Although the importance of the Panchayat Raj system had been

realized and recognized since the ancient times for its basic virtue of

decentralization of powers in the interest of efficient administration, yet it was

not codified until the British started ruling India. The initial experiments were

ad hoc in nature and not comprehensively worked out with due attention to

the principles of decentralization.

History

The institutional history of local self-government dates back to the

famous resolution by Lord Ripon in 1882. Ripon’s resolution of 1882 can be

treated as the ‘Magna Carta’ of the British Empire. Local boards were

established in rural areas. The chairman of the local board was elected by the

members themselves. Tehsil was placed under the local board. But, there

was absence of well-defined spheres of action at different planning levels.

Moreover, there was lack of proper and effective functional arrangements to

make decentralization operational.

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 Local self-government laws were passed in many provinces, but it was

not clear how much of the proposed decentralized system of planning and

governance should be embodied in the legislation. Administrative procedures

were used more than legal procedures. A lot depended on political necessity

and the will of the state regarding the degree of decentralization. But, there is

no doubt that the legislative enactments helped institutionalize

decentralization.

In 1908, a Royal Commission studied why decentralization had not

been a success in various provinces. It was of the opinion that it was

desirable in the interest of decentralization to associate people with the local

tasks of administration. It studied the working of the local and district boards

in various provinces of the country and came to the conclusion that the

unrepresentative character and inadequate powers of these bodies had made

them a failure. It suggested that attempts should be made to constitute and

develop Village Panchayats for the administration of local village affairs. The

Commission recommended a genuine electorate consisting of members of

the Panchayats, due representation of minorities by nomination and elected

majority on all the boards. However, most of the recommendations remained

on paper.1

The Government of India Resolution of 1915 incorporated the

recommendations of the Royal Commission, except the reform of the board’s

electorate. The Government of India Resolution of 1918 accepted fully and

frankly the principle of substantial elective majorities on all the boards. The

elective principle was to be reinforced by the democratization of the local

electorate. The representation of minorities was to be secured by retaining

94
the practice of nomination rather than by introducing some system of

communal or proportional representation.

The Montague-Chelmsford Report, 1918 recommended changes in

local bodies to make them broad-based. They were embodied in the

Government of India Act, according to which the local administration became

a transferred subject under the control of popular governments. Every

province was given the freedom to develop local bodies as per its

requirements. The list of the local taxes and the provincial taxes was

separated.

Thus, we find that a systematic effort was made during the British rule

to build and strengthen the institutions of self-government. But, they were

designed to suit the colonial masters. In spite of these efforts, the institutions

did not emerge as true centres of power and suffered from a number of

weaknesses.2

Village Panchayat Acts in Various States

Many native states and eight provinces of British India passed the

Village Panchayat Acts as below1:

1. Madras Panchayat Act, 1920

2. Bombay Panchayat Act, 1920

3. Bengal Self-Government Act, 1920

4. Central Provinces and Berar Panchayat Act, 1920

5. Uttar Pradesh Village Panchayat Act, 1920

6. Punjab Panchayat Act, 1922

7. Assam Self-Government Act, 1925

8. Bihar Panchayat Raj Act, 1947

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 9. Native States of Cochin (1919), Indore (1920), Travancore (1925),

Baroda (1926), Kolhapur (1926), Bikaner (1928), Karauli (1939),

Hyderabad (1940), Mewar (1940), Jasdan (1942), Bhavnagar (1943),

Porbandar (1943), Bharatpur (1944), Marwar (1945), Wadia (1946),

Morvi (1946), Sirohi (1947) and Jaipur (1948).

Panchayats, under erstwhile states, covered a limited number of

villages geographically and had quite a limited number of functions. In spite of

the passing of all such Acts, these institutions did not emerge as self-

governing institutions, but this was designed to suit the colonial masters.

The Government of India Act, 1935 conferred certain powers on the

provincial governments but the recommendations of the Royal Commission,

1909 were again ignored, although the scope of the Panchayats was

extended.3

The provincial government controlled the Panchayats through the

District Collector. This continued till independence in 1947.

Post-independence Developments

Since Independence, lots of efforts have been made to offer

decentralized governance both in rural and urban sectors. Mahatma Gandhi

had been a champion of rural self-sufficiency in resource utilization,

governance and other aspects for the welfare of the rural community. Gandhiji

believed that human happiness with mental and moral development should be

the supreme goal of society and that this goal should be achieved

decentralization of political and economic powers. It is widely acknowledged

that decentralized governance and local polity holds great potential for

development and poverty alleviation. It can ensure more efficient allocation

96
and utilization of resources, enhance local resource mobilization, facilitate

participation of the people, ensure target group orientation in the planning and

implementation of development programmes make monitoring and

supervision over the implementation of the development more effective and

improve local governance.4 Thus, the democratic decentralization became

very important after Independence from the point of view of the twin objective

of the Indian polity, namely, democracy and development. As a result of the

general consensus in the debate in favour of decentralization of power, village

panchayat, as unit of local self-government was inserted into the Constitution

of India under Article 40.5 The amendment became Article 40 under Directive

principles of the Constitution, reads:

"The state shall take steps to organize village Panchayats and endow

them with such powers and authority as may be necessary to enable them to

function as units of self- government''.

The need for popular participation in development takes under the Five

Year Plans prompted the Congress leaders now in government to look in the

direction of strengthening the Panchayat system. Accordingly, Balwantrai

Mehta Committee was appointed in 1957 to enquire into, among other things,

the lack of initiative, apathy and indifference on the part of the rural

population. The committee, officially designated as the 'Team for the Study of

Community Projects and National Extension Service', visited all the states and

held extensive discussions with all those concerned. After the Balwantrai

Mehta Committee recommendations, the term 'Panchayat Raj' gained

currency as a process of governance organically linking the will of the people

from the Gram Sabha to the Lok Sabha. 6

97
 It was in this context that Pandit Jawaharlal Nehru described

Panchayats as the 'foundations of democracy' in India. Speaking on the

occasion of the Inauguration of Panchayat Raj in Rajasthan State on 2nd

October, 1959, he expressed his faith in the capability of the people in

managing their affair in the manner considered best by them. He said:

"It is only by providing opportunity to the people that they can be

trained to shoulder responsibilities. It became imperative that bold step be

taken whereby more and more responsibility could be transferred to the

people. People were not merely to be consulted but effective power was to be

entrusted to them. Therefore, we decided that in every village there should be

a village Panchayat with more power as also a cooperative society which will

help its economic efforts."7

Pandit Jawaharlal Nehru was of the opinion that Panchayats should not

be allowed to be officialised; that they should controlled and run by the people

themselves and the role of officials should be strictly advisory in nature.

Speaking at a meeting held in the Indian Institute of Public Administration on

25 April, 1959, he said:

"We want to give far greater powers to Panchayats and to the village

cooperatives than they have today, knowing full well that they may misuse it,

make mistakes and the like. The mistakes of the Panchayats will not

endanger the security of the country. We can survive it. But they will suffer for

it, they will learn from it and the public will learn from it too." 8

Whenever Pandit Nehru found that the functioning of the system was

hampered by some impediments—financial, administrative or others—the

government took remedial measures.

