Notes On Law of Local Self Governement

NOTES ON
LAW OF LOCAL SELF GOVERNMENT

For
8th Semester BBA LLB(Hons.)
Prepared By on 10/02/2018
AJAY RATNAN
9/5 BBA LLB(Hons.)
GOVERNMENT LAW COLLEGE, KOZHIKODE
CONTENTS
Title Page No.
CHAPTER 1 2-23
CHAPTER 2 24-37
CHAPTER 3 38-51
CHAPTER 4 52-77
CHAPTER 5 78-103
Disclaimer: This document is a compilation of extracts from various sources. The material is intended for
personal use and for educational purposes only (Free of charge). Reproduction of the material for any
purposes other than what is intended is prohibited. Use this material at your own risk. Although the author
and publisher have made every effort to ensure that the information in this document was correct, the author
and publisher do not assume and hereby disclaim any liability to any party for any loss, damage, or
disruption caused by errors or omissions, whether such errors or omissions result from negligence, accident,
or any other cause.
NOTES ON LAW OF LOCAL SELF GOVERNMENT
CHAPTER 1
Local Government System in the Legal Structure – Powers & Functions – Governmental &
Judicial Control over Local Government.
LOCAL GOVERNMENT SYSTEM IN THE LEGAL STRUCTURE
The concept of Local Self- Government emerges from man’s basic urge for liberty, the power
to make decisions and to uplift the society as per the needs of the respective communities.
Local Self- Governments are those bodies that look after the administration of an area or a
small community such as a village, a town or a city. Local Self-Government operates at the
lowest level of society. It works at the grass-root level, close to the people, touching their
everyday life. Local Self-Government is the management of local affairs by such local bodies
who have been elected by the local people. These local bodies provide services to the local
community as well as acts as an instrument of democratic self-government. Local Self-
Government is a form of government that has no share in sovereignty and is thus entirely
subordinate to central authority or, in a federal system, to state or regional authority. This level
of government is recognised by the people as they are close to the citizen and involve them in
the decision-making process.
The jurisdiction of a Local Government is limited to a specific area, a village or a city, and its
functions relate to the provision of civic amenities to the population living within that area.
According to V.V. Rao, Local Government is “that part of the government which deals mainly
with local affairs, administered by authorities subordinate to the state government but elected
independently of the state authority by the qualified residents”. In simple language it may be
said that a Local Government is a statutory authority in a specified local area having the power
to raise revenue through taxes for the performance of local services like sanitation, education,
water supply, etc. It is constituted by elected representatives of the local people and enjoys
considerable autonomy from state or central control sufficient to enable it to perform its
services adequately.
Characteristics of Local Government
(a) Local Area: - Local Government unit, as far as its jurisdiction is concerned, has a well-
defined area which is fixed by the concerned state government. This area can be termed as a
city, a town or a village,
Page | 2
Prepared By
Ajay Ratnan
(b) Local Authority: - The administration of a particular locality is run by an authority or by

a body of persons who are elected directly by the people residing in that particular area. The
authority which includes the elected representatives of the people is responsible for
management of local affairs in that area,
(c) Civic Amenities for Local Inhabitants: - The primary objective of Local Government is
to provide certain civic amenities to the people at their door-steps. The provision of these civic
amenities ensures the healthy living of local community,
(d) Local Autonomy: - Local autonomy means the freedom of the Local Government to decide
and act in the sphere of activities and functions allotted to them by the statutes under which
they are created,
(e) Local Accountability: - Local Government units which are created to provide civic
amenities to the people are accountable to the local people. The people of a local area keep a
watch on local authorities to ensure effective performance of their functions,
(f) Local Finance: - In order to perform its functions effectively, it is necessary that every local
government unit is provided with adequate finances. The services provided to the local
inhabitants are largely financed out of finance raised locally. The local inhabitants are required
to pay taxes imposed by the concerned local authority. The Central Government and State
Government also render them financial aid through a system of grants-in-aid and permission
to raise loans to enable them to perform the tasks assigned to them,
(g) Local Participation: - The success or failure of developmental plans at the local level
depends upon the active participation of local people for whom these plans are made. If the
goals of development have to be achieved, people’s participation is a prerequisite for it,
(h)Local Leadership: - The people who come under the purview of Local Government,
especially those living in rural areas, are generally inexperienced and unaware about the
functioning of local bodies, strong leadership, therefore, needs to be provided to those people,
this leadership is provided to the people from the local area in the shape of elected
representatives and,
(i) Local Development: - Local Government is concerned with the overall development of the
people living within its area. Every activity of Local Government is aimed at local
development.
Page | 3
Prepared By
Ajay Ratnan
The practice of Local Self-Government embraces a number of concepts viz., ‘Delegation’,

