Introduction to PRIs
The 73rd Constitutional Amendment Act of 1992 marked a watershed moment in India's journey of democratic decentralization, granting constitutional status to Panchayati Raj Institutions (PRIs) and formally establishing local self-government as the third tier of governance.
Adding Part IX ("The Panchayats") and the Eleventh Schedule to the Constitution, this Act sought to address the historical weaknesses of PRIs by ensuring their regularity, representativeness, and financial viability. It mandates a uniform three-tier structure across most states, provides for reservations for marginalized sections, and establishes independent electoral and financial commissions. This Act, along with the subsequent PESA Act, is pivotal for realizing grassroots democracy and fostering inclusive rural development.
Enactment Date: Passed in December 1992, came into force on April 24, 1993. (April 24 is celebrated as National Panchayati Raj Day).
Significance & Objectives of 73rd Amendment
Constitutional Status
Gave constitutional status and protection to Panchayati Raj Institutions, making them a permanent part of India's governance structure.
New Part & Schedule
Inserted new Part IX ("The Panchayats", Articles 243-243O) and added the Eleventh Schedule (29 functional items for Panchayats).
Grassroots Democracy
Strengthened grassroots democracy and democratic decentralization, bringing governance closer to the people.
Institutions of Self-Government
Aimed to enable PRIs to function as effective institutions of self-government, with real powers and responsibilities.
Regularity & Representation
Ensured regularity of elections, representation of weaker sections (SC/ST/Women), and financial autonomy for local bodies.
Fulfilling DPSP (Art 40)
Gave concrete shape and constitutional backing to the Directive Principle of State Policy outlined in Article 40 (Organization of village panchayats).
Salient Features of the 73rd Amendment
Mandates the constitution of a Gram Sabha at the village level. It consists of all registered voters in the area of a village panchayat. Considered the foundation of the Panchayati Raj system, its powers and functions are determined by the State Legislature by law (e.g., approving budget, auditing accounts, overseeing Gram Panchayat).
- Mandatory Three-Tier System (Art 243B): Panchayats at Village, Intermediate, and District levels. States with population < 20 lakhs may not constitute the intermediate level.
- Direct Elections (Art 243C): All members at all three levels are elected directly by the people from territorial constituencies.
- Chairpersons' Election (Art 243C):
- Village Panchayat Chairperson: Elected as per State law (direct or indirect).
- Intermediate & District Chairpersons: Elected indirectly by and from amongst elected members.
- Representation (Art 243C): Chairpersons of lower levels can be members of higher levels. MPs/MLAs/MLCs can also be members at intermediate/district levels if State Legislature provides.
- SCs and STs: Seats reserved in proportion to their population for members and chairpersons at all levels.
- Women: Not less than one-third (1/3rd) of total seats (including SC/ST women seats) reserved for women for members and chairpersons at each level. (Many states have increased to 50%).
- Backward Classes: State Legislature can provide for reservation for backward classes (OBCs) for members and chairpersons.
- Duration (Art 243E): Fixed 5-year term from its first meeting. Elections must be completed before expiry or within six months of premature dissolution. Reconstituted Panchayat serves only for remainder term (unless less than 6 months left).
- Disqualification (Art 243F): Disqualification as per State Legislature law, similar to state legislature elections. Minimum age for contesting Panchayat elections is 21 years.
Mandates the constitution of an independent State Election Commission (SEC) by the Governor. The SEC is responsible for superintendence, direction, and control of electoral rolls and conduct of all Panchayat elections. The State Election Commissioner can be removed only like a High Court Judge, ensuring independence.
Empowers the State Legislature to endow Panchayats with powers and authority necessary to function as institutions of self-government. This includes preparing plans for economic development and social justice, and implementing schemes related to the 29 matters listed in the Eleventh Schedule (e.g., Agriculture, Education, Health, Water, Poverty Alleviation).