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 Speaking to the Conference of Ministers of Community Development at

New Delhi on 1 August, 1963, he said:

"We must give power to the people, even though it leads us to hell. We

will certainly come out of the hell if we get there." 9

It is apparent that with the demise of Pandit Jawaharlal Nehru and the

formation of various coalition governments in states by different political

parties, initial enthusiasm about the Panchayati Raj started waning. In 1978,

the Union Government led by the Janata Party, finding that the States had not

managed the Panchayat Raj Institutions properly, set up a Committee with

Shri Ashok Mehta as the Chairman to review the working of Panchayat Raj

Institutions and in particular, among other things, to delineate their true role in

the task of integrated rural development. The Ashoka Mehta Committee

submitted its report in August 1978, making 123 recommendations to

revitalise Panchayat Raj as a living and integral part of the democratic

continuum.10 However, the respective State Governments had not transferred

substantial authority to the Panchayat Raj Institutions (PRI's). The state level

authorities were neither prepared to part with their powers nor confident that

the local elected bodies could carry out their designated functions effectively.

This is reflected in the half hearted devolution of powers and the retention of

tight control over the devolved functions. The result has been to restrict the

autonomy of the local bodies and introduce checks and balances at all levels.

As G. Ram Reddy had put it:

"Even the mild reforms envisaged by the Mehta Team have not been

fully made. Structures of reforms are there, but not the substance." 11

99
 It is in this context that the ups and downs through which Panchayat raj

had gone through indicate that the multitude of goals-democratisation,

economic development, social upliftment, decentralisation, etc., cannot be

attained ipso facto. This is no less true of the reforms brought out by the

Janata Government at the Centre.

The Panchayati Raj Institutions in India, popularly known as agents of

rural transformation, are not merely a formal arrangement, with specific form

and function but have a certain legitimacy and meaning by which they are

identified. After Independence, there have been several attempts to make

Panchayats more viable grassroots institutions and crystallize certain

practices which are necessary for rural development.12 Unfortunately,

Panchayat as institution failed to make its own identity. This prompted the

young and dynamic Prime Minister Shri Rajiv Gandhi to find out the exact

reasons for the failure of government efforts. 13 As Prime Minister, Shri Rajiv

Gandhi was driven by a vision to provide the people with 'representative

administration', as he repeatedly emphasized in his address to Nation in

January, 1985 and included in the Revised Twenty- point Programme of 1986.

To this end, Shri Rajiv Gandhi convened five Regional Workshops 14 of District

Collectors / Magistrates in various regions of the country over a seven-month

period in 1988 and concluded that the way forward lay in amending the

Constitution to give Constitutional sanction and Constitutional sanctity to

Panchayati Raj. Shri Rajiv Gandhi had direct interaction with the officers who

are responsible for implementation of the development schemes in the

districts in all the five regional workshops unmindful of the criticism of this

event by Chief Ministers who harp on 'State Autonomy.' 15

100
 Change in the direction of a democratic decentralization brings into

sharp focus the power to the people in policy-making during the Rajiv Gandhi

regime. Among the five regional workshops of District Collectors, the North-

Eastern Regional Workshop held at Imphal in April, 1988 recommended that

'Democratic Decentralisation' was essential for the successful implementation

of the Poverty Alleviation Programmes and Rural Development Programmes

without which good success cannot be hoped for. The land mark

recommendation from the side of the bureaucracy of the country impressed

the then Prime Minister Shri Rajiv Gandhi and he was all out to implement it.

Subsequent efforts made by Shri Rajiv Gandhi lead to the passing of the

Constitutional Amendment for incorporating Panchayati Raj as an integral part

of the system of government of the Indian Republic by the Lok Sabha. In May

1989, Prime Minister Shri Rajiv Gandhi himself introduced the Constitution

(64th Amendment) Bill, saying:

"Our Bill will ensure that Panchayati Raj has a democratic character

similar to the Lok Sabha and the State Assemblies and Constitutional

Protection for their functioning as representative institutions of the people." 16

Speaking on the occasion, Shri Rajiv Gandhi stressed that with the

devolving functions, functionaries and funds to Panchayats a new dimension

was being added to the Panchayati Raj system in all respects. The following

word of Shri Rajiv Gandhi further highlights his vision towards the devolution

of powers to PRI's:

"The single greatest danger we have to guard against is the devolution

of powers to the Panchayats being followed by the transfer of these powers

101
out of the Panchayati Raj system into other bodies constituted outside the

system...” 17

It is the purpose of our Bill to ensure that powers delegated to the

panchayats remain with the panchayats and are not channeled outside the

system. By the same token, our Bill is designed to ensure that all

developmental agencies are brought within the framework of the Panchayati

Raj Institutions and made responsive to the 'elected authority."18

The Constitution (64th Amendment) Bill was followed in July 1989 with

the Constitution (65th Amendment) Bill that sought to endow urban local

bodies, from town Panchayats and Municipalities to Metropolitan Councils,

with powers similar to those that were sought to be devolved to the rural

panchayats. Although both Bills received the required two-thirds majority with

at least half the members present and voting in the Lok Sabha, on 13

October, 1989, the Bills failed by a handful votes19 to muster the required

Constitutional majority in the Rajya Sabha.

The National Front Government made another vain attempt to amend

the Constitution in this regard. In September 1990, the V.P. Singh led National

front Government introduced the Constitution (74th Amendment) Bill —a

combined bill on Panchayats and municipalities — but before this was taken

up for discussion, there was a change of government at the centre. 20

73rd Constitutional Amendment

Being committed to decentralization of power and authority rural

development and revitalization of Panchayat Raj Institutions, the P.V.

Narasimha Rao Government introduced the 72nd (Panchayats) and 73rd

(Nagarpalikas) Constitutional Amendment Bills, based substantially on the

102
Bills moved in the Eighth Lok Sabha by Shri Rajiv Gandhi but also

incorporating some of the changes wrought by the National Front

Government. These two bills were referred to a Joint Select Committee on the

Parliament, which effected some further changes but conformed in very

considerable measure to the earlier 1989 initiative. The Lok Sabha and Rajya

Sabha passed both bills on the 22nd and 23rd December, 1992 respectively.

By the time, the Parliament passed the two bills their sequence changed to

73rd and 74th Constitution Amendments.21 Following their ratification by more

than half the State Assemblies as required under the Constitution, the

President of India gave his assent, and then came into force as the

Constitution (73rd Amendment) Act, 1992 on 24th April, 1993 and the

Constitution (74th Amendment) Act, 1992 on 1 June, 1993, adding two new

parts to the Constitution, namely Part IX titled 'The Panchayats' and Part IXA

titled 'The Municipalities.' Thus democracy and devolution of powers to

Panchayats have now become part of the Constitution of India. In the

Eleventh Schedule, 29 subjects have been listed under Article 243G which

stipulates that states may by law endow the Panchayats with such powers

and authority as may be required to enable them to function as Institutions of

self-government.22

Constitutional Status to PRIs (Article 243B)

A new part IX with the heading ‘Panchayat’ was added to the

Constitution. Article 243, a new Schedule XI, containing 29 powers to be

transferred to Panchayats, was added. Thus, the PRIs became an integral

part of the Constitution.

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Constitutional Status to Gram Sabha (Article 243A)

Gram Sabha, as an assembly of adult people of Gram Panchayat, is a

direct democratic body of self-government at primary level. It also found its

place in the Constitution. The Gram Sabha may exercise such powers at the

village level as the legislature of a state may provide.