‘Devolution’, ‘Deconcentration’ and ‘Decentralisation’.
Delegation- The central idea of delegation is the transfer of power, authority and responsibility
to someone. It is the transfer of certain functions to sub-national levels to be performed on an
agency basis. It refers to relation where powers are formally conferred under law, as by the
constitution itself or by the legislative body to an executive agency or by an administrator to a
subordinate, and from one level of government to another.
Devolution- Devolution is the transfer of power from central government to subordinate

regional institutions. It means grant of power by an upper level of government to a lower one.
In contrast to federalism, where each tier has protected areas of power, a devolved government
remains constitutionally subordinate to the government which gave it its power. Devolution
involves the transfer of functions, resources and power to sub-national levels of government
whereby sub-national governments assume full responsibility and public accountability for
decentralised functions.
Deconcentration- Deconcentration occurs when central government disperses its officials to

sub-national levels to carry out regular functions under the authority of central government.
There is no transfer of power to sub-national levels of government. It can merely shift
responsibilities from central government officials in the capital city to those working in regions,
provinces or districts, or it can create strong field administration or local administrative
capacity under the supervision of central government ministries.
Decentralisation- Decentralisation is usually understood to the expansion of local autonomy

through the transfer of powers and responsibilities away from national bodies. Decentralisation
is defined as the delegation and devolution of functions, resources and authority from central
government to regional councils and local authorities. It means the devolution of power and
competence to independent governments below central government level. Decentralisation is
a process of sharing of part of the governmental power by a central ruling group with other
groups, each having authority within a specified area of the state. The scope of decentralisation
includes sub-divisions of the state’s territory into smaller areas and creation of political and
administrative institutions in those areas.
The process of decentralisation involves a power shift i.e., role, authority and responsibility in
the direction (a) from centre to state, (b) from state to districts downwards to the units of local
Page | 4
Prepared By
Ajay Ratnan
self –government leading ultimately to people’s participation in self-management, and c) a

horizontal power shift from appointed executives to the elected representatives of people.
Decentralisation enables full involvement of the people of grassroots in the process of decision
making, planning and implementation for the development of their area.
Democratic Decentralisation
Democratic decentralisation is that process of decentralisation which conforms to the basic

tenets of democracy. It implies a council of elected representatives at the decentralised level of
administration which would be accountable to its electorate. Elections to these councils may
be direct or indirect. Democratic decentralisation seeks to widen the areas of people’s
participation, authority and autonomy through dispersal of powers. It is the very base of the
development of the people at the grass roots level. Democratic decentralisation offers
opportunities to the people at grassroots level to participate in decision making. The concept
of democratic decentralisation is intimately associated with the idea of Local Self-
Government. Democratic decentralisation is a political ideal and Local Self Government is its
institutional form. The institution of Local Self-government includes both rural and urban local
bodies. In India, the Panchayati Raj Institutions (Rural) and the Municipal bodies (Urban)
provide institutional frameworks for democratic decentralisation. The Constitution provides a
clear mandate for democratic decentralisation not only through the Directive Principles of State
Policy which exhorts the State to promote Panchayati Raj Institutions but more specifically
now through the 73rd and 74th Amendments of the Constitution.
The 73rd and the 74th Constitutional Amendment Acts, 1992 enjoin upon the states to establish
a three-tier system of Panchayats at the village, intermediate and district levels and
Municipalities in the urban areas respectively. States are expected to devolve adequate powers,
responsibilities and finances upon these bodies so as to enable them to prepare plans and
implement schemes for economic development and social justice. These Acts provide a basic
framework of decentralisation of powers and authorities to the Panchayati Raj/Municipal
bodies at different levels. However, responsibility for giving it a practical shape rests with the
States. States are expected to act in accordance with the spirit of the Acts for establishing a
strong and viable system of Local Self-Government. The 73rd and 74th Amendments to the
Constitution of India constitute a new chapter in the process of democratic decentralisation in
India. In terms of these Amendments, the responsibility for taking decisions regarding activities
at the grass-root level which affect people's lives directly would rest upon the elected members
Page | 5
Prepared By
Ajay Ratnan
of the people themselves. By making regular elections to Panchayati Raj/Municipal bodies

