Bihar

Introduction:
Bihar is the third most populous state of India. It was a part of the Bengal Presidency
during the colonial period until 1912. It was then united with Orissa to form a single
province. Later, by the Govt. of India Act, 1935 Bihar became a separate unit and an
independent State. At independence in 1947, the province of Bihar, with the same
geographical boundary, became the State of Bihar, a part of the Republic of India. It was
in 1956 that an area in SE Bihar (Purulia) was separated and incorporated into West
Bengal as part of the Linguistic Reorganisation of Indian States. On 14th November 2000,
a new State of Jharkhand was carved out of the southern part of the State. The present
status of the State has been shown in the table below:

Total area 94,163.00 sq. kms

Rural area 92,257.51 sq. kms
Urban area 1,095.49 sq. kms
Districts 38
Blocks 531
Number of Revenue Villages 45,103
Total Population 8,28,78,796
Literacy 47.53%
Male Literacy 60.32%
Female Literacy 33.57%
(Source: Bhatt and Bhargava, 2005, and http://gov.bih.nic.in/Profile/default.htm)

Being the most ancient republics, namely lichhavi and sakya gantantra that existed in the
State, Bihar is said to have a rich history of local self government. During pre-
independence period, parts of the State were brought within the purview of the Bengal
Local Self-Government Act. Later the Bihar and Orissa Village Administration Act, 1922
enabled the creation of elected union boards and also some elected Panchayats to deal
with petty civil and criminal matters. The installation of popular government in
autonomous provinces in 1935 started to spread new hope for rural people. But the larger
socio-political formations in conjunction with the prevailing Zamindari system hindered
its growth.

Post independence, provision was made to make the district board areas smaller than the
revenue boards by the Bihar Local Self-Government Act. An amendment in 1950 made
provision for elected representatives in local boards. The launching of community
development programme in 1952 accelerated the constitution of Panchayats in the State.
Starting with 25 Panchayats per sub-division in 1952, there were 6474 notified
Panchayats and 2970 unofficial units by 1955. In the same year government decided to
introduce two Panchayat halka systems, by which a karmachari for revenue collection
and a development worker were provided to them. In 1961, the Bihar Panchayat Samiti
and Zila Parishad Act was enacted to create block and district level Panchayats. This Act
was amended in 1964 so as to shift the focus from village to block and district level units.
By 1970, three tier structures were in place all over the State. By then, the scenario of
Panchayats was entering the phase of stagnation, as noted by the Ashok Mehta
Committee and Bihar was no exception.
In pursuance of the 73rd Amendment of the Constitution of India, the Bihar Panchayati
Raj Act was passed in 1993. This was comprehensively revised and repealed in 2006.
The Bihar Panchayati Raj Act 2006 has the unique feature of establishing Nyaya
Panchayat known as Gram Katchaharies – these are meant to secure accessible justice
delivery system at affordable costs at the doorsteps of the rural population.

Elections

Since the enactment of Panchayat Act post independence, elections to Panchayats were
held at regular intervals till 1964. There were only two more instances of elections in the
rest of the period of last century – once in 1971 and then in 1978.

The process of election had been initiated in 1996 according to the provisions of 1993
Act. It had to be stalled in the wake of a judicial order stating that the reservation
provisions for the single seat ‘offices’ – that of chairpersons of Panchayats, were
irrelevant to the Act and unconstitutional. However, a more favourable ruling in the form
of a statement of the honourable court in the year 2000 permitted the holding of elections
in April-May 2001. As per the legal opinion on the matter these elections were held
without the contested reservation clause; the elections also excluded those for the Gram
Katchaharis.

A fresh legislation was enacted in 2006, repealing the Act of 1993, before the next
elections became due. Salient features of the new Act are as follows;

• Reservations of all categories would be under 50 percent.

• The Scheduled Casts and Scheduled Tribes reservation would be in proportion to
their population.
• In all maximum 20 percent reservations would be provided to the backward class
• In all categories 50 percent reservations would be provided for the women
candidates.
• Same pattern and norms, as above, would be followed for the reservation for the
posts of Chairpersons; these would be on the basis of rotation.
• Block level functionaries have been given the power to remove chairpersons of
GPs.
• For conduct of fair and independent election, the State Commission is provided
with special administrative powers to punish the faulty officials involved in
election work.
• All the government officials would be under the control of the State Election
Commission during the election period.