Constitution of Three Tiers of Panchayats (Article 243B & C)

The legislature of the state may make provision with respect to the

composition of the Panchayats. All the seats at the village level, intermediate

level and district level shall be filled by persons chosen by direct election from

the territorial constituencies in the Gram Panchayat, Panchayat Samiti or Zila

Parishad area. Members chosen by direct election shall have the right to

vote. The chairperson shall be elected by way of direct election at the village

level and from amongst the directly elected members at the block and district

levels. In case the population of a state is less than 20 lakhs, there may be

only two tiers at the village and district levels.23

Reservation of Seats (Article 243D)

a) Seats shall be reserved for the SCs/STs in proportion to their population.

b) Not less than one-third of the total number of seats shall be reserved for

women in each category, e.g., SCs/STs. These seats shall be allotted by

rotation to different constituencies.

c) The office of the chairpersons of the panchayats at all levels shall also be

reserved in the same proportion for the SCs/ST s/women.

d) Reservation for other backward class of citizens may be done as the state

legislature may provide.24

104
Duration of Panchayats (Article 243E)

Previously, the Panchayat elections were held at the will of the state

governments. Hence, it was provided that every Panchayat, unless sooner

dissolved under any law, shall continue for five years from the date appointed

for the first time. If a Panchayat is dissolved before the expiration of its

duration, election shall be completed before the expiration of a period of six

months from the date of such dissolution.

Provided that where the remainder of such period is less than six

months, it shall not be necessary to hold any election under this clause. A

Panchayat constituted after dissolution shall continue only for the remainder

of the period for which the dissolved Panchayat would have continued had it

not been so dissolved.

Disqualification for Membership (Article 243F)

A person should not be less than 21 years of age. He should not be

disqualified according to the rules framed by the state legislature. In case of

dispute, the matter shall be decided by such authority and in the manner as

the state legislature may provide.

Powers, Authority and Responsibilities (Article 243G)

The legislature of a state may empower Panchayats with such powers

and authority as may be necessary to enable them to function as institutions

of self-government and such law may contain provisions for the devolution of

powers and responsibilities upon Panchayats at the appropriate level, subject

to such conditions as may be specified with respect to;25

a) the preparation of plans for economic development and social justice,

and

105
 b) the implementation of schedules for economic development and social

justice as may be entrusted to them including those in rotation to the

matters listed in the XI Schedule.

Powers to Impose Taxes and Funds (Article 243H)

The legislature of a state may authorize a Panchayat to levy, collect

and appropriate taxes, duties, tolls and fees in accordance with procedures

and subject to limits. It may also provide for making grants-in-aid to the

Panchayats from the consolidated fund of the state.

Constitution of Finance Commission (Article 2431)

The Governor of a State shall, as soon as possible, may be within one

year from the commencement of this Act and at the expiration of every fifth

year, constitute a Finance Commission to review the financial position of the

Panchayats and make recommendations to the Governor as to the principles

which should govern the distribution between the state and the Panchayats of

the net proceeds of taxes, duties, tolls and fees leviable by the state which

may be divided between them and the allocation between the Panchayats at

all levels of their respective share of such proceeds.

The legislature of a state may provide for the composition of the

Commission, the qualifications which shall be requisite for appointment as

members thereof and the manner in which they shall be selected. The

Governor can ask every recommendation made by the Commission and the

action taken thereon to be laid before the legislature of the state. 26

106
Audit of Accounts (Article 243J)
The legislature of a state may make provisions with respect to the

maintenance of accounts by the Panchayats and the auditing of such

accounts.

Election (Article 243K)

There will be a State Election Commissioner for the preparation of the

electoral rolls, superintendence, direction and control of all panchayat

elections. He will be appointed by the Governor of the State. The service

conditions and duration of the post shall be as decided by the state

legislature. He can be removed by the same method as prescribed for a

Judge of the High Court. The Governor shall provide such personnel as may

required by the Election Commissioner for the fulfillment of the functions.

Inclusion of XI Schedule (Article 243G)

After X Schedule in the Constitution, Schedule XI shall be treated as

included. It contains; 27

1. Agriculture, including agricultural extension.

2. Land improvement, implementation of land reforms, land consolidation

and soil conservation.

3. Minor irrigation, water management and development.watershed

4. Animal husbandry, dairy and poultry.

5. Fisheries.

6. Social forestry and farm forestry.

7. Minor forest produce.

8. Small-scale industries, including the food industries. processing

9. Khadi, village and cottage industries.

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 10. Rural housing.

11. Drinking water.

12. Fuel and fodder

13. Roads, culverts, bridges, ferries, waterways and other means of

communications.

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 handicapped and mentally

retarded.

27. Welfare of weaker sections and, in particular, of the SCs/STs.

28. Public distribution1 system.

29. Maintenance of community assets.

In pursuance of its election manifesto called the National Agenda for

Governance, the National Democratic Alliance (NDA) Government headed by

108
Shri A.B. Vajpayee has appointed a 13- member National Commission to

Review the Working of the Constitution (NCRWC) under the chairmanship of

the former Chief Justice of India Shri Justice M.N. Venkatachaliah on 1st

February, 2000. After considering the various viewpoints and

recommendations to the Government of India through a comprehensive report

submitted on 31st March, 2002 for reconstruction of the executive, legislative

and judicial aspects of the Constitutional Provisions of Governance. There

were 38 recommendations made by the NCRWC on the decentralization and

devolution besides empowerment and strengthening of Panchayat Raj

Institutions alone.28 In addition, the NDA Government took keen interest in

organizing the All India Panchayat Adhyakhas Sammelan in New Delhi during

5-6 April, 2002 for formulating National Declaration for Local Self-

governance, a text consisting of 15 point recommendations. 29 This resolution

was at the Centre of the recommendations made by the 1,600 elected heads

representing 3,40,000 Panchayats of India.

Reservation Policy in Panchayat Raj Institutions: The Case of Women

When the 73rd Constitutional Amendment was introduced in 1992 in

order to inject new life to the decadent Panchayat Raj Institutions in India

(PRIs), it was expected that most of the states in India will implement them in

letter and spirit. With 33 per cent reservation provided to women in the 3-tier

system of the PRIs and benefitting reservations to the SCs and STs in due

proportion to their population it was expected that the situation will improve in

our grassroots organization.

But in reality when one looks at the grassroot realities in the working of

Panchayati Raj Institutions, one notices several gapping holes. The three

109
decades of nineteen fifties to nineteen eighties saw phases of revival and

neglect of these vital grassroots institutions of local governance with heavy

social and political costs for the rural areas. The patchy progress of

development initiatives, lack of people's participation and support led to

realization of the need to depend on democracy and develop inclusive and

capable institutions of local governance.

The 73rd Constitutional Amendment in 1992 adding Part IX to the

Constitution for mandating vibrant Panchayat institutions drew upon the

efforts made by different states to organize Panchayats in the four decades

since the Constitution became effective. It sought to include essential features

for their continuous existence with more inclusive membership and with

adequate powers and resources. It also included a complete three-tier

Panchayat Raj structure instead of village Panchayats only as initially

expected in Article 40 as an essential uniform structure for the whole country.

Even with these features included in the Constitution itself by this Amendment

the subject of Panchayats still continues to be within the competence of the

states. Hence, a number of steps of implement these provisions had to be

finally fashioned by the state legislature while bringing their Panchayat

legislations in conformity with this Amendment.30

The paper while broadly highlighting on the salient features of the 73rd

Amendment relating to the election of PRIs, will evaluate the gross violations

of these provisions by the different Indian states. Our broad hypothesis is that

most of the state government in course of their implementation of the 73rd

Amendment has often modified their implementation mechanism primarily to

110
suit to the petty interests of the ruling parties and their power-hungry

politicians.