mandatory, these institutions have been given their due place in the democratic setup of our
country.
Local Self- Governments in India, both Rural and Urban, has seen many ups and downs. But
after the 73rd and 74th Constitutional Amendments, 1992, Local Self Government in India got
a new life, as it is enshrined in the Constitution of India like the two upper levels of
governments i.e., Central and State Governments. Local Self-Government is the third stratum
of Government, the first two being the Central and the State Governments. Presently, Rural
Self Government i.e., Panchayati Raj system is working in accordance with the 73rd
Constitutional Amendment Act and Urban Self Government i.e., Municipal Bodies is working
in accordance with the 74thConstitutional Amendment Act.
Following the enactment of the 73rd Amendment Act, 1992, almost all the States in India
passed legislation in conformity with the provisions of the 73rd Amendment Act. There are
some States which have two tier Panchayats – one at the village level and second at the district
level. And there are also other States where Panchayati Raj Institution is a three-tier system-
Gram/ Gaon Panchayat as first level, Samiti, Mandal or Anchalik or Taluk or Block or Janapad
or Union or Kshetra as second level and Zilla or District as the third level.
At the rural level the Gaon Sabha constitutes the foundation of the Panchayati Raj system.
Gaon Sabha performs the functions and powers entrusted to it by the state legislatures. The
73rd Amendment Act aims to provide three tier systems in the Local Self Government
constituted through elections held regularly every five years. The Act also provides reservation
of seats for Scheduled Castes, Scheduled Tribes and Women. Moreover, the Act provides for
a State Finance Commission to make recommendations regarding the financial powers of the
Panchayats and to constitute District Planning Committee to prepare draft development plan
for the district. Provision has also been made to constitute a State Election Commission in
every state to supervise, direct and control the regular and smooth elections to Panchayat
bodies.
The 74th Constitutional Amendment Act, 1992, proposes to constitute a uniform structure of
Municipal Corporations, Municipal Councils and Nagar Panchayats in transitional areas. This
Act granted the Urban Local Government a constitutional status. Presently, the Urban Local
Government has three categories-(a) Nagar Panchayat for a transitional area, i.e., an area in
Page | 6
Prepared By
Ajay Ratnan
transition from a rural to an urban area, (b) Municipal Council for smaller urban area and (c)
Municipal Corporation for a large urban area. An area is designated as ‘a transitional area’ or
a smaller urban area’ or ‘a larger urban area’ on the basis of size and density of population of
that area, the revenue generated for local administration, the percentage of employment in non-
agricultural activities, the economic importance or such other factors. The Governor of a state
can provide, by a notification that a Municipality may not be created in an industrial township
if the municipal services are provided by an industrial establishment. Another type of town
which does not come within the scope of above categories is the army cantonment. If any towns
have come up around the army stations, the management boards for these towns are established
and these are controlled by the Defence Department. These are known as Cantonment Boards.
The seats in the Municipalities are filled by persons who are elected directly by the people from
the territorial constituencies within the municipal area. These territorial constituencies are
known as wards.
Provisions for Women in the 73rd and 74th Constitutional Amendment Acts
The 73rd and 74th Constitutional Amendment Acts are the landmarks in the history of women’s
development in India as these Acts are revolutionary steps towards women’s participation in
decision making and in the political process of our country. In order to ensure empowerment
of women in political arena the 73rd and 74th Constitutional Amendment Acts provided 33%
reservation of seats for women in all Rural and Urban local elected bodies. The Constitutional
73rd Amendment Act, Article 243-D (3) provides that not less than one-third of the total
number of seats to be filled by direct election in every Panchayat shall be reserved for women
and such seats may be allotted by rotation to different constituencies in a Panchayat. Article
243-D (4) provides that the offices of the Chairpersons in the Panchayats at the village or any
other level shall also be reserved for women and such reservation shall not be less than one
third of their total number of offices of the Chairperson in the Panchayats. The Constitutional
74th Amendment Act, Article 243-T (3) provides that not less than one-third of the total
number of seats to be filled by direct election in every Municipality shall be reserved for women
and such seats may be allotted by rotation to different constituencies in a Municipality. Article
243-T (4) provides that the offices of the Chairpersons in the Municipalities shall also be
reserved for women and such reservation shall not be less than one third of their total number
of offices of the Chairpersons in the Municipalities.
Page | 7
Prepared By
Ajay Ratnan
Panchayati Raj
Following the 73rd Amendment, all states now have a uniform three tier Panchayati Raj
structure as −
• Gram Panchayat − At the bottom level;

• Mandal (also known as Block or Taluka) − Intermediary level; and
• Zilla Panchayat − At the top level.
❖ A Gram Panchayat covers a village or group of villages.
❖ The intermediary level is the Mandal covers Block (i.e. a group of gram panchayat).
❖ The Zilla Panchayat covers the entire rural area of the District.
❖ All the three levels of Panchayati Raj Institutions are elected directly by the people for five
years term.
❖ One-third of the positions in all panchayat institutions are reserved for the women.
❖ Twenty-nine subjects (of 11th Schedule of the Constitution), which were earlier in the State
list, are transferred to the Panchayati Raj Institutions.
❖ The 73rd Amendment was not made applicable to the areas inhabited by the
Adivasi populations in many states of India; however, a separate provision was
passed in 1996 for these areas.
❖ The State government is required to appoint a State Election Commissioner

(independent of Election Commission of India) who would be responsible for
conducting elections in the Panchayati Raj Institutions.
Page | 8
Prepared By
Ajay Ratnan
❖ The state government is required to appoint a State Finance Commission once in

five years.
Nagarpalika
The 74th Amendment dealt with urban local bodies (Nagarpalikas or Municipality).
The Census of India defines an urban area as −
• A minimum population of 5,000;

• At least 75% of male working population engaged in non-agricultural occupations, and
• A density of population is at least 400 persons per sq. km.
❖ As per the 2011 census (provisional data), about 31 percent of India’s population lives in
urban areas.
❖ Many provisions of 74th Amendment are similar to 73rd Amendment.
❖ The functions of Nagarpalika have been listed in the Twelfth Schedule of the Constitution.
❖ The Indian population has 16.2 percent Scheduled Castes (SC) and 8.2 per cent Scheduled
Tribes (ST) and accordingly, the seats for both SC and ST are reserved in local government.
Dimensions of The Concepts of Local Government
The concept of local government thus is multi-dimensional. It has been pointed out that it is
basically an organized social entity with a feeling of oneness. The local government is an
integrant of the political mechanism for governance in a country. As a body corporate with
juristic person, it represents a legal concept.
The legal dimension of the Local Government presents two things one, it is the agent of state
and as much, represents public interest. In the capacity of the agent of state, it exercises a part
of the sovereignty of the state delegated to it within its geographical boundaries. Two, it is a
self-governing institution. In this capacity, it must exhibit three qualifications, which are
Page | 9
Prepared By
Ajay Ratnan
explained as: -
In Nutshell, it can be pointed out that legally, the local authorities can be described as creatures
of government. Not only this, but, the contention that local self-government is an inherent right
of local people is no longer held valid. The developing countries, that lack wrong traditions for
grassroots democracy do not present a happy picture25 In India, the local bodies have been
dissolved or superseded frequently. This shows the tendency of the higher level of government
to destroy its own creatures. The need of the hour is to provide some constitutional safeguards
until favorable democratic traditions strike roots.
The Panchayati Raj System is a three-tier system with elected bodies at the village, taluk and
district levels. The modern system is based in part on traditional panchayat governance, in part
on the vision of Mahatma Gandhi and in part by the work of various committees to harmonize
the highly centralized Indian governmental administration with a degree of local
autonomy. The result was intended to create greater participation in local government by
people and more effective implementation of rural development programs. Although, as of
2015, implementation in all of India is not complete the intention is for there to be a gram
panchayat for each village or group of villages, a tehsil level council, and a zilla panchayat at
the district level.
Page | 10
Prepared By
Ajay Ratnan
❖ The 73rd Constitutional Amendment act provides for a Gram Sabha as the foundation
of the Panchayati Raj system. It is essentially a village assembly consisting of all the
registered voters in the area of the panchayat. The state has the power to determine what
kind of powers it can exercise, and what functions it has to perform at the village level.
❖ The 74th Constitutional Amendment act provides for three types of Municipalities:
• Nagar Panchayat for a transitional area between a rural and urban area.
• Municipal Council for a small urban area.
• Municipal Corporation for a large urban area.
❖ Municipalities represent urban local self-government.
❖ Most of the provisions of the two acts are parallel, differing only in the fact that they
are being applied to either a Panchayat or a Municipality respectively.
❖ Each Gram sabha is the meeting of a particular constituency called ward.
❖ Each ward has a representative chosen from among the people themselves by direct
election.
❖ The chairperson of the Panchayat or Municipality at the intermediate and district level
are elected from among these representatives at the immediately lower level
by indirect election.
Rural Local Governments (or Panchayat Raj Institutions)

