat Samiti in the following
manner:
(a) The number of seats to be reserved for the Scheduled Castes bears nearly the same
proportion of the total number of seats to be filled by direct election as the population of the
SCs to the total population in Samiti area. Such seats may be allotted by rotation to
different constituencies in a Panchayat Samiti. Not less than 1/3 of the seats reserved are
for SC women.
(b) Not less than 1/3 of the total number of seatsto be filled by direct election have been
reserved for women including those for SC women. Such seats may be allotted by rotation
to different constituencies.

In some of the states, a few seats are also kept reserved for Backward Classes depending
upon their population in the area. A Panchayat Samiti meets at least once in month or in two
months depending upon the state [Link] its first meeting, every panchayat samiti elects its
Chairman and Vice-Chairman who are again known by different names in different states.

5.7.2. Major Functions of Panchayat Samiti: Unlike Gram Panchayat there are variations as far
as allotment of functions are concerned. The states following the Balwantrai Mehta pattern have
allotted important development and administrative functions to a Samiti while other states have
allotted the functions like supervision, coordination or agency type. The developmental functions
include functions relating to agriculture, animal husbandry, cooperation, health and sanitation,
education, roads and communication and so on. It performs these and other functions relating to
rural development including the implementation of rural development programmes. A Panchayat
Samiti also performs routine administrative, financial and legislative functions.

5.7.3The Officials: Among the personnel associated with the samiti are Block Development
Officer, a team of extension officers and other staff. A discussion on these officials and their role
has been carried out in a separate module.

5.8 ZILA PARISHAD

Zila Parishad constitutes the apex of the Panchayati Raj structure. As the name indicates,
the Zila Parishad is a body set up at the district level. At the time of 73rd Constitution Amendment
Act, it existed in all the states except Assam and Tamil Nadu. However, states like Haryana, M.P.

15
and Orissa abolished the institution of Zila Parishads. The latest Constitution Amendment Act,
however, provides for uniformity concerning the composition and powers of Zila Parishad. At
present there are over six hundred Zila Parishads in the country. The pattern of membership of the
Zila Parishad also varies from state to state. There are three types of Zila Parishads which are: (i)
purely advisory and coordinating, (ii) fully empowered district self-governing body with the
panchayat samiti as agent, and (iii) mid-way between the two with some exclusive functions and
own finances in addition to its coordinating and advisory body.
It is called Zila Parishad in Punjab, Andhra Pradesh, Gujarat, Maharashtra, Rajasthan,
Bihar, H.P., Arunachal Pradesh and West Bengal. It is called District Panchayat in Tamil Nadu,
Gujarat and Kerala, Mokhma Parishad in Assam, Zila Panchayat in Karnataka, Goa and U.P.
5.8.1 Composition of Zila Parishad
Since the Zila parishad is at the district level, its composition is generally designed in a way
which ensures its linkage with the lower levels and also with the state government and the
Parliament. Broadly, its members belong to the following categories:
a) Directly elected members: Their number varies among different states and may range from
10-50 which generally depends upon the population.
b) Representatives of Panchayat Samiti: Generally all or some of the Panchayat Samiti
Chairman of the district are included in the Zila Parishad.
c) Associate Members (MLAs, MPs belonging to the area)
d) Members representing other Institutions: A number of state legislations provide for the
inclusion of members or Chairman of prominent educational institutions, market boards,
and cooperative unions etc as the nominated members to the Zila Parishad.
Reservation of Seats:
Reservation of seats for women, SC/ST and BC is on the pattern of that for a Panchayat
Samiti. The term of a Zila Parishad too is five years.

5.8.2 Chairman – Zila Parishad: The Chairman of a Zila Parishad who may be called Pramuki,
President or Chairman is generally elected by the members of Zila Parishad. He enjoys vast
powers and dignified position in the district. He has powers to:
(a) convene, preside over and conduct meetings of the Zila Parishad ;
(b) perform all the duties imposed and exercise all the powers conferred on the Chairman
under this Act and rules made there under;
(c) exercise administrative supervision and control over the Chief Executive Officer and
through him, all officers and other employees of the Zila Parishad and the officers and
employees whose services may be placed at the disposal of the Zila Parishad by the State
Government;
(d) exercise such other powers, perform such other functions and discharge such other duties
as the Zila Parishad may direct or as the State Government may by rules made in this
behalf, prescribe;
(e) exercise all supervision over the financial and executive administration of the Zila Parish ad
and place before the Zila Parishad all questions connected therewith which shall appear to
him to require its orders and for this purpose may call for records of the Zila Parishad ; and
(f) have power to accord sanction up to a sum of rupees in a year for the purpose of providing
immediate relief to those who are affected by natural calamities in the district.