Crucial Provisions on the Election of PRIs under the 73rd Amendment

It provides for : (i) Fixed five years' tenure for all Panchayats and their

office bearers with no powers to extend this period as was being done earlier

by the State Governments extending the period for one reason or the other

and thereby avoiding/ delaying regular elections (ii) Elections to all

Panchayats by independent State Election Commissions to be set up by the

states (iii) All Panchayat memberships to be by direct election from territorial

constituencies of the Panchayat area i.e., no nominations or co-option etc.

The only exception given for ex-officio membership of MPs/MLAs and to

presidents of lower ties Panchayats in the higher level Panchayat bodies (iv)

For chairpersons, the state Panchayats legislations can provide for election of

Chairpersons of the village Panchayats directly by all voters or indirectly by

the members of the Panchayats but Chairpersons of the district level and

intermediate level Panchayats are to be elected by their members only (v)

Reservations for weaker sections of SC/ST and for women in the membership

as well as in the Chairpersons' posts - for SC/ST proportionate to their

population and for women not less than one-third of the

Members/Chairpersons posts. Women's minimum one-third reservation to be

not only in total seats of a Panchayat or total number of Chairpersons at a

level but also among those reserved for SC/ ST separately. With the 1996

law, all Chairpersons to Panchayat in Schedule V areas have to be tribals and

their members to have fifty per cent tribal members.

111
 Inherent in these essential provisions is a vision of vibrant, active

Panchayats with more inclusive membership across caste, class and gender,

respective and responsible to the local community, with resources and with

powers to raise resources to fulfill their responsibilities and to meet the needs

and aspirations of the local population. Functioning of the Panchayat bodies is

expected to be not as mere agencies implementing state structured

programmes/ schemes, but to be responsive and responsible local

government institutions.31

There are also certain permissible features which have been left to the

discretion of the state legislature. This, they can give reservation to other

Backward Classes. As exceptions to the general prescription for only elected

members in Panchayats, the state Panchayat laws can include MPs, MLAs

and MLCs as ex-officio members of the Panchayats at the district and

intermediate levels. The Chairpersons of the Panchayats at the village and

intermediate levels can be made ex-officio members of the next higher level

Panchayat body to provide an organic link among them for their functions.

The 1996 law, extending the Panchayat Provisions to Schedule V

areas adds certain essential for Panchayats in areas of tribal concentration in

the states of Bihar, Jharkhand, Gujarat, MP, Chhattisgarh, Maharashtra,

Orissa and Rajasthan. These include leadership positions of all Panchayats at

all levels to be with tribals only, fifty per cent of their members to be tribals

only, fifty per cent of their members to be tribals, over-reaching role of the

Gram Sabha, preservation of tribal customs and traditions, control over

natural resources, minor forest produce and minor minerals which are crucial

for tribal livelihood, control over social sector institutions and functionaries in

112
the area to manage them in the interest of tribals' special needs. This law is

focusing more on the Gram Sabha and also provides for a Gram Sabha in

every village or habitation instead of a Gram Sabha for the whole village

Panchayat area. However, it also leaves a number of matters relating to

allocation of specific powers to appropriate level Panchayats to the state

legislatures.

Gaps between Theory and Practice: Frequent Violations by States

The philosophy of 'power' to the people at the grassroots was the

guiding principle of the 73rd Constitutional Amendment. Their main objective

was to strengthen the PRIs throughout the country and make them

'institutions of self-government7 with responsibility of promoting economic

development and ensuring social justice. Therefore, the Amendment provided

for devolution of powers, functions and finances, access to weaker sections in

society to power at the grassroots level and making the PRIs financially strong

so that they can perform meaningful role in overall development. The

experience of implementation of various provisions and the situation that has

emerged over the last few years of working of the PRIs in the revised set-up

in different states raises certain questions regarding the expectations and

ground realities. The extent of success in achieving devolution of powers,

functions and finances, in empowerment of weaker sections in the society in

general and women's empowerment I particular need to be seen, besides the

functioning of newly established organs like the State Election Commissions

and the State Finance Commissions and the overall attitude of the political

leadership and bureaucracy towards these changes.

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 The provisions in the 73rd Constitutional Amendment Act, 1992 include

mandatory items and some discretionary items. Although most of the

mandatory items contained in the 73rd Amendment have been accepted and

implemented by the State Governments, there are "deviations" or infirmities

while implementing various provisions mandatory as well as discretionary,

which go against the spirit of democratic decentralization inherent in this

Amendment We look at these infirmities in the context of the core features of

the Amendment and the 1996 law extending these provisions to the Schedule

Areas. We also see them with reference to Panchayats' organization,

representations.

Electoral Process, the Loopholes and Wide Diversities

All the states have legislated to provide for organization of Panchayats

at three (or two in states with up to 20 lakh population) levels and for direct

elections to their membership with reservations as mandated in the

Amendment. However, there are deviations and additions which are against

the letter as well as the spirit of the Amendment. No membership is possible

now by co-option or nomination except the ex-officio membership of

MLAs/MPs/MLCs in district and intermediate level Panchayats and

Chairpersons of lower level Panchayat in the next higher level Panchayat

bodies.32

But in Andhra Pradesh, Section 149 of the state law includes cooption

of one person from the minority community in the Mandal Panchayat and

Section 171 includes co-option of two members of the minority community in

the Zillah Parishad. The legal validity of these co-options does not seem to

have been questioned in any courts so far but these clearly violate Article

114
243C(2) that all Panchayat members will be directly elected from territorial

constituencies. The Punjab State Panchayat Act of 1994 as originally enacted

stipulated that 40 per cent of the members of the Panchayat Samithies were

to be elected directly by the voters and 60 per cent indirectly by and from

amongst the Sarpanchs of the Samithi area. It has been changed recently, but

only to make it 50 per cent direct and 50 per cent indirect election. This is

again a clear violation in letter as well as in spirit of the provisions of Article

243C introduced by the 73rd Constitutional Amendment. Further, Gram

Sabha areas have been constituted for village Panchayats, but wards in the

Gram Sabha area have not been demarcated. So, in case of re-election of

Panchs to vacant seats irrespective of the reason, the total voters of Gram

Sabha area will have to vote again for a Panch seat. This is against the clear

provisions of Article 243C (2) that the members have to be elected from

individual territorial constituencies.

Another deviation is in West Bengal Panchayat Act in respect of ex-

officio membership of members of Panchayat Samithies and Zilla Parishads in

Gram Panchayats and Panchayat Samithies, respectively, located within their

individual constituencies. A popular view on the subject is that even though

the constitutional validity of this provision is doubtful, it is a harmless one, and

it contributes towards strengthening integration of different tiers. Andhra

Pradesh also has made a provision that members of the Mandal Parishad

territorial constitutency of the area will be permanent invitees in the Gram

Panchayat with right to speak though having no right to vote (Section 7(2) in

the Andhra Pradesh Act 1994).

115
 In Madhya Pradesh, the Panchayat, law as initially enacted in 1993

provided for co-options of representatives of SCs/STs and cooperative

societies in the Gram Panchayats, ex-officio membership °f Chairpersons of

district co-operative bodies and district cooperative banks and co-option of

director of co-operative marketing society or of a co-operative bank and of

members of SCs/STs in Janpad Panchayats and Zilla Panchayats. These, of

course, were removed by an amending ordinance during the first Panchayat

elections in 1994 and hence, rectified. Another feature added by the MP

Panchayat Act is to permit the MPs and MLAs to send their representatives if

they cannot attend the meetings of district or block level Panchayats of which

they are ex-officio members.