❖ Zilla Panchayat
❖ Mandal Or Taluka Panchayats
❖ Gram Panchayats
Zilla Panchayat
The Zila Panchayat or District Council or Zilla Parishad or District Panchayat, is the third tier
of the Panchayati Raj system. Zila Parishad is an elected body. Block
Pramukh(president) of Panchayat Samiti (Block) are also represented in Zila Parishad. The
members of the State Legislature and the members of the Parliament of India are members of
the Zila Parishad.
Mandal Or Taluka Panchayats

Mandals, taluka panchayats, block panchayats, or panchayat samiti are rural local
governments (panchayats) at the intermediate level in panchayat raj institutions (PRI). It has
been said to be the "panchayat of panchayats" They operate at the tehsil (taluka) level and
Page | 11
Prepared By
Ajay Ratnan
govern the villages of the tehsil that together are called a development block. The panchayat
samiti is the link between the gram panchayat (village council) and the zilla parishad (district
board).
Gram Panchayats
A gram panchayat (village council) is the grassroots-level of Panchayati Raj formalised local
self-governance system in India at the village or small-town level, and has a sarpanch as its
elected head.
According to Art.243B, there shall be constituted in every State, Panchayats at the village,
intermediate and district levels in accordance with the provisions of this Part. Panchayats at
the intermediate level may not be constituted in a State having a population not exceeding
twenty lakhs.
According to Section 4(1) of The Kerala Panchayat Raj Act 1994, The Government shall, by
notification in the Gazette, constitute with effect from such date as may be specified in the
notification: -
i. a village panchayat for each village or for group of villages.

ii. a block panchayat at intermediate level; and
iii. a district panchayat for each district panchayat area and specify the names and
headquarters of such panchayats.
The total number of seats in a village panchayat, a block panchayat and a district panchayat to
be filled by direct election shall be notified by the Government. The number of seats to be
notified shall not in the case of Village Panchayat, be less than twelve or more than twenty-
two; [S.6]
Composition of village panchayat [Section 7]

• All the seats in a Village Panchayat shall be filled by persons chosen by direct election
in accordance with the provisions of this Act.
• In every Village Panchayat, seats shall be reserved for the Scheduled Castes and
Scheduled Tribes.
• One-third of the total number of seats reserved under sub-section (4) shall be reserved
by the Government for women belonging to the Scheduled castes or the Scheduled
Tribes as the case may be:
Page | 12
Prepared By
Ajay Ratnan
• One-third [including the seats reserved under sub-section (5)] of the total number of
seats in a Village Panchayat shall be reserved by the Government for women and such
seats shall be allotted by the State Election Commission or the Officer authorised by it
• A Village Panchayat shall have a President and a Vice President elected by the members
of the village Panchayat from among themselves.
According to Article 243G the Powers, Authority and Responsibilities of Panchayats are
(a) the preparation of plans for economic development and social justice;
(b) the implementation of schemes for economic development and social justice as may be
entrusted to them including those in relation to the matters listed in the Eleventh Schedule.
Powers, duties and functions of village panchayat [Section 166]

1. It shall be the duty of the village panchayat to meet the requirements of the village
panchayat area in respect of the matters enumerated in the Third Schedule: Provided
that it shall be the duty of the village panchayat to render services to the inhabitants of
the village panchayat area in respect of the matters enumerated as mandatory functions
in the Third Schedule.
2. Subject to the other provisions of this Act and the guidelines and assistance financial,
technical or otherwise, of the Government, the village panchayat shall have exclusive
power to administer the matters enumerated in the Third Schedule and to prepare and
implement schemes relating thereto for economic development and social justice
3. Village Panchayat shall also have powers to enhance employment facilities and to
undertake developmental activities and to start manpower banks, under the leadership
of the village panchayats.
4. The Government, the district panchayat and the block panchayat shall subject to
availability of resources provide necessary financial, technical and other assistance to
the village panchayats to enable them to discharge their functions.
Page | 13
Prepared By
Ajay Ratnan
5. All grants-in-aid sanctioned by the Government in respect of the matters enumerated in