The power of conducting election is vested with State Election Commission. It also has
the powers over settlement of election related disputes, delimitation of constituencies,
operationalisation of reservation, allotment of election symbols, and location of polling
booths. The above powers are exercised by the District Magistrates under the guidance of
State Election Commission as per Bihar Panchayat Election Rules 1995.

A model code of conduct for Panchayats is enforced from the date of the declaration of
the election schedule. The electoral rolls used for Panchayat elections is the Pradeshik
Nirvachan Suchi (regional electoral roll), and are solely based on the Assembly or
Parliamentary Electoral rolls. Though there was no provision earlier for disclosure of
election expenses or filing of annual property statements by the elected representatives,
these have been recently made and will become applicable from the next round of
elections

Elected representative are required to be sworn in within 3 month from the date of their
election, failing which they forfeit their ‘elected status’ unless there are reasonable
ground for such failure. In the eventuality of forfeiture the concerned positions get
declared vacant and become due for elections.

A moratorium of 2 years on no confidence motions from the date of constitution of a new

Panchayats is in place. If the President survives the first no confidence motion, there
cannot be another such motion within the next one year. A remarkable feature of the last
election was the near violence-free elections largely because of some bold and innovative
steps taken by the State Election Commission and the State Government. Creating a
provision that put the onus for violence on the most prominent strongmen of the area and
widely publicising this provision is said to have been a strong factor in such an outcome.

Table 1: Nomenclature used and number of the three tier Panchayati Raj system
Level of Panchayat Name used for each tiers (Presidents)
District Panchayat Zila Parishad (Chairperson/ Adhyakshya)
Intermediate Panchayat Panchayat Samitis (Pramukh)
Village Panchayat Gram Panchayats (Mukhiya)
Source: Government of Bihar

Table 2: Number of Panchayats at each level

Level of Panchayat Number of representatives
District Panchayat 38
Intermediate Panchayat 531
Village Panchayat 8463
Total 9032
Source: Government of Bihar

In the latest elections held in May-June 2006, 50 percent of the elected positions were
reserved for women in all levels of Panchayats, the SC and ST were provided reservation
in proportion to their population and the BCs were provided 20 percent reservation in all
categories of seats. Details of elected representatives of Panchayats held in 2006 as per
reservation provision are as follows (details of candidates won on unreserved seats are
not available):

Table 3: Number of elected representatives at each level

Unreserved SC ST BC Total Women
Members of GP 77186 18898 891 18901 115876 54260
Mukhiyas (Chairperson GP) 5549 1382 68 1464 8463 3784
Panchayat Samiti 7516 1881 91 2078 11566 5371
Pramukh 346 89 04 92 531 237
Zila Parishad members 744 192 09 217 1162 568
Zila Parishad Chairpersons 25 06 00 07 38 18
Panch memebers 77187 18898 891 18900 115876 54448
Sarpanch (Chairperson Gram 5549 1382 68 1464 8463 4013
Katchaharies)
Source: State Election Commission, Bihar

Table 4: Number of vacant seats of Elected Representatives at each level

1.1.07 30.06.07
Gram Panchayat Member 1255 2356
Gram Panchayat Mukhiya 5 59
Panchayat Samiti Member 0 102
Zilla Parishad Member 2 6
Gram Katchahary Sarpanch 2 91
Gram Katchahary Panch 6882 12359
Source: State Profile, Bihar 2006-07

The vacancies are primarily due to non-filing of nominations. This is highest for the post
of Gram Katchahary Panch (Table 4).

Annual Reports:

Panchayats are required to prepare their annual reports, however, publication of an

Annual Report on the State of Panchayats is yet to commence.

Effective Devolution:
Functions:

As per the Act of 2006, 28 out of the 29 subjects listed in the 11th schedule of
Constitution concerning 20 departments are devolved to the Panchayats. The devolved
subjects find expressions in the 31 functions of the Gram Panchayat mentioned in section
22. The 28 functions of the Panchayat Samities are mentioned in section 47, and the 25
functions of the Zilla Parishad are mentioned in Section 73 of the PR Act, 2006.

The State Government has undertaken a fresh round of Activity Mapping for greater
devolution of functions, functionaries and funds to the Panchayats. A sub committee
headed by the Commissioner and Secretary, Rural Development Department has been
constituted for this. This sub committee is to oversee the devolution of the ‘3 Fs’ to the
Panchayats. For this fresh round of activity mapping, only 13 out of 20 concerned
departments had responded; among these 13 departments, 4 are said to have responded
incorrectly.

