27 Functioning of Local Panchayats

Ms. Madhusmita Mohanty

Contents:

1. Introduction
2. Panchayats – A Historical Perspective
3. Objective of Panchayati Raj
4. Structure and Functions of Panchayats
5. Functioning of Panchayats; Current Scenario
6. Women in Local Panchayats
7. Anthropological Perspective of Panchayati Raj System Summary

Learning Outcomes:

After reading this module you should be able to comprehend:

•  meaning & historical background of Panchayats;
•  objective, structure and functions of Panchayats in India;
•  present scenario and role of women in Panchayats; and
•  anthropological perspective of Panchayat Raj Institutions.

1. Introduction

‘Panchayat’ literally means assembly (ayat) of five (panch) wise and respected elders chosen and accepted by the village (local) community. It is derived from the Sanskrit word ‘Panchen’ meaning five members or ‘Panchas’ and ‘Ayatanam’ meaning place or office. These five members are sacred in Indian mythology as they are considered as the five representatives of Gods, who are called “Panchayatani” in Sanskrit i.e., Ganapati, Vishnu, Sankar, Devi and Surya. These five Gods together constitute the supreme power. Thus, the Panch constitutes the “Parameshwar” the great God of Justice (Dey, 1962. p.5) who is infallible. In other words, Panchayat is a village council and/or a local-self government system, acting as an instrument of socio-economic transformation in rural India. The present module illustrates the history of panchayats. It would also emphasize on the objective, structure and functioning of panchayat system in India. The role of women in PRIs is also a part of this module. Most importantly, it will also take into account the present scenario of the functioning of panchayats in India and a few anthropological studies of Panchayati raj Institutions.

2. Panchayats – A Historical Perspective

Panchayats had existed in India from the earliest times of vedic period which dates back to approximately 1200 B.C. They continued to exist even during the medieval, Mughal and British periods. However, Mahatma Gandhi’s vision of “village self-governance” (Gram Swaraj) and a decentralised form of government has much influence in the development of Panchayats in India. Taking forward the idea of Mahatma Gandhi, way back in 1958, Pandit Jawaharlal Nehru gave recognition to the system. After independence, Panchayats were included in the Article 40 of the Indian Constitution which reads,” The states shall take steps to organize village Panchayat and endow them with such power and authority as may be necessary to enable them to function as units of self-government”. Thereafter, many committees including the committee headed by Balvant Ray Mehta in 1957, Ashoka Mehta in 1978, G V K Rao, L M Singhvi in 1986 observed the absence of local self governance and need of strengthening it further. Hence in 1992, 73rd & 74th Amendment Acts of the Indian Constitution were amended to revive the Panchayati Raj Institution. The 73rd and 74th Constitution Amendment Acts (1992) in India is as below:

• Panchayats and Municipalities will be “institutions of self-government”.
• Basic Units of Democratic System-Gram Sabhas (villages) and Ward Committees (Muncipalities) comprising all the adult members registered as voters.
• Three-tier system of panchayats at village intermediate block/taluk/mandal and district levels. Smaller states with population below 2 million will have only two tiers.

The salient features of the Acts are:

•  Seats at all levels filled by direct election
•  Seats reserved for Scheduled Castes (SCs) and Scheduled Tribes (STs)
•  Chairpersons of the Panchayats at all levels also shall be reserved for SCs and STs in proportion to their population.
•  One-third of the total number of seats reserved for women. One-third of the seats reserved for SCs and STs also reserved for women. One-third offices of chairpersons at all levels reserved for women.
•  Uniform five year term and elections to constitute new bodies that are to be completed before the expiry of the term. In the event of dissolution, elections to be held compulsorily within six months.

3. Objective of Panchayati Raj

The major objective behind establishing the Panchayat system is to take democracy to the village level, by delegating powers to the people at the grass roots level. Members of a Panchayat are more familiar of the region-specific problems, and thus they are capable of taking a more informed decision in favour of the people of their village or tehsil. Moreover, it develops a cordial relation between the panchayat members and the villagers which acts as a medium of putting forth their views and opinion with confidence and seeks solutions.. Panchayats have a high-degree of accountability before the people and the common people have become more conscious of their rights. The Panchayat also works towards the socio-economic welfare and development of the area taking into consideration the needs of the people.

4. Structure and Functions of the Panchayat

Previously, Panchayats used to settle disputes between individuals and village. But, now Panchayats also address key issues of welfare and overall reconstruction, development and maintenance of the assets & resources of the villages. Indian government has decentralised several administrative functions to the village level, empowering elected Panchayats at three levels or tiers. The three-tier Panchayat system as below:

• Gram Panchayat at village level,
• Panchayat Samiti at block level, and
• Zila Parishad at district level.