Frequent Change of Chairpersons of PRIs

While the reservation in case of members as well as of Chairpersons of

any PRI is for their full term i.e. five years in all the states, it has been

changed to a shorter duration in the case of Chairperson's office in some

states. For example, in Maharashtra in the case of Chairpersons of Zilla

Parishad, though the term of office is five years, the Chairmanship was

effectively changed to one year as it was rotated every year among all

reserved categories. As it was a very short tenure, it has been changed later

to two and half years. In Karnataka, it has been changed to 20 months, so the

Chairmanship is rotated after this period and one tenure of five years will see

three Chairpersons. The Amendment stipulated mandatory rotation of

reservations of Chairpersons' posts in a manner prescribed. It is this reference

to "prescribed manner" that these states have used to ensure that there is no

evolution of new leadership from the new entrants from the social groups who

116
have entered these posts in significant number though reservations for the

first time at this level.

Negligence of SCs and STs in PRIs

The 73rd Amendment provides for reservation of SCs/STs in proportion

to their population as far as the membership is concerned and in the total for

Chairmanship. Article 243D (1) reads as follows: "The number of seats so

reserved shall bear as nearly as may be, the same proportion to the total

number of seats to be filled by direct election in that Panchayat as the

population of the Scheduled Castes in that Panchayat area or of the

Scheduled Tribes in that Panchayat area bears to the total population of that

area... 243D (4). About Chairpersons, it says: "The number of offices of

Chairpersons reserved for the Scheduled Castes and the Scheduled Tribes in
e
Panchayats at each level in any state shall bear, as nearly as may be, the

same proportion to the total number of such offices in Panchayats at each

level as the population of the Scheduled in the State or of the Scheduled

Tribes in the State bears to the population of the State." 33

In the Madhya Pradesh Panchayat Law, posts of Sarpanchs of Gram

Panchayats are to be reserved for SC/ ST in proportion to their population to

their population in the district. Only in the Zilla Panchayats, these are to be

reserved in proportion to their population in the state [Section 17(2) for Gram

Panchayat, 25(2) for intermediate Panchayat and 32(2) for Zilla Panchayats]

.This has resulted in giving reservations to SC/ST in the posts of Presidents of

intermediate and Zilla Panchayats differently than what would be permissible

when based on the proportionate population in the state.

Some of the states have also given additional reservations, which is in

line with the intent of the amendment. Thus, M.P. law provides that if the

117
President of a Zilla Panchayat or intermediate Panchayat or Sarpanch of a

Gram Panchayat is not SC / ST or OBC, then the Vice-President of Zilla

Panchayat [Section 32 (4)], the Vice- President of intermediate Panchayat

[Section 25(4)] and Up-sarpanch of Gram Panchayat (Section 17(6)] has to be

from SC/ST/OBC categories. In West Bengal and Orissa, reservations have

given to women among Vice-Presidents of the Panchayats. These are

positive additions in accordance with the spirit and expectations of the 73rd

Amendment. However, combining the SC/ST/ OBC in the case of MP State is

a combination of unequals and is skewed in favour of OBC as against SC/ST

who are more disadvantaged politically, socially and economically.

Another deviation from the 73rd Amendment in respect of

representation is in Himachal Pradesh where the law provided for direct

election of the Upa-Sarpanch of Gram Panchayat from the whole Panchayat

area. As he is neither a simple member who could be from a territorial

constituency nor a chairperson who can be from the whole Panchayat area,

this is a questionable provision, Himachal Pradesh provides another deviation

in the quorum of the Gram Sabha. The spirit and philosophy of the Panchayat

law and Practice as well as for other democratic institutions is for presentation

of individual voters in various fora. But by a recent amendment in the

Himachal Pradesh Act in 2000, the quorum in ram Sabha can be "one-third of

the total number of families represented by one or more members of the

Gram Sabha area" and for the adjourned meeting it will be 'one-fifth of the

total number of families represented by one or more members of the Gram

Sabha." 34

118
Women and Panchayat Raj Institutions in AP

Andhra Pradesh was one of the first-two states in India to establish the

PRIs in the year 1959. The state legislature created a three-tier PR set-up

under Andhra Pradesh Praja Samiti and Zilla Parishad Act (APPSZP), 1959,

this act has provided for co-option of two women. The Andhra Pradesh Gram

Panchayat Act (APGP), 1964, governed the composition and functions of the

Gram Panchayat (GP) in Andhra Pradesh. This act provided for reservation of

two seats for women if the total strength of the GP is 9 or less, 3 seats if the

strength is between 10 and 15 and 4 seats if the strength is more than 15. It is

clear that the act ensured between 22 per cent to 25 per cent of

representation of women in these bodies. In the middle level bodies, till, 1986,

women representation was governed by the Andhra Pradesh Praja Samiti and

Zilla Parishad Act of 1959, which provided for co-option of two women for

each samiti in addition to the possibility of women members finding

membership in PS through the electoral process. Based on the

recommendations of Ashok Mehta Committee Report (1978), the Mandal

Praja Parishad, Zilla Praja Parishad Abhivrudhi Mandal Bill was introduced in

legislative Assembly in July 1986. This bill completely altered the PRIs set-up

in AP and in 1987, a new reservation set-up was introduced for BCs and

Women, i.e., 9 per cent .Thus, women got further encourage-ment to share in

the democratic decision-making process of PRIs.

Keeping in view the Amendment Act of 1993, State Government of

Andhra Pradesh has enacted a new law thereby making the previous PR

system in-operative. In this new arrangement, after the first elections, the

representation of women at Gram Panchayat (GP) level was 33.84 per cent,

119
at Mandal Panchayat (MP) level it was 37.01 per cent, and at Zilla Parishad

(ZP) level it was 33.38 per cent. This has contributed for the enhancement of

women leadership especially in PRIs to get access to decision-making

process concerning to vital problems of economic development, social

reconstruction and distribution of scarce resources.35

Social Justice through the Constitution (73rd Amendment)

Panchayat Raj was launched in 1959 to ensure people’s participation

in the development process, associate rural people in grass root democracy

and devolve powers to the people below at the village level. Even in 1959, the

Panchayat Raj Acts contained a provision that: 36

1) a woman member shall be co-opted if no woman member is elected;

2) a Scheduled Caste member shall also be co-opted if no such member

has been elected; and

3) similarly, a Scheduled Tribe member shall be co-opted in Panchayat

bodies where the population of such tribes is 5 percent or more of the

population of the area.

Though provisions existed in the Article 15 of the Constitution and

women, SCs/STs members were co-opted in the Panchayat Raj Institutions

(PRIs) during the period 1959-1993 also, but the Girdharilal Vyas Committee,

Rajasthan (1973), observed that “co-option in fact is nothing but a corrosion

and infringement of the true democratic process and the representatives of

the Scheduled Castes, Scheduled Tribes and women getting a place through

co-option in the Panchayats, Panchayat Samitis or Zila Parishads are nothing

but a creation of the generosity of the members of these bodies and

120
consequently their participation in the deliberations of such bodies is far from

action or objective.”37

India is one of the largest democracies in the world. Panchayat Raj

takes democracy to the grass roots level where most of the weaker sections

of the community reside. As per the Census of India, 1991, 49 percent of

India’s population consisted of women, of which 80 percent reside in rural

areas. Women are found engaged in agricultural fields, small industries,

construction, etc. Generally, cattle management is left to them. Thus, women

are vital and productive workers and they constitute about one-third of the

total labour force of the country. Gender differences are only biological in

nature. Role differences are created by the culture in a specific society. They

cannot be taken as permanent. If there is a strong public opinion or political

desire, the role of women can be changed. Women’s participation has been

successful in every walk of life, provided opportunity is given to them. Barriers

have to be removed. Constitutional provision already exists. Political maturity

will automatically come with experience. Nobody is an expert from the womb

of his/her mother—male or female. Both learn by experience and opportunity.

