This act has added a new Part-IX to the
Constitution of India. It is entitled as ‘ThePanchayats’ and consists
of provisions from Articles 243 to 243 O. In addition, the act has also added a
new Eleventh Schedule
to the Constitution. This schedule contains 29 functional items of the
panchayats. It deals with Article 243-G.
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 act gives a constitutional status to the
panchayati raj institutions. It has brought them under the purview
of the justiciable part of the Constitution. In other words, the state
governments are under constitutional obligation to adopt
the new panchayati raj system in accordance with the provisions of
the act.
Consequently, neither the formation of panchayats nor the holding of elections
at regular intervals depend on the will of the state government any more.
The provisions of the act can be grouped into
two categories—compulsory and voluntary. The compulsory (mandatory or
obligatory) provisions of the act have to be included in the state laws
creating the new
panchayati raj system. The voluntary provisions, on the other hand, may be
included at the discretion
of the states. Thus the voluntary provisions of the act ensures the right of
the states to take local factors like geographical,
politico–administrative and others, into consideration while adopting
the new
panchayati raj system.
The act is a significant landmark in the
evolution of grassroot democratic institutions in the country. It
transfers the representative democracy into participatory democracy. It is a
revolutionary concept to build democracy at the grassroot
level in the country.
Articles Related to Panchayats at a Glance
|
Article No.
|
Subject-matter
|
|
243.
|
Definitions
|
|
243A.
|
Gram Sabha
|
|
243B.
|
Constitution of
panchayats
|
|
243C.
|
Composition of panchayats
|
|
243D.
|
Reservation of seats
|
|
243E.
|
Duration of panchayats, and so on
|
|
243F.
|
Disqualifications for
membership
|
|
243G.
|
Powers, authority and responsibilities of panchayats
|
|
243H.
|
Powers to impose taxes
by, and funds of, the panchayats
|
|
243-I.
|
Constitution of finance commission to review financial position
|
|
243J.
|
Audit of accounts of
panchayats
|
|
243K.
|
Elections to the panchayats
|
|
243L.
|
Application to union
territories
|
|
243M.
|
Part not to apply to certain areas
|
|
243N.
|
Continuance of existing
laws and panchayats
|
|
243-O.
|
Bar to interference by courts in electoral matters
|
Eleventh
Schedule contains the following 29
functional items placed within the purview of panchayats:
1.
Agriculture, including
agricultural extension
2.
Land improvement,
implementation of land reforms, land consolidation and soil conservation
3.
Minor irrigation, water
management and watershed development
4.
Animal husbandry,
dairying and poultry
5.
Fisheries
6.
Social forestry and
farm forestry
7.
Minor forest produce
8.
Small-scale industries,
including food processing industries
9.
Khadi, village and
cottage industries
10.
Rural housing
11.
Drinking water
12.
Fuel and fodder
13.
Roads, culverts,
bridges, ferries, waterways and other means of communication
14.
Rural electrification,
including distribution of electricity
15.
Non-conventional energy
sources
16.
Poverty alleviation
programme
17.
Education, including
primary and secondary schools
18.
Technical training and
vocational education
19.
Adult and non-formal
education
20.
Libraries
21.
Cultural activities
22.
Markets and fairs
23.
Health and sanitation
including hospitals, primary health centres and dispensaries
24.
Family welfare
25.
Women and child
development
26.
Social welfare,
including welfare of the handicapped and mentally retarded
27.
Welfare of the weaker
sections, and in particular, of the scheduled castes and the scheduled tribes
28.
Public distribution
system
29.
Maintenance of
community assets.
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