Functionaries:

Officers posted at the district and block levels of the 20 departments dealing with the 28
subjects have been so placed that they could work with the Panchayats. They are also to
‘assist’ and ‘guide’ the Panchayats in implementation of their functions. The
administrative control of such functionaries including payment of salaries is retained by
the Departments. No evidence could be adduced to suggest investing of any degree of
control by ‘elected representatives’ over the functionaries.
Panchayati Raj Jurisprudence:

No effort has as yet been made to harmonize the laws with State Panchayat Raj Act. An
interesting feature in the Panchayat landscape of the State is the institution of Nyaya
Panchayats, established through elections, known as Gram Katchaharies. Bihar Gram
Katchahari Sanchalan Niyamawali, 2007 has been adopted providing a framework for the
functioning of the Gram Katchaharies. The process of activation of Gram Katchaharies is
presently on. There is provision for Nyaya Mitra and Gram Katchahari Secretary to
assist Panch and Sarpanch. It was learnt that the recruitment of Nyaya Mitras and
Katchhari Secretaries is in an advanced stage. Plans are also afoot for conduct of training
programmes for capacity building of the Panchs and Sarpanchs.

Finances (funds):

Three State Finance Commissions (SFCs) have been constituted till now.
Recommendations of 3rd SFC have been submitted, and accepted by the State
Government. It is reported that funds are devolved to the Panchayats as per the
recommendations of the Central Finance Commission. During the last financial year a
sum of Rs. 324.80 crores has been sent to the Panchayats in the ratio of 92:6:2 for Gram
Panchayats, Panchayat Samities and Zilla Parishad respectively. A sub committee for the
effective devolution of finances of different departments has been made under the
chairmanship of the Finance Commissioner. The funds of centrally sponsored schemes
like the NREGS are also transferred to the Panchayats as per the instruction of the
schemes. In case of NREGS, 50 percent of total fund is made available to the Gram
Panchayat, 30 percent to the Panchayat Samiti and 20 per cent to the Zilla Parishad.

There is as yet no district sector or Panchayat window in the State budget. The sub
committee headed by the Finance Commissioner is to recommend a mechanism for
smooth transfer of funds to Panchayats through the State’s budget; it will be in
consultation with the Accountant General. The PR department is to prepare a blueprint
for accounting practices and building of staff capacity in this regard.

It is also reported that the Government is currently seized with the mater of creating rules
for the Panchayats’ own revenue domain.

Audit:

The State Profile mentions that the Government has accepted the TGS system of the
CAG and the recommended accounting formats. The accounts of Panchayats are being
audited by the local accounts examiner from the office of the Auditor General of Bihar.

The internal audit system is extremely weak and there is no separate audit wing for the
Panchayats. The State has also not adopted any relevant Fiscal Responsibility Act. There
is also no separate Public Accounts Committees (PACs) to review the audit paras of the
Panchayats.

It is reported that a proposal for inducting/ engaging chartered accountants for internal
audit of Panchayats is under consideration. Panchayat accounts are maintained by the
Mukhiyas and Panchayat Sevaks. Normally one Panchayat Sevak caters to several
Panchayats. The responsibility is also not outsourced as in some other places.
Admittedly, this is an under-resourced situation from a point of view of personnel
capacity. Thus it would be difficult to assume updated status of Panchayat accounts. The
extent of automation and computerization of Panchayat accounts is negligible.

Capacity Building and Training:

SIRD (BIPARD) is the nodal agency for training and capacity building. It is reported that
the State Government provides training through District Panchayat Officers. Efforts are
being made to strengthen the Panchayati Raj Training Institutes especially located at
divisional head quarters. Financial grant of Rs. 100 lakh have been provided to these
institutes for strengthening of their facilities under BRGF. At other levels, NGOs are
providing training at their own initiatives for about two days. Two NGOs, namely,
CENCORED and THP (The Hunger Project) are conducting functional literacy courses,
especially for the women elected representatives. No common curriculum has been
adopted. The training curriculum used by NGOs is mostly awareness creation regarding
the provisions of the Act and functions, roles and responsibilities of elected
representatives. Innovative training strategies include participatory simulation, role-play,
group discussion, debriefing exercises, and play simulation. There are federations of
Mukhiyas and Pramukhs in each district, but none particularly for women members. At
some places Panchayat members have also become resource persons for training.