However, the rate of participation of women is considerably lower in the PRIs,

which are considered as foundation of democracy.

Similar is the case for other marginalized sections (SCs, STs and

OBCs) who have not enjoyed the fruits of development for more than 50 years

of planning and development in India. It has been basically due to their

inadequate and ineffective participation and involvement in decentralized

governance, planning and development. The Constitution (73rd Amendment)

Act has tried to rectify the faults by providing reservation for these groups for

121
the posts of members and Chairpersons at three levels of the Panchayats.

That is why, elections to the Panchayats held in 1995 and 1996 saw about 11

lakh women and 7.5 lakh SC and ST members and chairpersons and 34 lakh

elected representatives in the Gram Panchayats, Panchayat Samitis and Zila

Parishads in the country.

The Constitution (73rd Amendment) Act, 1993 provides in Article

243(D) for reservation of seats of members as well as of chairpersons for

Scheduled Castes and Scheduled Tribes as well as women in the

Panchayats at the village, block and district levels. Article 243(D)(1) mentions

that seats shall be reserved for the Scheduled Castes and the Scheduled

Tribes in every Panchayat and the number of seats so reserved shall bear, as

nearly as may be, the same proportion to the total number of seats to be filled

by direct election in that Panchayat as the population of the Scheduled

Castes in that Panchayat area or of the Scheduled Tribes in that Panchayat

area bears to the population of that area and such seats may be allotted by

rotation to different constituencies in a Panchayat.

Article 243(D)(2) also provides that not less than one-third of the total

number of seats reserved under clause (1) shall be reserved for women

belonging to the Scheduled Castes or, as the case may be, the Scheduled

Tribes.

Article 243(D)(4) further mentions that offices of the chairpersons in the

Panchayats at the village or any other level shall be reserved for the

Scheduled Castes, the Scheduled Tribes and ...as nearly as may be, in same

proportion in the total number of such offices in the Panchayats at each level,

122
as the population of the Scheduled Castes in the state or of the Scheduled

Tribes in the state bears to the total population of the state: 38

 Provided further that not less than one-third of the total number of

offices of chairpersons in the Panchayats at each level shall be

reserved for women; and

 Provided also that the number of offices reserved under this clause

shall be allotted by rotation to different Panchayats at each level.

Article 243(D)(6) also authorizes the state governments to make any

provision for reservation of seats in any Panchayat or the offices of the

chairpersons in the Panchayats at any level in favour of backward class of

citizens.

Empowerment and Social Justice through the Constitution (73rd

Amendment) Act, 1993

The SC/ST women can participate in the PRIs in the following forms:

 as a woman voter;

 as a member of a political party;

 as a candidate in elections;

 as an elected member of the PRI;

 as a chairperson of the PRI; and

 as a member of Mahila Mandal and as an activist in voluntary

agencies.

Rights to women in the Indian Constitution made participation of the

weaker sections and women compulsory in the PRIs. It was also provided

that, in case the Panchayats were constituted before this amendment, they

would complete their existing term of election. Arunachal Pradesh, West

123
Bengal, Sikkim, etc., were the states in such category. All the other states had

to conduct the Panchayat elections making reservation of seats, etc., as per

the provision of Article 243 of the Constitution, as early as possible after 23rd

April, 1994. But, it did not happen. Only Madhya Pradesh, Tripura and

Haryana were the states which conducted Panchayat elections in 1994. Other

states conducted elections in the end of 1995 or even in 1996. Orissa held it

in 1997. The percentage of polling was 66 percent in Rajasthan, 82 percent in

Village Panchayat and 64 percent in Block and District Panchayats in Punjab,

60 percent in Uttar Pradesh and so on. About 10 lakh women candidates

were elected all over the country.39

Dalit and Tribal Leadership

Apart from women, the other section of the society that received an

opportunity to participate in governance for the first time is the socio-

economically backward SC/ST/OBC section. The disabling phenomenon of

dummy candidature was prevalent among the representatives from this

section as well. In the first term, this phenomenon was more evident among

the Ward Panchas. One reason for this was that the Election Commission

declared the ward reservations very late. This information was in many cases

grabbed by the powerful groups, who revealed it only at the last moment. The

powerful groups put up a timid candidate who could act as their puppet. This

candidate was generally elected unopposed, as other genuine candidates

could not even file their nominations due to fear. Thus, the powerful groups

captured the Panchayats.

An important lesson emerges from this experience that the information

regarding reservation of seats should be announced well in advance and

124
efforts should be made to disseminate this information through various media

so that it cannot be misused by a few individuals for their own benefit. The

phenomenon of proxy and dummy representatives was more prevalent in SC

and women reserved seats, where the lower castes are intimidated by the

upper castes. In contrast, in the tribal majority-belt, there were instances

where the ST candidates fought the elections on general seats and defeated

the Brahmin candidate. Typically, an SC/ST Sarpanch faced the apathy of the

administrative machinery. One grievance commonly raised by these

representatives was that they were unable to access government schemes.

The higher officials did not give their proposals any heed.

SC/ST women candidates, the marginalized among the marginalized,

also got a chance to participate in governance. Mishri Devi of Thikri village

(Dausa district) belongs to the tribal community and was elected to the post of

the Sarpanch reserved for an SC woman. The upper caste male villagers

could not digest the idea. On 15th August, 1998, she was stopped from

exercising her right to hoist the national flag during the Independence Day

celebrations. Further, the upper caste males went to the extent of stripping

her. The sweets she had brought for the event were thrown in the drain, as

she was considered to belong to the untouchable caste. 40

Another incident shows how the men do not accept the leadership of

strong women leaders. In Shekhasar Gram Panchayat (Jodhpur), the

Sarpanch, Kiran Meghwal, is an energetic and dynamic woman. She is a

strong leader who is functioning efficiently, but she is not spared abuse from

men. She has to face derogatory comments from the men of the village, who

say, “she is able to rule only because we let her, she is ruling from our laps”.41

125
 Bringing women and SCs/STs into the panchayats represents

significant affirmative action. However, as expected, empowerment has been

the natural fall out of this step. A number of negative forces operating at the

grass roots are defeating the purpose of affirmative action. Most of the

representatives have been denied opportunities to demonstrate their

capabilities.

Women and SCs/STs represent sections that have not received

support from the society in playing any form of leadership roles or in

achieving their potential. Yet, they have embarked on this great experiment.

Undue expectations would be unfair on our part. We should recognize what

they have achieved in spite of all the constraints in the society. Although the

present status of leaders leaves much to be desired, there are also rays of

hope that the experiment has not been a complete failure, as was anticipated

by some in the beginning. In fact, quite a few dalit and women leaders were

able to overcome the odds against them and have emerged as strong

representatives of the village communities. The cases of successful leaders

have, however, remained isolated incidents.42

PRI Institutions in India

Table 4.1 gives the clear picture of village level, intermediate and

district level Panchayats in India as on 1 March 2013.