- Financial Powers (Art 243H): State Legislature may authorize Panchayats to levy/collect taxes, duties, tolls, fees; assign state taxes; or provide grants-in-aid from Consolidated Fund of State.
- State Finance Commission (SFC) (Art 243-I): Mandates constitution of an SFC by Governor every 5 years to review financial position of Panchayats and recommend on tax distribution between State & Panchayats, grants-in-aid, and measures to improve financial position. (Also for Municipalities).
- Audit of Accounts (Art 243J): State Legislature may make provisions for maintenance and auditing of Panchayat accounts.
- Application to UTs (Art 243L): Provisions apply to UTs as President directs.
- Exempted Areas (Art 243M): Part IX not applicable to Fifth Schedule (Scheduled) Areas, Sixth Schedule (Tribal) Areas, Nagaland, Meghalaya, Mizoram, hill areas in Manipur, Darjeeling Gorkha Hill Council. (PESA Act addresses Fifth Schedule Areas).
- Bar to Court Interference (Art 243-O): Prohibits courts from interfering in electoral matters of Panchayats (delimitation, allotment of seats). Election challenge only via election petition to prescribed authority.
Compulsory vs. Voluntary Provisions
The 73rd Amendment balances uniformity with flexibility for states.
Compulsory Provisions
States are obligated to include these in their Panchayati Raj laws:
- Organisation of Gram Sabha.
- Three-tier system for Panchayats (flexibility for states < 20 lakhs at intermediate level).
- Direct elections to all seats in Panchayats.
- Indirect election for Chairpersons of intermediate and district levels.
- Minimum age for contesting elections: 21 years.
- Reservation for SCs/STs (proportionate) and Women (not less than 1/3rd) for members and chairpersons.
- Fixed 5-year term, with fresh elections within 6 months of dissolution.
- Constitution of an independent State Election Commission (SEC).
- Constitution of a State Finance Commission (SFC) every 5 years.
Voluntary Provisions
States have discretion based on local conditions for these:
- Providing representation to MPs, MLAs, MLCs in Panchayats.
- Making provisions for reservation of seats for backward classes (OBCs).
- Actual devolution of powers and authority (29 items from Eleventh Schedule).
- Authorizing Panchayats to levy, collect, and appropriate taxes, duties, tolls, fees; assigning state taxes; or providing grants-in-aid.
- Deciding the manner of election of Village Panchayat Chairperson (direct or indirect).
PESA Act, 1996: Tribal Self-Rule
As mandated by Article 243M, the provisions of Part IX (73rd Amendment) do not apply to the Fifth Schedule Areas (Scheduled Areas with tribal populations). To address this, Parliament passed the Provisions of the Panchayats (Extension to Scheduled Areas) Act, 1996 (PESA Act), based on the Bhuria Committee (1995) recommendations.
Its objective is to extend Part IX to these Scheduled Areas (currently in 10 states) with modifications, specifically recognizing and safeguarding the traditional rights, customs, and practices of tribal communities, aiming to empower Gram Sabhas for genuine self-rule.
PESA Key Features
- State legislation to be in consonance with customary law, social/religious practices, traditional management practices.
- Gram Sabha is all-powerful: Safeguards traditions, customs, cultural identity, community resources, dispute resolution. Approves plans/projects, identifies beneficiaries, certifies fund utilization.
- Mandatory consultation of Gram Sabha/Panchayat for land acquisition, resettlement/rehabilitation.
- Planning and management of minor water bodies.
- Mandatory recommendations of Gram Sabha/Panchayat for prospecting license/mining lease for minor minerals.
- Power to regulate sale/consumption of intoxicants.
- Ownership of minor forest produce.
- Power to prevent land alienation and restore unlawfully alienated land.
- Control over money lending to STs.
- Control over local plans and resources including tribal sub-plans.
- Reservation of seats for STs not less than half of total seats. All chairperson seats at all levels reserved for STs.