the Third Schedule shall be distributed through the village panchayat concerned.
6. The Government shall, as soon as may be, after the commencement of this Act, transfer
all institutions, schemes, buildings and other properties, assets and liabilities connected
with the matters referred to in the Third Schedule to the Village Panchayat and every
institution so transferred shall be in the name of the said village panchayat and shall be
known accordingly
7. The village Panchayat shall administer the institutions and schemes transferred to it,
subject to the guidelines and technical assistance of the Government and in accordance
with the state and national policies.
8. The village panchayat shall not have any power to sell, transfer, alienate or pledge the
properties transferred to it.
GRAM SABHA
Gram Sabha means a body consisting of all persons whose names are included in the electoral rolls
for the Panchayat at the village level. The term is defined in the Constitution of India under Article
243(b).
Art.243(b) "Gram Sabha" means a body consisting of persons registered in the electoral rolls relating
to a village comprised within the area of Panchayat at the village level;
Section 3(2) of The Kerala Panchayat Raj Act 1994 states that - “All persons whose names are included
in the electoral rolls relating to a village comprised within the area of a village panchayat shall be
deemed to be constituted as Grama Sabha of such village.”
The Constitution (Seventy-Third Amendment) Act, 1992 was enacted to reform the Panchayat
System in India. The Legislature of Indian States were given powers to decide the powers and
composition of Gram Sabha and Gram Panchayats. Hence, the powers, functions and composition of
Gram Panchayats are determined by the State Governments in accordance with the local needs.
The spirit of the 73rd Amendment to the Constitution is to take the democratic governance and its
institutions to the grass root levels and it states “In all states there shall be a Gram Sabha in each village
Page | 14
Prepared By
Ajay Ratnan
to which the Panchayat will be accountable. The power and function shall be assigned by a law passed
by the state legislature”.
The Gram Sabha has a key role in bringing about transparency in the functioning of the Gram
Panchayat, and in ensuring equitable distribution of benefits. Every Panchayat law gives a prominent
legal position to the institution of the Gram Sabha. Empowering the Gram Sabha will surely dilute the
discretionary powers.
According to Art.243A, A Gram Sabha may exercise such powers and perform such functions at the
village level as the Legislature of a State may, by law, provide.
Meeting of Gram Sabha
According to Section 3(3) of The Kerala Panchayat Raj Act 1994, Grama Sabha shall meet at least
once in three months at the place fixed by the Village Panchayat.
Quorum: 10% of the number of voters of its area. The quorum of the meeting of a Grama Sabha which
was adjourned earlier for want of quorum shall be fifty when convened again
Inviter and Invitees to the meeting
Inviter: The convenor of the Village Panchayat. [S.3(3)] The member of a village panchayat
representing the constituency comprised in the area of a village shall be the convenor of that Grama
Sabha. [S.3(4)]
Invitees: Member of – 1.) the Block Panchayat, 2.) the District Panchayat 3.) Legislative Assembly
representing the area of the Grama Sabha [these members should be compulsorily invited]
Special Meetings shall be convened by the convenor of the village Panchayath on a request, along
with the agenda made in writing, of not less than 10 percent of the members of any Gram Sabha
within a period of 15 days. Such Special meeting shall be convened only once within the period
between two general meetings.
Presided By: The President of the village panchayat or in his absence The vice-president or in the
absence of both of them by The convenor of Grama Sabhas.
Page | 15
Prepared By
Ajay Ratnan
Powers, Function and Rights, Responsibilities of The Grama Sabha

Section 3A (1) of The Kerala Panchayat Raj Act 1994 prescribes the powers and functions of the Gram
Sabha.
a) to render assistance in the collection and compilation of details required to formulate development
plans of the panchayat;
b) to formulate the proposals and fixing of priority of schemes and development programmes to be
implemented in the area of Village Panchayat;
c) to prepare and submit to the Village Panchayat a final list of eligible beneficiaries in the order of
priority relating to the beneficiary-oriented schemes on the basic of the criteria fixed;
d) to render assistance to implement effectively the development schemes by providing facilities
locally required;
e) to provide and mobilise voluntary service and contribution in cash or in kind necessary for the
development plans;
f) suggesting the location of street lights, street or community water taps, public wells, public
sanitation units, irrigation facilities and such other public utility schemes;
g) to formulate schemes to impart awareness on matters of public interest like cleanliness,
environmental protection, pollution control and to give protection against social evils like
corruption, illicit and clandestine transactions;
h) to promote harmony and unity among various groups of people within the area of the Grama Sabha
and to organise arts and sports festivals to develop goodwill among the people of that locality;
i) to monitor and render assistance to the beneficiary communities engaged in the developmental
activities within the area of the Village Panchayat.
j) to verify the eligibility of persons getting various kinds of welfare assistance from the Government
such as pensions and subsidies;
k) to collect information regarding the detailed estimates of works proposed to be implemented in the
area of the Grama Sabha;
l) to make available details regarding the services to the rendered and the activities proposed to be
done by the concerned officials in the succeeding three months;
m) to know the rationale behind every decision taken by the panchayat regarding the area of the Grama
Sabha;
n) to know the follow up action taken on the decisions of the Grama Sabha and the detailed reasons
for not implementing any of the decisions;
o) to co-operate with the employees of the village panchayats in the sanitation processes and rendering
voluntary service for the removal of garbage;
p) to find out the deficiencies in the arrangements for water supply, street lighting etc. within the area
of the Grama Sabha and to suggest remedial measures;
q) to assist the activities of parent-teacher associations of the schools within the area of the Grama
Sabha;
r) to assist the public health activities especially prevention of diseases and family welfare, within the
area of the Grama Sabha.
s) to perform such other functions as may be prescribed from time to time.
The Officers of the Village Panchayats shall attend the meetings of the Grama Sabha as may
be required by the President and an officer nominated by the Village Panchayat as the co-
Page | 16
Prepared By
Ajay Ratnan
ordinator of the Grama Sabha shall assist the convenor in convening and conducting the
meetings of the Grama Sabha and in recording its decisions in the Minutes Book and also in
taking up follow up action thereon.
Resolutions may be passed on majority basis, in the meetings of the Grama Sabha in respect of
any issue within its jurisdiction, however, effort should be made to take decision on the basis
of general consensus as far as possible.
The Grama Sabha may appoint, elect or constitute, general or special sub-committees for the
detailed discussions on any issues or programmes and for the effective implementation of the
schemes and the decisions and in furtherance of its rights and responsibilities. Provided that
such committees shall consist of not less than ten members of whom, not less than half shall
be women.
According to Section 3B The Grama Sabha shall have the following responsibilities namely: -
• dissemination of information regarding developmental and welfare activities;
• participating in and canvassing of programmes of Health and Literacy and such other
time bound developmental programmes;
• collecting essential socio-economic data;
• providing feedback on the performance of development programmes;
• resort to moral sanction to pay taxes, repayment of loans promote environmental
cleanliness and to maintain social harmony;
• mobilise local resources to augment resources of the panchayat;
• supervising development activities as volunteer teams and
• make arrangements for reporting urgently incidence of epidemics, natural calamities,
etc.
• The Grama Sabha shall make periodical reports to the village panchayats in respect of
matters specified in a section 3A
Page | 17
Prepared By
Ajay Ratnan
Urban Local Governments (or Nagarpalikas)
❖ Municipal Corporations
❖ Municipal councils
❖ Nagar Panchayats
Municipal Corporations
A Municipal Corporation, City Corporation, Mahanagar Palika or Mahanagar Nigam is a local