126
 Table 4.1

Consolidated Report of Panchayats in India

(As on 1 March 2013)

District Intermediate Village

S. No. State Name
Panchayats Panchayats Panchayats
Andaman And Nicobar 3
1 9 70
Islands
2 Andhra Pradesh 13 660 12920
3 Arunachal Pradesh 20 175 1828
4 Assam 21 191 2193
5 Bihar 38 534 8398
6 Chandigarh 1 1 12
7 Chhattisgarh 27 146 10796
8 Dadra And Nagar Haveli 1 N.A. 20
9 Daman And Diu 2 N.A. 14
10 Goa 2 N.A. 191
11 Gujarat 26 223 14062
12 Haryana 21 126 6207
13 Himachal Pradesh 12 77 3243
14 Jammu And Kashmir 22 321 4172
15 Jharkhand 24 259 4425
16 Karnataka 30 176 6019
17 Kerala 14 152 941
18 Lakshadweep 1 N.A. 10
19 Madhya Pradesh 51 313 22838
20 Maharashtra 34 351 28029
21 Manipur 4 N.A. 161
22 Odisha 30 314 6211
23 Puducherry N.A. 10 98
24 Punjab 22 147 13047
25 Rajasthan 33 295 9894
26 Sikkim 4 N.A. 176
27 Tamil Nadu 31 385 12524
28 Telangana 9 438 8695
29 Tripura 8 35 591
30 Uttarakhand 13 95 7970
31 Uttar Pradesh 75 821 59108
32 West Bengal 19 341 3342
Total 611 6595 248205
Source: Ministry of Panchayat Raj, Govt. of India
* N.A.- Not Applicable
** Due to periodic elections, data is dynamic in nature and keep on changing
*** Local Government Directory is now mapped to Census 2011 village codes

127
 It is evident from table 4.1 that Uttar Pradesh state tops the list with

regard to three tiers of Panchayat. Nearly 23.81 per cent of village

Panchayats, 12.45 per cent of intermediate Panchayats and 12.27 per cent of

district Panchayats are in Uttar Pradesh state. With regard to Intermediate

Panchayats the second place is occupied by Andhra Pradesh. It is followed

by Bihar and Telangana states in third and fourth places respectively. With

regard to district Panchayats the second place is occupied by Madhya

Pradesh (8.35 per cent). It is followed by Bihar (6.22 per cent), Maharashtra

(5.56 per cent) in third and fourth places respectively.

Nearly 50 per cent of village Panchayats is functioning in four states viz,

Uttar Pradesh, Maharashtra, Madhya Pradesh and Gujarat. More than half

(53.53 per cent) of the Intermediate Panchayats are functioning in seven

states namely, Uttar Pradesh (12.45 per cent), Andhra Pradesh (10.01 per

cent), Bihar (8.10 per cent), Telangana (6.64 per cent), Tamil Nadu (5.84 per

cent), Maharashtra (5.32 per cent) and West Bengal (5.17 per cent). More

than half (52.10 )per cent of the District Panchayats are functioning in 8 states

namely Uttar Pradesh (12.27 per cent), Madhya Pradesh (8.35 per cent),

Bihar (6.22 per cent), Maharashtra (5.56 per cent), Rajasthan (5.40 per cent),

Tamil Nadu (5.70 per cent), Odisha (4.91 per cent) and Karnataka (4.91 per

cent).

PRI Representatives in India

Table 4.2 gives the clear picture of village level, intermediate and

district level PRI representatives in India as on 1 March 2013.

128
 Table 4.2
State-wise Number of Elected Representatives in Panchayats
(as on 1 March 2013)
Village Intermediate District
S. No States All
Panchayat Panchayat Panchayat
1 Andhra Pradesh 237,594 16,774 119 254,487
2 Arunachal
7,416 1,779 161 9,356
Pradesh
3 Assam 24,222 2,202 420 26,844
4 Bihar 123,467 11,501 1,162 136,130
5 Chhattisgarh 155,672 2,783 321 158,776
6 Goa 1,509 N.A. 50 1,559
7 Gujarat NA NA NA 118,751
8 Haryana 64,866 2,891 395 68,152
9 Himachal
25,899 1,682 251 27,832
Pradesh
10 Jammu &
4,117 NA NA 4,117
Kashmir
11 Jharkhand 48,339 4,423 445 53,207
12 Karnataka 90,635 3,659 1,013 95,307
13 Kerala 16,680 2,095 332 19,107
14 Madhya Pradesh 389,245 3,527 437 393,209
15 Maharashtra 197,338 3,910 1,955 203,203
16 Manipur 1,663 N.A. 60 1,723
17 Odisha 93,776 6,233 854 100,863
18 Punjab 81,099 2,715 324 84,138
19 Rajasthan 103,052 5,279 1,014 109,345
20 Sikkim 989 N.A. 110 1,099
21 Tamil Nadu 111,857 6,856 686 119,399
22 Tripura 5,295 299 82 5,676
23 Uttar Pradesh 706,300 65,000 2,680 773,980
24 Uttarakhand 57,744 3,295 413 61,452
25 West Bengal 41,813 8,855 755 51,423
All-India 2,741,973 164,271 15,137 2,921,381
Source: Ministry of Panchayat Raj, Govt. of India
Notes: NA: not available; All-India includes figures for UTs.

It is clear from table 4.2 that in case of representatives at village level

also Uttar Pradesh state top the list with 27.26 per cent. It is followed by

Madhya Pradesh (15.03 per cent) and Andhra Pradesh (19.17 per cent)

respectively. There three states share in total village level representatives is

more than half of the total representatives. With regard to intermediate

Panchayats representatives also the Uttar Pradesh and Andhra Pradesh

129
stood at the top of the ladder with first and second places. with regard to

district Panchayat representatives, the five states namely Uttar Pradesh,

Maharashtra, Bihar, Rajasthan and Karnataka contributing 55.73 per cent of

total district representatives. In all, the share three states stood at nearly 50

per cent. These states include Uttar Pradesh, Madhya Pradesh and Andhra

Pradesh.

State Wise SC AND ST Representatives in India

Table 4.3 gives the clear picture of Scheduled Caste, Scheduled Tribe

and women PRI representatives in India as on 1 March 2013.

130
 Table 4.3

State-wise Elected SC, ST and Women Representatives in Panchayats

(as on 1 March 2013)
S. No States SC ST Women Total
1 Andhra Pradesh 46755 21078 85154 254487
2 Arunachal Pradesh NA 9356 3889 9356
3 Assam 1344 886 9903 26844
4 Bihar 22201 1053 68065 136130
5 Chhattisgarh 19753 63864 86538 158776
6 Goa NA 92 504 1559
7 Gujarat 8340 23719 39206 118751
8 Haryana 14684 NA 24876 68152
9 Himachal Pradesh 7467 1215 13947 27832
10 Jammu & Kashmir NA NA NA NA
11 Jharkhand 5870 18136 31157 53207
12 Karnataka 17723 10275 41577 95307
13 Kerala 867 120 9907 19107
14 Madhya Pradesh 59537 107167 198459 393209
15 Maharashtra 22175 30211 101466 203203
16 Manipur 21 38 836 1723
17 Odisha 16390 22240 NA 100863
18 Punjab 26937 NA 29389 84138
19 Rajasthan 18807 13777 54673 109345
20 Sikkim 77 418 NA 1099
21 Tamil Nadu 28655 1194 41790 119399
22 Tripura 1508 309 2044 5676
23 Uttar Pradesh 185159 NA 309511 773980
24 Uttarakhand 12230 2067 34494 61452
25 West Bengal 17605 4168 19762 51423
All-India 568181 342157 1364154 2921381
Source: Ministry of Panchayat Raj, Govt. of India
Note: SC: Scheduled Caste; ST: Scheduled Tribe; NA: not available; All-India
includes figures for UTs.