Gram Panchayat or Village Panchayat, is considered as the primary unit of Panchayati Raj Institutions, which operates at the village level. A gram panchayat is constituted for a population between 3000 and 5000 covering a group of villages. The elected head of a gram panchayat is known as ‘Sarpanch’ or ‘Pradhan’. The main function of the gram panchayat is to promote economic and social welfare, education and health in the gram panchayat. It is the responsibility of a Sarpanch to take stock of the infrastructural development of the region, tax collection, and public health and hygiene. The head of the Gram Panchayat regularly convenes meetings on various issues.

Block Panchayat or the Panchayat Samiti is a form of the Panchayati Raj that works for the villages of the tehsil that are called a Development Block. Panchayat Samiti is composed of ex-MPs and MLAs of the area, and other elected members. The official members are the Block Development Officer and the Officers of various State Government Departments at the Block level. The main functions of the Panchayat Samitis are planning, execution and supervision of all developmental programmes in the Block. Block panchayats are empowered to supervise the activities of gram panchayats in their jurisdiction. Block Panchayat takes care of important departments such as Finance, Public work, Health, Education, and IT. Each department is headed by an individual officer who is accountable before the Block Development Officer (BDO). The panchayat is elected for five years. While the members of the Panchayats are elected directly by the people, the Panchayat Samiti members are elected by the Panchayats.

District Panchayat or the Zila Parishad. Each district has a district panchayat consisting of members of parliament and the legislature from within the district, the members of block panchayats in the district and elected members in accordance with the scale of one member for 40,000 of the population. Zila Parishad has an IAS officer as the administrative head. The members of Zila Parishad mainly comprise of MPs elected from that particular district. The various rural development works carried at the villages, gram panchayats, blocks and district levels are planned, implemented, monitored and maintained by the Zila Parishad. Zila Parishad supervises the works of Panchayat Samiti as well as Gram Panchayats within its jurisdiction. Its focus remains on Education, Health, and Agricultural segments. Besides, Zila Parishad is also entrusted with the duty of inspiring entrepreneurial spirit and implementing employment schemes. The major chunk of their revenue comes in the form of grants from the State Government panchayat, along with the earnings from taxes on water, tourism and markets.

Gram Sabha is a statutory body of gram panchayat. The gram sabha is the most powerful foundation of decentralized governance by ensuring elected representatives. It is obligatory on the part of the gram panchayat to convene gram sabha meeting at least once in six months. All the adults who are in the voters list of the village are the members of the gram sabha. The gram sabha is directly and regularly accountable to the people. The quorum for a Gram Sabha meeting is one tenth and it is essential to have one-third of the quorum as women members. The Gram Sabha works as a supervisory body, and audit and regulate the functioning of Gram Panchayats. The recommendations made in the Gram Sabha are binding on the Gram Panchayat. The Gram Sabha can approve as well as audit expenditure up to a limit (3 lacs). The Gram Sabha has the right to recall the Sarpanch or Pradhan after two and a half years of commencement of his/her tenure. The key responsibilities of the Gram Sabha are micro-planning, social audit of Panchayat functioning, ratification of Panchayat accounts, balance sheets, identification and approval of beneficiaries, and supervisory and regulatory functions.

The functions of the Panchayats apart from the usual functions of organizing cultural activities, markets and fairs, sanitation, women and child development, welfare of SC, ST and physically handicapped, etc. are in the sectors of Agriculture, Animal Husbandry Dairying and Poultry, Fisheries, Social and Farm Forestry, Minor Forest Produce Fuel and Fodder, Khadi, Village and Cottage Industries, Rural Housing, Drinking Water, Roads, Buildings, Culverts, Bridges, Ferries, Waterways and other means of communication, Rural Electrification, Non-Conventional Energy Source, Poverty Alleviation Programmes, Education Including Primary Schools, Adult and Formal Education and Libraries.

5. Functioning Of Panchayats; Current Scenario

Certainly, development of villages depends heavily on Panchayati Raj Institutions and their effective functioning and that can be achieved through participation of the different stakeholders at different stages of development process. However, various studies have shown that panchayats are running inefficiently and there is total lack of people’s participation. In the absence of measures to strengthen public systems at the local level, panchayats are facing problems in promoting development due to existing malaise of bureaucracy and politics which hinders effective implementation of programmes. Several initiatives including reservation for women, conducting social audit, micro-planning at grassroots level, etc have been taken to strengthen the Panchayati Raj Institutions by the state and central government as well. But still many of these initiatives have not been implemented in true letter and spirit.