Challenges in PESA Implementation
- Lack of Political Will from state governments to fully devolve powers.
- Inadequate and weak rules framed by many states for PESA's implementation.
- Conflicts and ambiguities with existing Central and State laws (e.g., Forest Rights Act, Mines and Minerals Act, Land Acquisition Act).
- Low awareness among tribal communities about their rights under PESA.
- Bureaucratic Resistance to relinquishing control.
PRIs: Successes, Challenges & Way Forward
Key Successes
Deepened Democracy
Constitutionalization established a true third tier of democracy at the grassroots.
Increased Participation
Huge increase in participation of common people, especially women (over 15 lakh elected reps), SCs, STs.
Local Leadership
Facilitated the emergence and nurturing of a new generation of local leadership.
Infrastructure & Services
Some improvement in local infrastructure (roads, water, sanitation) and delivery of basic services.
Persistent Challenges: The "3 Fs" & Beyond
- Funds: Limited own resources, heavy dependence on state grants, and State Finance Commission recommendations often not fully implemented, leading to fiscal dependency.
- Functions: Inadequate devolution of powers and functions by State Governments. Reluctance to genuinely transfer subjects from the Eleventh Schedule, making PRIs mere implementing agencies.
- Functionaries: Lack of administrative support and capacity due to shortage of dedicated staff, insufficient training, and continued bureaucratic control.
- Political Interference: By MPs/MLAs and state government officials, undermining the autonomy and authority of PRIs.
- Elite Capture & Proxyism: Despite reservations, power often remains concentrated in the hands of traditional elites or is exercised by male relatives of elected women representatives ("Sarpanch Pati" phenomenon).
- Gram Sabha Weakness: Poor infrastructure, lack of awareness, and low citizen participation in Gram Sabhas, limiting direct participatory democracy.
- Parallel Bodies: Creation of parallel bodies by states for specific schemes, bypassing and undermining elected Panchayats.
Way Forward
Genuine Fiscal Decentralization
Ensure adequate and predictable devolution of financial resources, greater taxation powers, and timely implementation of SFC recommendations.
Clear Activity Mapping
Clearly delineate the functions, funds, and functionaries assigned to each tier of Panchayats from the 29 subjects.
Capacity Building
Regular training programs for PRI members (especially women, marginalized) and officials on governance, financial management.
Strengthen Gram Sabhas
Enhance powers, ensure regular, well-attended, and meaningful meetings for greater transparency and participatory planning. Promote social audits.
Leverage Technology
Use digital tools like e-Panchayat, PFMS, SVAMITVA Scheme for improved planning, transparency, and service delivery.
Timely Elections & SFCs
Ensure timely conduct of PRI elections and regular constitution and implementation of SFC recommendations.
PRIs and Sustainable Development Goals (SDGs)
PRIs are crucial for achieving the Sustainable Development Goals (SDGs) at the grassroots level. Their direct engagement with local communities makes them ideal agents for:
- Poverty eradication (SDG 1) & Zero hunger (SDG 2).
- Good health & well-being (SDG 3) & Quality education (SDG 4).
- Gender equality (SDG 5) - due to women's reservation.
- Clean water & sanitation (SDG 6) & Affordable and clean energy (SDG 7).
- Sustainable cities & communities (SDG 11).
The concept of 'Localization of SDGs' emphasizes tailoring global goals to local contexts, and PRIs are the primary vehicles for this.
PRIs' Role During COVID-19
PRIs played a crucial role during the COVID-19 pandemic, especially in rural areas, highlighting their potential as first responders:
- Awareness Generation: Spreading awareness about health protocols, vaccination.
- Service Delivery: Facilitating food distribution, providing essential services, managing community kitchens.
- Quarantine Management: Monitoring home isolation, establishing quarantine centers.
- Data Collection: Assisting in data collection for health surveillance.
Despite challenges like limited funds and health infrastructure, their significance for disaster management and public health at the local level was underscored.