The data in table 4.3 shows that in case of Scheduled Caste

representatives in PRIs the Uttar Pradesh, Madhya Pradesh and Andhra

Pradesh occupied first, second and third places respectively. On the other

hand with regard to Scheduled Tribe PRI representatives Madhya Pradesh

occupies first place and it is followed by Chattisgarh and Maharashtra in

second and third places respectively. The proportion of Scheduled Caste

131
representatives to total PRI representatives, the state of West Bengal stood at

the top of ladder with 34.2 per cent. In this regard it is followed by Punjab (32

per cent), Tripura (26.8 per cent) and Tamil Nadu (26.6 per cent) in that order.

The proportion of scheduled Tribe representatives to total PRI representatives

is high in Arunachal Pradesh. In this state all PRI representatives belongs to

ST community. With regard to ST proportion to total PRI representatives, the

Chattisgarh state occupies second place and followed by Sikkim and

Jharkhand in third and fourth places respectively.

In 8 out of 25 states the number of women representatives is

higher than males. It means more than half of PRI representatives in these

states are women. among these 8 states , Jharkhand state stood at the top of

ladder with 58.6 per cent and followed by Uttarakhand (56.1 per cent)

Chattisgarh (54.5 per cent) and Kerala 51.9 per cent in second, third and

fourth places respectively.

State Wise SC and ST Representatives in India

Table 4.3 gives the clear picture of state-wise proportion of elected SC,

ST and women representatives in Panchayats in India as on 1 March 2013.

132
 Table 4.4

State-wise Proportion of Elected SC, ST and Women Representatives in

Panchayats (Per Cent)
(as on 1 March 2013)
S. No States SC ST Women
1 Andhra Pradesh 18.4 8.3 33.5
2 Arunachal Pradesh NA 100.0 41.6
3 Assam 5.0 3.3 36.9
4 Bihar 16.3 0.8 50.0
5 Chhattisgarh 12.4 40.2 54.5
6 Goa NA 5.9 32.3
7 Gujarat 7.0 20.0 33.0
8 Haryana 21.5 NA 36.5
9 Himachal Pradesh 26.8 4.4 50.1
10 Jammu & Kashmir NA NA NA
11 Jharkhand 11.0 34.1 58.6
12 Karnataka 18.6 10.8 43.6
13 Kerala 4.5 0.6 51.9
14 Madhya Pradesh 15.1 27.3 50.5
15 Maharashtra 10.9 14.9 49.9
16 Manipur 1.2 2.2 48.5
17 Odisha 16.2 22.0 50.0
18 Punjab 32.0 NA 34.9
19 Rajasthan 17.2 12.6 50.0
20 Sikkim 7.0 38.0 50.0
21 Tamil Nadu 24.0 1.0 35.0
22 Tripura 26.6 5.4 36.0
23 Uttar Pradesh 23.9 NA 40.0
24 Uttarakhand 19.9 3.4 56.1
25 West Bengal 34.2 8.1 38.4
All-India 19.4 11.7 46.7
Source: Ministry of Panchayat Raj, Govt. of India
Notes: SC: Scheduled Caste; ST: Scheduled Tribe; NA: not available; All-India includes figures for UTs.

There is no representation for Scheduled Castes in 3 states namely

Arunachal Pradesh, Goa and Jammu & Kashmir. On the other hand, there

is no representation for Scheduled Tribes in four states viz, Punjab, Uttar

Pradesh, Haryana and Jammu & Kashmir. In the same way there is no

representation for women in PRIs in Sikkim, Odisha and Jammu &

Kashmir.

133
References

1. Smitha K.C., “Emerging Women Leadership at the Grassroots: A

Micro-Level Study in Andhra Pradesh” in Sundar Ram D.,(ed) “Role of

Panchayat Raj Institutions in 60 Years of Independent India: Vision for

the Future”, Kanishka Publishers, New Delhi, 2008, p.324.

2. Joshi R.P., and G.S. Narwani, “Panchayat Raj in India: Emerging

Trends Across the States”, Rawat Publications, Jaipur, 2002, p.42.

3. Ibid, p.43.

4. Ibid, p.44.

5. Sundar Ram D.,(ed) “ Panchayati Raj Institutions After 60 Years of

Independent India: Working Towards Decentralisation and Good

Governance”, in Sundar Ram D.,(ed) “Role of Panchayat Raj

Institutions in 60 Years of Independent India: Vision for the Future”,

Kanishka Publishers, New Delhi, 2008, p.366.

6. Prabhat Datta, 'Local Politics, Decentralisation and Poverty Reduction:

Analytical and Methodological Issues', Socialist Perspective, Vol. 32,

No's : 3 & 4, December, 2004 - March 2005, p. 167.

7. Sundar Ram D.,(ed) op.cit., p.367.

8. Ibid, p.367.

9. Ibid, p.368.

10. Ibid, p.368.

11. Ibid, p.369.

12. Ibid, p.370.

134
13. Pramod K. Mishra, “Emerging Challenges on Reservation Policy of

Panchayat Raj Institutions: The Case of Women Representatives in

India”, in Sundar Ram D.,(ed) “Role of Panchayat Raj Institutions in 60

Years of Independent India: Vision for the Future”, Kanishka

Publishers, New Delhi, 2008, p.184.

14. Ibid, p.185

15. Ibid, p.186.

16. Ibid, p.187.

17. Ibid, p.187

18. Ibid, p.188.

19. Sundar Ram D.,(ed) op.cit., p.372

20. Ibid, p.373.

21. Ibid, p.374.

22. Ibid,p.375.

23. 73rd Constitutional Amendment Act 1993, Gazette of India, p.5.

24. Ibid, p.6.

25. Ibid,p.8.

26. Ibid, p.11.

27. Devendra Babu M., “Decentralised Planning in India: Are the

Panchayati Raj Institutions Really Empowered?” in Sundar Ram

D.,(ed) “Role of Panchayat Raj Institutions in 60 Years of Independent

India: Vision for the Future”, Kanishka Publishers, New Delhi, 2008,

p.309.

28. Ibid, p.310

29. Ibid, p.311.

135
30. Bandyopadhyay. D, Panchayats and Democracry in New Issues in

Panchayati Raj, Task Force on Panchayati Raj, Rajiv Gandhi

Foundation Concept Publishing House, New Delhi,2004, p.147.

31. Aslam, M. & Singh, R.P. Evolution of Panchayati Raj and the

Constitutional (73rd Amendment) Act, 1992 in Panchayati Raj. The

context, Panchayati Raj Project material, IGNOU, New Delhi,

1995.p.11.

32. Ibid, p.13.

33. George Mathew, (Ed.) Status of Panchayati Raj in the States of India,

1994, Institute of Social Sciences, Concept Publishing Company, New

Delhi, 1995, P.1.

34. Nandekar, V.G. Local. Government its Role in Development

Administration, Concept Publishing Company, New Delhi, 1979, p.l.

35. Mathur, P.C. "Re-Modelling Panchayati Raj Institution in India", in S.L.

Verma (ed) Panchayati Raj, Gram Swaraj and Federal Polity, Rawat

Publications, Jaipur, 1990, p.72.

36. Altekar, A.S. Ancient India: Administrative System, Bharati Bhandar,

Allahabad, 1948, p.168.

37. Ibid, p.169.

38. Narayan, Shriman, “The Panchayat system of India”, in B.N.Verma

(ed.), Contemporary India, Kanishka Publishers, New delhi,1964,

pp.201-202.

136
39. Joshi R.P., and G.S. Narwani, “Panchayat Raj in India: Emerging

Trends Across the States”, Rawat Publications, Jaipur, 2002, p.169.

40. Ibid, p.169.

41. Ibid, p.171.

42. Ibid, p.172.

137