Panchayati Raj System
History of Panchayati Raj System
In 1952, there was established a Community
development programme.
But after five years in 1957, A committee is
formed and named as "Balwant Rai Mehta
Committee” .
This Committee reviewed Community
Development Programme and the result was
“Panchayati Raj System”.
Panchayati Raj System
Gram Panchayat: Village Level Panchayat Samiti: Block Level
Zila Parishad: District Level
Facts
Firstly Panchayati Raj System was established in
Nagaur district of Rajasthan in 1959.
In Constitution, it is named as “The Panchayat” .
Article 243 and it’s Sub-Parts describe about
Panchayati Raj System.
Balwant Rai Mehta Committee gave a Gold
surprise for Panchayati Structure.
Articles related to Panchayati Raj System
Article 243: There shall be a Panchayati Raj
System.
Article 243 B: There shall be a three tire
Panchayati Raj System in all States.
Article 243 C: Minimum age for election is 21
years old.
Article 243 D: 50% Reserved seats for Women.
Article 243 E: Office Term- 5 years
Article 243 F: Qualifications for Elections.
Article 243 G: Powers of Panchayat like Works
and schemes for villages, Social Justice etc.
Article 243 H: Financial Authorities like tax
collection, tolls and duties.
Article 243 I: It describes that Governor will take
a review every after five years of Panchayats in
financial aspects.
Article 243 J: It gives right to Panchayat that they
have to maintain and audit accounts in local
levels.
Article 243 K: Elections of Pachayat by State
election commission.
Article 243 L: Panchayats will apply in Union
Territories also.
Article 243 M: Panchayats will not apply in some
Valley Areas of J&K, Nagaland, Sikkim, Manipur,
Assam etc.
Provisions For Some States
SOME PROVISIONS FOR SOME STATES
Special provisions for Maharastra and Gujrat.
Special provisions for Nagaland
Special provisions for Assam and Manipur
Special provisions for Sikkim
Special provisions for Mijoram, Goa, Arunachal
Pradesh
Special provisions for Karnataka
Related articles in a frame
SPECIAL PROVISIONS FOR MAHARASTRA AND GUJRAT
Initially in the Part 21 of constitution, article 371-371J describes
special provisions for twelve states.
It includes Maharastra , Gujrat, Nagaland, Assam, Mijoram, Manipur,
Andhra Pradesh, Telangana, Mijoram, Arunachal Pradesh,
Karnataka and Goa.
The main motto of these special provisions is the safety of their
tribe’s fundamental rights, their security and some strict laws for
violent areas.
Article 371 ordered to President of India that he has to
give some special powers to Governers of Maharastra
and Gujrat.
Powers are as follows:
A special development board for Marathawada, some
other areas of Maharastra, Kaccha, some other areas
of Gujrat.
The annual report of development will be submitted to
State Legislature.
All educational facilities and micro enterprises training
have to be provide timely.
SPECIAL PROVISIONS FOR NAGALAND
Special provisions for Nagaland comes under Article 371 A.
To apply special provisions in Nagaland there is a major problem is
Nagas.
It will not completely apply over Nagaland until Nagas don’t stop
their Violence.
Nagaland’s Governer has the rights to do analysis of Financial
schemes for development of their areas. And he can pass it with the
help of central government.
There will be established an area council of 35 members for district
Twensaang. And all authorities related to Council will have Governor
like qualifications, salary, office term etc.
The elections for district Twensang will be conducted
indirectly basis.
Governor can make inner guideline rules for Twensang to
control the situation and after that it will be abolished by
default .
For Twensang, the last decision of Governor will be superior.
PROVISIONS FOR ASSAM AND MANIPUR
According to Indian constitution article 371 B has the special
provisions for Assam.
Governor can establish a council of State legislative assembly,s
tribe areas.
Factor:
Educational development
Business development
Society development
According to Indian constitution Article 371 C, President can
randomly select tribe people as a member of State
Legislature.
President can handover these controlling authorities to
Governor anytime.
Governor will send annual report of valley tribe to President.
Central government can guide to State Government
regarding valley areas.
SPECIAL PROVISIONS FOR ANDHRA PRADESH
AND TELANGANA
Article 371 D & E allows special provisions for these two states.
President can directly create employment opportunities for
civilians.
President has right to set a Special reservation for special area’s
civilians to government employment.