government in India that administers urban areas with a population of more than one million.
The growing population and urbanization in various cities of India were in need of a local
governing body that can work for providing necessary community services like health care,
educational institution, housing, transport etc. by collecting property tax and fixed grant from
the State Government.
Municipal councils
In India, Municipal Councils or Town Municipalities or Nagar Palika or Nagar Palika

Parishad or Municipality is an urban local body that administers a city of population 100,000
or more than. However, there are exceptions to that, as previously Nagar Palikas were
constituted in urban centers with population over 20,000, so all the urban bodies which were
previously classified as Nagar Palikas were reclassified as Nagar Palikas even if their
population was under 100,000. Under the Panchayati Raj system, it interacts directly with the
Page | 18
Prepared By
Ajay Ratnan
state government, though it is administratively part of the district it is located in. Generally,
smaller district cities and bigger towns have a Nagar Palika. Nagar Palikas are also a form of
local self-government entrusted with some duties and responsibilities, as enshrined in the
Constitutional (74th Amendment) Act,1992.
Nagar Panchayats
A Nagar panchayat or Notified Area Council (NAC) or City Council in India is a settlement in
transition from rural to urban.
GOVERNMENTAL & JUDICIAL CONTROL OVER LOCAL

GOVERNMENT
GOVERNMENTAL CONTROL OVER LOCAL GOVERNMENT

Although the 74th Amendment of the Constitution has granted sufficient autonomy to urban
local institutions and these have been accorded constitutional status, these are not completely
free from governmental control. The urban local government institutions work within the limits
prescribed by the State Municipal Act which creates and governs them.
1. Legislative Control:
Urban Local bodies are set up by the laws passed by the legislature. Government can bring
changes in their organisation, powers and functions through a law passed by the legislature.
2. Financial Control:
Government undertakes the audit of the accounts of urban local bodies from time to time for
checking irregularities committed by these institutions while spending money. For raising loans
from the financial institutions. Municipal Councils have to seek the prior approval of the
government.
3. Control through Government Officials:
Executive Officers of urban local bodies are government officials and the government exercise
its control over these bodies through these officials. Executive Officer and the Commissioner
of Municipal Corporation are the key instruments of governmental control over the urban local
bodies. The Director Urban Local Bodies also performs such a role.
Page | 19
Prepared By
Ajay Ratnan
4. Power to dismiss the Urban Local Institutions:
Under 74th amendment to the Constitution, these institutions have been given a stable 5 years
tenure. However, even then, if in the opinion of the government, an institution is not competent
to perform its duties or persistently makes default in the performance of duties, the government
can dismiss it even before the expiry of its term.
5. Administrative Control:
(i) The Government can seek any report, record or information from the Municipal councils
and corporations,
(ii) The government can appoint any officer of its own to scrutinize and examine the work done
by a Municipal Corporation Council,
(iii) The sanction in respect of the bye-laws passed by a Municipal Corporation/Council has to
be obtained from the government.
Thus, Indian Political system has within it a well-organised and well-functioning systems of
rural and urban local government. These grass root level local government institutions serve as
instruments for providing political education and training to the people of India as well as these
act as very useful means for securing the socio-economic development of Indian villages and
cities.
No doubt their working has not been fully successful in securing the desired goals,
nevertheless, they have the potential to develop and become stronger and efficient organs of
local development with local resources, local efforts and through local representatives.
The Constitution 73rd and 74th Amendment Acts have made a bold attempt to ensure their
continuity, stability, representativeness and autonomy with a view to enable them function as
valuable systems of self-governance.
However, there is still present the need to make the working of local self-government system
really efficient and productive. The people must come forward to be more willing and active
partners in the working of local institutions. No system of local government can really work
without people’s total commitment to work it as their system of self-government for meeting
their respective local needs with the help of local resources and efforts.
Page | 20
Prepared By
Ajay Ratnan
Since 2006 a separate central ministry-the Panchayati Raj Ministry has been working. It has
been continuously monitoring the working of Panchayati Raj institutions. It has the
responsibility to suggest national Level consensus-based reforms for making Panchayati Raj
an effective and efficient system of local Government.
In Rashid Ahmed v. Municipality Board, Khairana and Ajit Singh V. State of Punjab, the
SC had held that Municipality and Gram Panchayats are local authorities UNDER ARTICLE
12, respectively against whom fundamental rights can be enforced.
The Supreme Court in Union of India v. RC Jain laid down the distinctive attributes and
characteristics of Local Authority. These are:
❖ The authority must have separate legal existence as corporate bodies.