The section elucidates the current status of functions transferred to PRIs in the wake of 73rd Amendment, to examine whether the resources transferred to them are adequate to perform these functions and fulfill their responsibilities and to suggest ways of improving their financial health.

One of the major constraints of proper functioning of local panchayats in India is Finance. This greatly affects the decentralization of functions to the Panchayats. Increasing functions means increasing need for resource. But the record on transfer of funds to panchayats for the subjects devolved upon them is not encouraging. Many of the powers given to local bodies are delegated powers and most state governments have retained substantial financial and administrative power which suppresses the autonomy of PRIs (GOI 2001 and Vyasulu 2000). Major areas of rural development expenditure and funds associated with them are kept out of the purview of the locally elected bodies (McCarten and Vyasulu 2003). The local government should have the freedom of selecting and implementing their own programmes for which they should have the freedom to raise funds independently. To improve the financial position of PRIs, McCarten and Vyasulu (2003) suggest enlarging the share of untied grants in transfers, adopting an equalization formula for allocation of grants; increasing own and assigned sources of tax revenue and offering matching grants to induce own tax effort. They also suggest transferring a fixed percentage of all state taxes to provide stability to local governments and flexibility to state governments. It is also necessary that transfer allocations are available to local government on a timely basis.

Successful implementation of rural programmes depends also on an effective delivery and monitoring system. Therefore, it also needs to be strengthened. Inadequacy of staff has also affected the functioning of the PRIs. Staff costs can be reduced by attrition, maintaining core professional staff and drawing local expertise (Bird and Rodriguez 1995). Moreover, it is also observed that the panchayat elections are not being regularly held in various states. Although every state has implemented mandatory reservation criteria of women but the problem has been observed as Husband (Pati-Pradhan) Representation of women panchayat representative. It negates overall process of women empowerment.

In India, there are many best performing panchayats in various states who have been recognized for their positive endeavour such as solar power plants and lights, rain water harvesting, tribal rehabilitation, etc in Tamil Nadu and Kerala. Therefore, there is urgent need to remove the legislative and procedural problems that constrain the Gram Sabha, greater devolution of funds, functions and functionaries, proper mechanisms of audit and accountability and strengthening the participation of women for improving governance and functioning of panchayats. Indeed, measures are needed whereby the poor can participate more effectively through PRIs and local informal groups and people’s movements.

6. Women in Local Panchayats

Women’s Participation in political field has gone up sharply in past decades. Mandating one-third reservation for women in membership as well in the position of chairpersons of panchayats at all three levels has given an opportunity for women to take the position of leadership. Today, rural women are able to participate in the decision making process. The emergence of these institutions has brought governance closer to the people.

Earlier, participation of women in Panchayati Raj Institutions was a matter of concern in terms of the substance and effectiveness of representation. Local committees insufficiently represented women. Women were rarely heads of Panchayats. Thus, the 73rd Constitution Amendment Act in India has been passed to assure women’s representation in Indian Panchayati Raj System. However, women members of Panchayats needed to be educated and informed about politics: their rights, the nature of Indian democracy, policies and programmes for women and the underprivileged and voting rights. In a study by the Centre for Women’s Development Studies 1999, it was revealed that 95% of women surveyed believed that they would not have been elected had it not been for the reservation. Chandrashekar & Kadam (2012) observed that though panchayat raj institutions in areas of Shivamogga, Karnataka comprised of young and educated women but they are dependent to a large extent on the support of their husbands and other family members. They mainly took the decision to contest and campaign and majority of the women’s husband attend the meetings and take overall decision. Thus, only representation of women does not mean women empowerment. They must get greater social and political exposure so that they can be dynamic in active politics. Proper educational facilities and other skill development is also another requisite. There should be thorough transformation in attitude and mindset. It is only then the process of women empowerment through political representation becomes meaningful and realistic.

7. Anthropological Perspective of Panchayati Raj System

There is a plethora of anthropological studies on the different aspects of Panchayat Raj institutions, structures and functioning. While some scholars have studied the concept and history of Panchayat system, others have focused on the structure and functioning of the Panchayats. Many have also studied the role of women in Panchayats. Some of the works of eminent scholars and authors are discussed in this section.