Elected representatives lack skill, leading to negligence in their work and ultimately end
facing legal action..

Different training programmes are conducted by NGOs like CENCORED namely Kishori
Panchayat in which traditional promotional tools like ethnic songs are made based on
rules for better understanding of the same. Even computer literacy programme with
package of 30 days literacy based on simple language are being used to train the
representatives.

IT enabled Panchayats:

Computer at gram Panchayat level is presently not available, but at intermediate level it
has been provided under BRGF. Net connectivity is also proposed for the intermediate
and Zilla level Panchayats under Bihar State Wide Area Network (BSWAN). For Gram
Panchayats common service centres have been proposed to be set up through public-
private partnership.

For supporting decentralised planning, it is proposed to use the Plan Plus software to
monitor schemes, Action Plus software to be used at all levels of Panchayats. Pria Soft is
being customised by NIC for using it to streamline the accounting processes. Large scale
training of Panchayat personnel for e-governance will be taken up under BRGF.
Instructions have been issued to CEOs of Zila Parishads for uploading of data on
Panchayat portal. Data uploading will be done through Block Informatics Centers and
through Common Service Centers (at Gram Panchayat level).
Functioning of Panchayats as Institutions of Self-government:
Gram Sabha and Social Audit:

Powers and responsibilities of the Gram Sabhas (listed as functions) in the Bihar
Panchayati Raj Act 2006 are as follows:

o Identification and selection of area specific schemes.

o Compilation and preparation of Gram Panchayat specific work plan.
o Identification of beneficiaries for the implementation of developmental schemes
pertaining to the village. If the Gram Sabha fails to identify the beneficiaries
within a reasonable time, the Gram Panchayat shall identify the beneficiaries;
o Rendering assistance in the implementation of developmental schemes pertaining
to the village.
o Supervision and monitoring of implementation of schemes at the Gram
Panchayat Level.
o Seeking clarification from Mukhiyas, Up-Mukhiyas and other members of the
Gram Panchayats about any particular activity, scheme income and expenditure.
o To review reports of the vigilance committee.

Sections 3, 4 and 5 of the Bihar Panchayati Raj Rules provide for the guidelines
regarding the conduct of Gram Sabha. There is no provision for the Ward Sabha. The
Gram Sabha meets at intervals of a maximum of three months, i.e., four times in a year. It
can meet more frequently in special circumstances. There are no fixed days of meeting,
though circular instructions suggest that they meet on 26th January, 1st May, 15th August
and 2nd October. The Quorum for a meeting is one-twentieth of the total members of the
Gram Sabha. If at the time appointed for the meeting a quorum is not complete or if the
meeting has begun and attention is drawn towards lack of quorum, the presiding authority
shall wait for one hour and if within such period the quorum is not complete, the
presiding authority shall adjourn the meeting to such time on the following day or to
another day.. The business which could not be considered at the meeting so postponed for
want of quorum shall be brought before and disposed of at the subsequent adjourned
meeting or meetings for which a quorum of one fortieth of the total members of the Gram
Sabha shall be required.There are no special provision regarding quorum in respect of
women, SC/ST, landless labourers, etc. Under the Act there is no provision for Mahila
Sabha meetings. The Gram Sabha may form one or more vigilance committee(s)
consisting of persons who are not members of the Gram Panchayat, to supervise the
Gram Panchayat works, schemes and other activities relating to that village and to put up
reports related to them in its meetings. Every meeting of the Gram Sabha shall be
presided over by the Mukhiya of the concerned Gram Panchayat and in his absence by
the Up-Mukhiya. The supervisory officers of Panchayat Samiti or any government
servant deputed by the Block Development Officers attends the Gram Sabha meeting
from Block level officials. The proceeding of the Gram Sabha meeting is to be prepared
by the concerned Panchayat secretary and issued under the signature of the Mukhiya of
Gram Panchayat. This is then to be communicated to the Block Office.

The actual conduct of Gram Sabhas is beset with many challenges. First, there are often
not enough people to fulfil the quorum requirements. Second, managing a meeting in
which people with multiple and contending interests come together is itself a challenge.
However, given that the onus of conduct of Gram Sabha lies with the Mukhiya/ GP with
consequent disciplinary action, there are pressures felt to show, at least on paper, that
these Gram Sahbas are held. There are reported instances of signatures being obtained
from persons who did not attend the Gram Sabha.