❖ It must function in a defined area and must ordinarily, wholly or partly, directly or
indirectly be elected by the inhabitants of the area.
❖ It must enjoy a certain degree of autonomy, with freedom to decide for itself, questions
of policy affecting the area administered by it.
❖ It must be entrusted by statute with such governmental functions and duties as are
usually entrusted to municipal bodies.
❖ It must have the power to raise funds for furtherance of its activities and fulfilment of
its projects by levying taxes, rates, charges and fees.
Thus, fundamental rights are available against the local bodies and can be enforced through
court of law.
JUDICIAL CONTROL OVER LOCAL GOVERNMENT
The control over the local authorities by the judiciary is the most ancient one. Local authorities
may exercise their powers and perform their duties usurping the individual liberty It may raise
legal disputes calling for immediate intervention by the courts of law. In fact, both individual
liberty and Parliamentary control are safeguarded effectively by the judiciary acting as
watchdog over local authorities.
The powers of the judiciary over the local authorities may be exercised (1) where the authorities
go beyond the powers granted to them by the statute (2) Where the authorities are not
performing the duties imposed on them by statute (3) Where the authorities exercise functions
subject to appeal to the courts. The function of the 'court is to see to it that the local authorities
Page | 21
Prepared By
Ajay Ratnan
do not exceed their powers. Power may be exceeded if the act concerned is altogether outside
the scope of the authority's power and thus, void. Further, such excess of power may occur if
the local authority exercises wrongly a power which the authority statutorily does not possess.
It may so happen that powers, exercised by the local authorities may be well within their sphere
of authority but in carrying them out rights of some persons are injured and hence it is
actionable for damages or other remedy.
Secondly, the. courts intervene in case where the local authority fails to comply with the
statutory obligations. In this case the remedy lies in the enforcement of the obligation. The
procedure for the enforcement of the obligations imposed by the statute has been clearly stated
by the court. If the local authority has the duty towards an individual, the individual possesses
the right to press for a remedy in the event of ‘non-feasance or misfeasance’. It may so happen
that the local authority owes an obligation to the public in general.
In the above general principles relating to the intervention of the court of law have been stated.
It would be useful to consider the remedies which are available through courts Remedies may
be categorised broadly into two classes - (i) Ordinary (ii) Prerogative
(1) Ordinary Remedies
(a) Criminal prosecutions - Sometimes statute provides with the special criminal remedy. For
the cases of non-feasance, misfeasance or ultravires acts.
(b) Action for damages - An action for damage can successfully be brought against the local
authority in two specific cases (l) Where the authority commits an act wrongfully and injures
a private person (2) Where the authority fails to discharge a duty which it owes to the
individuals, and consequently individuals suffer injury.
(c) Action for an injunction is a means to restrain the authority from doing an act which it
proposes to do or to repeat. Hence it is useful in cases of nuisance. It is not however true that
every individual can sue on the alleged ground that a public authority threatens, to perform an
ultravires Act. It must be clearly proved that the Individual concerned apprehends the
infringement of his personal liberty on the commission of the act by the local authority.
(2) Prerogative Writs:
Prerogative writs are a subset of the class of writs which are issued by the court under special
circumstances and are often known as extra ordinary remedies.
Page | 22
Prepared By
Ajay Ratnan
Mandamus
It is a Latin word which means “We Command.” It is an order from superior Court to any Sub-
ordinate
• Court
• Co-operation
• Public Authority
• State Authority
to do some specific act which that body is obliged under law to do but fails to do so. It serves
as a reminder to these authorities to perform their duty.
This petition can be filed before the court only by the aggrieved individual. It can be filed only
when the legal right of the person is violated.
To whom it can be issued?
• It can be issued by a court only against a public authority or a person holding a public
office.
• It cannot be issued against an individual or private organisation.
Scope : The primary scope and function of mandamus is to “command” and “execute” rather
than to “enquire” and “adjudicate”.
Non-availability
The writ petition is not maintainable when a remedy under the Code of Civil Procedure is
available. For example, the High Court cannot entertain writ petitions for mandamus to the
Government who fails to deposit and pay in the requisite time an enhanced compensation
account as ordered by a lower Court. The petitioners in this case would be directed to approach
the executing Court for appropriate relief.
Synopsis
• This is a demand and refusal writ i.e there must be demand from a person to do a
specific act and there must be a refusal from such authorities to do such act.
• The person should have real interest in the matter.
• The purpose of mandamus is to remedy defects of justice.
• It lies in the cases where there is a specific right but no specific legal remedy for
enforcing that right.
• It is a discretion remedy.
Page | 23
Prepared By
Ajay Ratnan
CHAPTER 2
Evolution of Panchayat Raj System in India - A historical perspective – Village Panchayats
in Ancient India – Gandhiji’s Ideas on Village Panchayat as Unit of Self Government –
Response of The Constituent Assembly Towards the Gandhian Idea – The Nature, Scope and
Spirit of Art. 40 of The Constitution.
EVOLUTION OF PANCHAYAT RAJ SYSTEM IN INDIA A HISTORICAL