President can establish a separate team to resolve the complaint
against government officers.
This team will be out of the authorities of High court.
This team will only responsible towards Supreme Court of India.
Once if the team’s task has been accomplished,
President can remove this special structure.
Article 371E gives a right to President to establish a
Central University in Andhra Pradesh.
SPECIAL PROVISIONS FOR SIKKIM, MIJORAM,
GOA, AP, KARNATAKA
Article 371 F allows Sikkim have special provisions.
By 36th amendment Sikkim became a proper state of
India.
Minimum members in Legislative assembly will be 30.
Maximum seats will be filled by Sikkim area.
There shall be given a Loksabha seat to Sikkim and it will
be considered as a Parliamentary area.
There will be at least 40 members in Legislative assembly of
Mijoram.
There will be at least 30 members in Legislative assembly of
Andhra Pradesh.
There will be at least 30 members in Legislative assembly of
Goa.
In Karnataka, same development process will be decided
by President of India and he has to hand over same to
Governor of State.
RELATED ARTICLES
Article 371: Maharastra and Gujrat
Article 371A: Nagaland
Article 371B: Assam
Article 371C: Manipur
Article 371D,E: Andhra Pradesh and Telangana
Article 371F: Sikkim
Article 371G: Mijoram
Article 371H: Arunachal Pradesh
Article 371I: Goa
Article 371 J: Karnataka
Jammu & Kashmir
What is jammu & Kashmir
According to indian constitution article 1, J&K is a constitutional State.
J& K follows article 370 of Constitution part 21 as a Special State.
Indian Constitution ‘s all modules do not allow over J&K.
J&K got freedom on 15th August, 1947.
Initially Emperor Hari Singh decided that J&K will not merge in India or
Pakistan even it will be a free Country.
But in 20th October, 1947 Pakistan supported Kasmiri army attacked into
the outer of J&K.
Because of this Emperor Hari Singh decided to merge J&K with India.
Resultant, on 26th October 1947 there was a MOU signed between Pdt. Jawaharlal Nehru
and Emperor Hari Singh.
According to this MOU India will take over the charge in Defense, External affairs and
Communication.
According to J&K constitution, President is known as “Sadar-e-Riyasat” and
Chief Minister is known as “Vazeer-e-Azam.
Inner state rivers and vallies will not considered in Central government
space.
Panchayti rajya election will not applicable Straight for J&K.
In every meeting of legislature there will be all statements must be
translated in Urdu.
What Jammu & Kashmir allows
Finally after five year to make J&K special constitution said that J&K is an
unbreakable province of India.
J&K constitution allows Freedom, Justice, equality to their people.
According to J&K constitution, J&K covers all provinces which were under
the control of Emperor Hari Singh.
So the main thing is that it condemn POK is a part of J&K which comes
under India.
People who were living for 10 years before 14th May 1954 in j&k , only they
will consider as Citizen of there.
J&K constitution allows there shall be a Governer of J&k which will execute
with the advice of Indian President.
It allows Special powers to their Governer which is designated for 5years by
President of India.
J&K constitution declares Urdu as an official language.
Relation between J&K and india
According to Indian constitution Part 1 (Article 1) , the name and area of
Jammu and Kashmir can change with the permission of J&K legislature
only.
Indian Constitution part 6(State government) not applies over J&K. It has its
own rights.
Jammu and Kashmir legislature is superior for all executives in state accept
Terrorism activities, disrespect of National flag, National anthem, Indian
Constitution.
Any amendment in Constitution is not considered for J&K. It will we apply
with the help of Indian President and State Government only.
Language communication among central government, state government,
inner state government mutually handled.
If J&K people go to Pakistan, they will be considered as Indian Citizen.
What Jammu & Kashmir not allowed
Central government has the rights only for Defense, External affairs,
Communication.
Article 356 can not imposed over Jammu & Kashmir.
There will not any role of Indian election commission in J&K.
In the matter of external attack, the superior authority will be J&K legislature
to take any decision.
There is no any column for Civil services in J&K like IAS, IPS, IFS etc.
There is very little role of Parliament & President over J&K.
State cases like land disputes, rights disputes will not consider in High Court.
There shall not be any hearing in Supreme court related to any special case
of J&K.
J&K doesn’t allow any special reservation for SC, ST and OBC.