Often the manner of requirements communicated from block and district level officials
about holding of Gram Sabhas for special purposes, within stipulated time limits, creates
its own dynamics, not in the best interest of the Panchayats.

There are provisions for social audit through vigilance committee in section 10 of BPR
Act 2006. The preparation of rules and guidelines of the same are under the active
consideration of the state government.

Reservation for SCs, STs, and BCs:

As per the Act of 2006, the SC and ST were provided reservation in proportion to their
population and the BCs were provided as nearly as but not exceeding 20 percent
reservation in all categories of seats. Details of elected representatives of Panchayats held
in 2006 as per reservation provision are given in Table 5. Here provision has been made
so that the total reservation for SCs, STs, and BCs are as nearly as but not exceeding fifty
percent of the total seats. Such reserved seats shall be allocated by rotation to different
Panchayat under the direction, control and supervision of the State Election Commission
in the manner prescribed by it. Details of candidates won on unreserved seats are not
available.

Table 5: Reservation in Panchayats (figure in brackets shows the number of women

representatives)
Unreserved SC ST BC Total
Members of 77186(36423) 18898(9475) 891(305) 18901(8057) 115876(54260)
GP
Mukhiyas 5549(2611) 1382(561) 68(17) 1464(595) 8463(3784)
(Chairperson
GP)
Panchayat 7516(3602) 1881(808) 91(40) 2078(921) 11566(5371)
Samiti
Pramukh 346(164) 89(36) 04(00) 92(37) 531(237)
Zila Parishad 744(381) 192(85) 09(02) 217(100) 1162(568)
members
Zila Parishad 25(12) 06(03) 00 07(03) 38(18)
Chairpersons
Panch 77187(36501) 18898(9033) 891(534) 18900(8380) 115876(54448)
memebers
Sarpanch 5549(2631) 1382(654) 68(49) 1464(679) 8463(4013)
(Chairperson
Gram
Katchaharies)
Source: State Election Commission, Bihar

Reservations for SCs and STs in Panchayats are made in accordance with their
percentage of population in Panchayats.
There are instances of proxy candidates, working on behalf of some influential people
from the Panchayat. However, these are low in proportion. Apart from it, there are issues
related with reservation based on rotation.

Reservation for Women:

As per the Act of 2006, 50 percent of the elected positions are reserved for women at all
levels of Panchayats. Details of women elected representatives of Panchayats held in
2006 as per reservation provision are given in Table 5. Due to several seats remaining un
filled, the actual proportion of women does not measure up to 50%. It ranges from lowest
in Mukhiyas category at 44.7 percent to highest 48.8 percent for Zila Parishad members.
Share of women representatives among total elected representatives of Panchayats at
each tier works out to 47 percent. Here provision has been made that total reservation for
women are as nearly as but not exceeding fifty percent of the total seats including seats
reserved for SCs, STs,and BCs. Such reserved seats shall be allotted by rotation to
different Panchayats under the direction, control and supervision of the State Election
Commission in the manner prescribed by it. No information could be ascertained about
women candidates getting elected from ‘unreserved’ or general seats.

Reservation is rotated at the time of Panchayat election, i.e., every five years. The two-
child norm is not in force. No special safeguards are available against the removal of
women Presidents.

It is found that many of the women are elected because of the status of their male
relatives. Such women seemingly function as proxies for their male relations. Also, in
some cases, it is noticed that the husbands had been Panchayat representatives earlier and
when the seats was reserved for women, the husbands put their efforts and got their wives
elected. These observations must be put in perspective; it only holds up a mirror of the
present. By no means it is how things should be; on the contrary, based on instances such
as those narrated in the next paragraph one could expect things to change in a more
gender-positive and just way in years to come as the State builds up greater experience
with ‘women in governance positions’.

There are also instances of positive and self-determinate role played by women elected
representatives. In general wherever women’s participation has been good, greater
interest in matters of more immediate local concern – like drinking water, health, and
schools, has resulted. In most instances, if not all, civil society organisations have
seemingly played a positive role of accompaniment of such elected women
representatives.