5.8.3 Functions of Zila Parishad: Before the constitutional amendment, there were two broad
patterns regarding the functions of Zila Parishad. First was on the basis of Mehta Model i.e. the
assign only the supervisory and coordinating role of Zila Parishad. The second pattern which was
adopted mainly by Maharashtra and Gujarat was to make the Zila Parishad as the all important tier
for the development and was assigned a large number of administrative, developmental and
financial functions. After the 73rd Amendment with the inclusion of directly elected members and

16
assigning of better powers and resources to all the three tiers, the above discussed distinction is
now not that wide and the Zila Parishads in almost all the states have been assigned a number of
developmental functions too. These relate to agriculture, irrigation, animal husbandry, horticulture,
rural industries, roads and communication, rural electrification, social forestry, fisheries, health and
hygiene, education, poverty alienation and so on. Other category of functions assigned to a Zila
Parishad includes:
 Supervision over panchayat samities
 Coordinating of panchayat samities and other bodies
 Advisory functions
 Executive functions
 Financial functions
 Legislative functions and
 Miscellaneous functions
Functions not to be given in detail?

5.8.4 Chief Executive Officer – Zila Parishad

Every Zila Parishad is supported by a team of officials which is headed by an executive
officer or Chief Executive Officer or secretary, Zila Parishad. He is generally responsible to:

(a) carry out the policies and directions of the Zila Parishad and take necessary measures for
the speedy execution of all works and developmental schemes of the Zila Parishad;
(b) discharge the duties imposed upon him by or under this Act or the rules and regulations
made there under;
(c) control the officers and employees of the Zila Parishad subject to the general
superintendence and control of the Chairman and subject to such rules as may be
prescribed;
(d) have custody of all the papers and documents relating to the Zila Parishad ; and
(e) draw and disburse money out of the Zila Parishad Fund and exercise such other powers
and perform such other functions as may be delegated to him by the Zila Parishad or by its
Chairman.

The Chief Executive Officer attends every meetings of the Zila Parishad and may take part in the
discussion but without the right to move any resolution or to vote and if in the opinion of the
Executive Officer any proposal before the Zila Parishad is in violation of or inconsistent with the
provisions of this Act or any other law or the rules or orders made there under, it is to be his duty
to bring the same to the notice of the Zila Parishad.
The executive officer enjoys other powers too as assigned by the state legislation. He may
be assisted by a Deputy Executive Officer and a team of other officers relating to different
departments.

Summary: Working of Rural Local Bodies

At the time of independence we had a well developed system of urban local bodies but as
far as rural areas are concerned there were only the village panchayats who were working as per
their traditions and were conditioned by their socio-economic and cultural environment. At the time
of framing of the Constitution Gandhi sought to recapture the ideal in the revitalization of village
life. He wanted Panchayats to be made responsible for the total development of the village. But
for many like Dr. B.R. Ambedkar, village communities had survived “surely on a low, on a selfish
level….. I hold that these village republics have been the ruination of India. I am, therefore,
surprised that those who condemn provincialism and communalism should forward as champions
of the village. What is the village but a sink of localism, a den of ignorance, narrow-mindedness
and communalism? I am glad that the draft constitution has discarded the village adopted the

17
individual as its unit”. The Constituent Assembly did not accept the Gandhian proposal and
stressed that stability, unity and economic progress demanded a more centralized government.
It was the failure of Community Development Programme which led the Policy makers to
accept the recommendations of Balwantrai Mehta Committee to adopt a three tier panchayati raj
system. The panchayati raj system which started with a lot of enthusiasm and fanfare lost its
sheen within a decade and entered a phase of decline. Its working of over the decades has
brought forward the fact that the state governments political leaders as well as bureaucracy was
not interested to handover the genuine powers to the people. These bodies struggled to exist with
limited powers and paucity of resources. People in general too lost in the system. There was a
definite need for its constitutional status.
The efforts for the revival of local bodies led to the passage of constitutional Amendment
Acts. With the passage of 73rd Amendment Act the Panchayati Raj intuitions got the much needed
constitutional status. Along with this there were the important provisions too for making these
bodies more broad based through a definite system of reservation for SC/ST and women. For the
regular elections, the State Elections Commissions and for better resources the state finance
commissions have been set up.
After getting the constitutional status the Panchayati Raj institutions are working with strong
legislative base. There is now a better participation by the various sections of societies by the way
of reservation. There are regular elections and regular meetings of these bodies. Gram Sabha too
has got the Constitutional status thus providing a real strength to the grass root democracy.
However, even after two decades of getting the constitutional status the working of panchayati raj
institutions is not as per the expectations in most of the places. There is still a need to provide
genuine strength to these institutions by evoking a general popular interest with a support from
political leadership and the bureaucratic set up.

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