Structure and Function of Panchayats: The studies on the structure and function of Panchayat system are manifold. Khanna (1966) studied the structure, functions, finances, and the working of Panchayat Raj in Punjab and Haryana. Maheshwari (1971) describes the structure, personnel, finance and functioning of rural as well as urban local government. This also encompasses the criticisms of functioning of local panchayats as well as gram sabhas. It is a known fact that though the system has been strengthened, but still there is something which needs to be fixed. Effective monitoring system, accountability, funds flow, skilled manpower, people’s participation and awareness are some of the factors which greatly affect the functioning of the Local Self Government. Just like Hebbar (1991), who has found that the Gramasabhas are not held properly and the attendance in most of the Gramasabhas is very poor. Ray (1994) has also made an attempt to analyze the role of local institutions in mobilizing the rural poor for development and change through implementation of various anti-poverty programmes. Bhargava and Venkatakrishnan (1993) have studied on the effective participation of the people in their local affairs.

Democratic Decentralization: Brajesh Pati Tripathi and Pravin Kumar (1993) have stressed that democracy is never complete unless there is, at every level, active involvement and participation of the people. Similarly, Mahipal (1993) has attempted to evaluate the Panchayati Raj Institutions in the State of Haryana for reasons of better performance in agricultural activities. In this, he has given considerable attention to decentralized planning and people’s participation in the planning process. Moreover, Mathaiyan (2011) has stated that though the need of decentralized governance in the state have now begun to develop, but the present pattern and process of governance in the state is still at crossroads and has a long way to go before it attains maturity. Likewise, M. Devendra Babu (1991) has analyzed the functions of the panchayats and reported that the panchayats have an edge over bureaucratic decision-making and implementation of the rural development programmes.Singh and Yadav (2010) have suggested that the right to information should be used extensively to bring transparency in PRIs and to break the nexus between the politicians and bureaucrats.

PRI and Development Programmes: Panchayati Raj Institutions are the grass-root institutions for rural & community development. L.M. Singhvi (1987) has emphasized that the Panchayati Raj Institutions should be closely involved in planning and implementation of rural development programmes, at the lower levels. Well Haorei (2011) studied on the Grama Panchayats. He pointed out that “Gram panchayats are now more concerned with taking up rural employment programmes. However, there was less support that the scheme has also promoted more people’s participation in the functioning of the local governing body and gram sabha meetings are more meaningful than before”.

Women’s Role in PRI: As an anthropologist, it is important to focus on gender equality and the role and status of women in all fields. Earlier, the role of women in Panchayati Raj was in a state of vacuum and the women were not adequately empowered to play an effective role because of social, economic and political factors. However, due to reservation, the trend has been changed. Now, women are being recognized in the political sphere of India. Shah (1989) has discussed about reservation for women, and especially for women belonging to Scheduled Caste and scheduled tribes on Panchayati Raj bodies. Palanthurai (2001), in his study of Tamil Nadu observed that women have occupied positions in the local bodies as provisions have been made in the Constitution. The outlook of the society towards women has started changing. Nevertheless, the ground situation is somewhat different. Though, there has been reservation for women in panchayat, but that does not imply their political empowerment. In some states and villages, now also they are subordinated and dominated by their counterparts in decision making, participating in development programmes, attending meetings, etc. Kaushik and Shaktawat (2010) have found that the Indian society, especially the rural society has a clear bias against women. Women are subordinated in family which in turn extends their subordination in the wider society, economy and polity.

Summary

Today, Panchayati Raj System has attained a universal position. The Constitution of India visualizes Panchayats as institutions of Self-Governance. The main objective behind the Panchayati Raj is that the people in the village should undertake the responsibilities of governing themselves. Pioneer rural sociologist A.R. Desai spelled the objectives of PR system as follows: ‘Panchayati Raj is claimed as a real democratic political apparatus which would bring the masses into active political control from below, from the vast majority of the weaker, poor sections of rural India.’ The whole idea of this scheme is based on the dictum that ‘rural development is for the rural people, of the rural people, and by the rural people themselves’. This scheme of rural development confers on the rural people the power of decision-making regarding developmental activities. This is democracy at the grassroots i.e ‘decentralize democracy’. Panchayats has got a very important role to play in the social, economic and cultural life of the village community of India. However, the competitive elections have politicized the environment of all villages. As a result, the powers and functions vested to panchayats vary from state to state which greatly affects the functioning and delivery of services to the villlagers. But, this does not in any way undermine the importance of panchayats. In a vast country like India, panchayat truly constitutes an important basis of governance.