Planning and Implementation:

The State Act provides for constitution of standing committees in all tiers of Panchayats.
A Gram Panchayat shall constitute six standing committees, Zila Parishad and Panchayat
Samiti shall have seven committees by election from among elected members. Provisions
of five standing committees are same for all tiers of Panchayats namely:
 a) Production Committee - for performing functions relating to agriculture, animal
husbandry, dairy, poultry and fisheries, forestry-related areas, khadi, village and
cottage industries and poverty alleviation programmes.

b) Social Justice Committee: for performing functions relating to:

i. Promotion of educational, economic, social, cultural and other interests of
Scheduled Castes, Scheduled Tribes and other weaker sections.
ii. Protection of such castes and classes from social injustice and all forms of
exploitation.
iii. Welfare of women and children.

c) Education Committee - for performing functions relating to education, including

primary, secondary and mass education, libraries and cultural activities.

d) Committee on Public Health, Family Welfare and Rural Sanitation - for

performing functions relating to public health, family welfare and rural sanitation.

e) Public Works Committee - for performing functions relating to all kinds of

constructions and maintenance including rural housing, sources of water supply,
roads and other means of communication, rural electrification and related works.

Apart from above mentioned five standing committees Gram Panchayats are to constitute
one more committee namely, Planning, Co-ordination and Finance Committee, for
performing general functions relating to Gram Panchayat including subjects mentioned in
section 22, co-ordination of the work of other committees and all residuary functions not
under the charge of other committees.

Zila Parishad and Panchayat Samiti are to constitute two more committees in addition to
above mentioned five standing committees. These are the (1) General Standing
Committee and (2) Finance, Audit and Planning Committee,

Provisions relating to Standing Committees of Panchayats also include norms for their
composition. Some of these are as follows;

1. Each committee should consist of not less than three and not more than five
members including the chairman from among the elected members. Each
committee could co-opt not more than two members from among experts or
public spirited persons for effective discharge of its responsibilities.

As far as possible, no elected member of the Panchayat should serve on more than
three committees.

2. The Mukhiya shall be the ex-officio member and chairman of the Planning, Co-
ordination and Finance Committee and shall nominate a chairman to each
committee from among its elected members. Mukhiya shall not hold charge of
chairman of more than three committees including the Planning, Co-ordination
and Finance Committee.

3. For the two upper tiers, respective chairpersons should be the ex-officio member
and chairman of the General Standing Sommittee and the Finance, Audit and
 Planning Committee and should nominate a chairperson for each of the other
committees. The respective chairpersons should not hold charge of chairman of
more than three committees including the two mentioned here. Apart from it, at
intermediate level the Up Pramukh should be the chairperson of the Social Justice
Committee.

4. It is further provided that every committee must have at least one woman member
and the Social Justice Committee must have a member belonging to the SC or ST
communities, subject to their presence in the Panchayat are.

5. The Gram Panchayat Secretary is to act as the Secretary of the Planning, Co-
ordination and Finance Committee. For other committees of the GP, the District
Magistrate or some other official authorised by her/him shall nominate officials to
function as the Secretaries.

6. In the Panchayats at intermediate and district tiers, the respective Executive

Officers are to act as the ex-officio Secretaries of the General Standing
Committee, and the Finance, Audit and Planning Standing Committees. For the
other committees, the provision is similar to that for the Gram Panchayats. Such
officials nominated as Secretaries should ordinarily be from the related
department.

The Gram Panchayat Chairperson (Mukhiya) is directly elected. This, by design,

precludes the possibility of the Mukhiyas functioning as ‘chairperson in council’. During
visits to Panchayats and discussions with elected representatives as well as ordinary
residents it was learnt that the functioning of Mukhiyas was akin to the ‘Presidential
system’. There appeared to be a void in comprehending the roles of other elected
members. In a complaining voice, many said that they were needed by the Mukhiya only
to affix signatures on resolutions of the Gram Panchayat.

There is no provision of salary and other facilities to Panchayat elected representatives.

Though these are early times for the Panchayats in the State, the signs are unmistakably
those of being ‘agencies’ of the State and Union Government initiatives and schemes. As
yet, there is very little visibility by way of local determination on matters either of
governance or development. The implementation of NREGS has given enormous
responsibilities to the Gram Panchayats. In the prevailing ‘presidential system’ such
responsibilities are largely being shouldered by the Mukhiyas single-handedly.

Panchayats are reportedly preparing their work plans, rather than a consolidated plan of
all works for adoption in their areas and as building blocks for the district plan. Actual
data/ information on or status of planning by Panchayats could not be accessed. However,
the official norms in this regard are as given in Table 6.

Table 6: Financial competencies of Panchayats in Planning

Level of panchayats Limit of budget to plan (in Rs.)
Gram Panchayat Up to 5 lakh
Intermediate Panchayat 5-10 lakh
Zila Parishad More than 10 lakh
Parallel Bodies:

DRDAs have not been merged with the Panchayats. The Water User’s Association, the
Mahila Samakhya Groups etc. are all independent from the Panchayats. Parallel bodies
continue to exist and flourish in the State.

Conclusion:

A number of factors combined to halt the progress with devolution and strengthening of
Panchayats in the State after the enactment of the 73rd Constitutional Amendment. The
first election in this phase was held in 2001 and the second in 2006. And it was only with
the election of 2006 that Panchayats have been constituted with all the provisions of the
Constitution. Thus, it would be defensible to state that the post 73rd CAA Panchayats in
Bihar are in their infancy today.

The fact that the 2006 elections were almost violence free and did not get embroiled in
any kind of dispute is a major achievement for the State. Second, the initiative of the
State in reserving 50 percent of the elected seats at all levels of Panchayats must be noted
for its boldness. This is one aspect on which the State could be a trailblazer much to the
delight of the whole nation.

The 2006 elections seem to have thrown up a small proportion of young Panchayat
leaders, especially at the Gram Panchayat and the Gram Katchahary level. Based on our
very small sample we believe that these young leaders bring a seriousness of purpose and
a whole lot of energy to governance and developmental issues at the ground level. The
President of Gram Panchayat is directly elected. While this creates a special sense among
the Mukhiyas (as they are called), it leaves a vacuum in contemplating the role and
functions of other elected representatives of the Gram Panchayat. This, to a large extent,
is an issue of design of institutions as specified in the relevant Act.

The State seems to be joining the devolution journey only now. There is a seriousness of
purpose evident and that is most noteworthy. As a late starter the State could profit from
the experiences of others while also building on its own rich history and recent
experiences.

Acknowledgements:

The State Profile 2007, prepared by the State of Bihar and shared by MoPR, is used as the base
for preparing this report. This has been supplemented with comments and observations, from the
civil society workshop, consultations with the State Panchayati Raj Department officials and field
visit to the Panchayats. We acknowledge the help and support received from the Ministry of
Panchayati Raj, of both the Union and State Governments. We are grateful to the Panchayat
leaders and officials of the State Panchayati Raj Department we met during our visit to the State
for sparing their invaluable time and providing the required information. We thank, CENCORED,
Patna for collaborating with us in co-hosting the Civil Society Workshop. We also thank all
participants of the workshop for sharing their observations and views relating to functioning of
Panchayats. Finally, we thank the anonymous reviewers who have provided feedback on the
report. We understand that there could be shortcomings and deficits in this effort and we alone
are responsible for this. We shall appreciate comments and suggestions from readers for
improvements in future. These could be sent to sopr@irma.ac.in or to the Centre for Local
Governance, Institute of Rural Management, Post Box – 60, Anand – 388001, Gujarat.

References:

Bhatt, S. C. and G. K. Bhargava. (ed.). 2005. Land and People of Indian states and Union
Territories: Bihar, Delhi: Kalpaz Publications

Bihar Panchayat Raj Ordinance, 2006

Bihar Panchayat Election Rules, 2006

CENCORED, 2008. ‘Status of devolution and functioning of Panchayats as local self

government in Bihar’, Report of Civil Society Workshop held on 19th February, 2008 in
Patna, Organised jointly by Institute of Rural Management, Anand and CENCORED,
Patna: SCADA Center.

GOI, 2006. ‘State profile: Bihar’. in MoPR (ed.), The State of Panchayats, A mid-term
Review and Appraisal- Volume 2, pp. 78-84. Ministry of Panchayati Raj, New Delhi:
Government of India.

Sinha Anil K, 2008. ‘Bihar Panchayat Raj: Law and Legislation’, Patna: Eastern Book
Agency.

Sinha K.K., 2000. ‘Status of Panchayati Raj in the States and Union Territories of India:
Bihar’, in G. Mathew (ed.), Status of Panchayati Raj in the States and Union Territories
of India, pp. 77-87, New Delhi: Institute of Social Sciences.

http://gov.bih.nic.in/Profile/default.htm (last visited 22/3/2008).