PERSPECTIVE – VILLAGE PANCHAYATS IN ANCIENT INDIA
Historical roots of the local self-government in India can be traced from the ancient past. In
fact, India has been the cradle of rural local government, which continued to flourish from the
time of Vedic civilization to the advent of British rule. The village in India has been considered
as the basic unit of the local self-administration since the Vedic times. The term for the village
was the “Grama” which is an immemorial unit. There was little interference by the state in
their activities. It indicates that there was some method of self-government in those periods.
In the Rig-Veda, there is a mention of “Sabha, Samiti and Vidath‟ as local self-units. The
concept of “Panch – Parweshwar” or “Panch” - the god existed in the ancient age. There
was a description of Sabha and Samiti, which were the democratic bodies at the local level.
The king used to get the approval of the Sabha or Samiti regarding certain functions and
decision. So, the village communities were enjoyed with self-sufficient, self-reliant and
independent autonomy.
The autonomous village describe by Sir Charles Metcalf: The village communities are little
republics, having nearly everything they can want within themselves. Dynasty after dynasty
tumbles down; revolution succeeds revolution, but the village community remains the same.
This union of village communities, each one forming a separate little state in itself, has
contributed more than any other to the cause of the preservation of the people of India and the
enjoyment of freedom and independence. References to such a highly organized system of local
government can be found in the Vedas, in the epics of Ramayana and Mahabharata, Manu
Smriti, in the Kautilya‟s Arthashastra.
The epics of the Ramayana indicates that administration was divided into two parts – “Pur‟
and “Janpad” and the village people were called the “Janpada”. It has mentioned the
importance of the decentralization of the functions of the state.
Page | 24
Prepared By
Ajay Ratnan
During the reigned of Chandragupta Maurya’s dynasty the policy of decentralization of

powers was adopted. The village was considered as the smallest unit of governance body. A
person elected by the people of the village was the “Gramik‟ (Head of village) entrusted with
wide power and functions.
In the medieval period, the Sultans of Delhi knew that it would be impracticable to govern a
vast country like India from the centre directly. Hence, they divided their kingdom into
provinces called “Vilayat‟, “Amir” or “Vali” was the head of a province. They were given an
ample power and functions like management of finance, collection of taxes and selection of
judicial officials. For governance of the village, there were three important officials –
Mukkadam for administration, Patwari for – collection of revenues and Choudrie for
decision on disputes with the help of the Panch.
During the Mughal periods, village bodies were the pivot of administration. In this period,
particularly in the regime of Sher Shah, the villages were governed by their own panchayat.
Each panchayat comprised of village elders who looked after the interest of the people,
administered justice, and imposed punishment on defaulters. The headman of village, semi
government officials, acted as a coordinator between the village panchayat and the higher
administrative hierarchy. In this period, each village had its own panchayat of elders. It was
autonomous in its own sphere and exercised powers of local taxation, administrative control,
justice and punishment. The Mughal introduced elaborate administrative machinery with a
hierarchy of officials, particularly in the field of revenue. It was with the collapsed of the
Mughal strong hold, the British established their hegemony in India. In the words of Dr.
Altekar: “From most ancient times villages in India have been the axle of administration.”
In the British Period the local administration became inactive as the British government was
not interested to vest the power to the local people instead of them. But after few time they
realized the necessity of local governance and thus, in the year 1687, a municipal corporation
was formed in Madras. Set up on the British model of town council, this body was empowered
to levy taxes for building guild halls and schools. Lord Mayo, the then viceroy of India (1869
to 1872), who felt the need to decentralize powers in order to bring about administrative
efficiency and in the year 1870 introduced the concept of elected representatives in the urban
municipalities. The revolt of 1857 had put the imperial finances under considerable strain and
it was found necessary to finance local service out of local taxation.
Page | 25
Prepared By
Ajay Ratnan
The Bengal Chowkidar Act of 1870 marked the beginning of the revival of the traditional
village Panchayati system in Bengal. The Chowkidar Act empowered district magistrates to set
up panchayats of nominated members in the villages to collect taxes to pay the chowkidars or
watchmen engaged by them.
Lord Ripon made remarkable contribution to the development of Local Government. In 1882,
he abandoned the existing system of local government by the officially nominated people.
According to his local self-government plan, the local boards were split into smaller units to
achieve greater efficiency. In order to ensure popular participation, he introduced an election
system for the local boards.
The Royal Commission on Decentralization in 1909 elaborated further the principles of Ripon
resolution. But this remained merely on paper. Ripon’s scheme did not make much progress in
the development of local self-government institutions. In this backdrop, Montagu Chelmsford
reforms were passed in the year 1919. This reform transferred the subject of local government
to the domain of provinces. The reform also recommended that as far as possible there should
be a complete popular control in local bodies and the largest possible independence for them,
of outside control. By 1925, eight provinces had passed village panchayat acts. This is
considered as another important stage in the evolution of panchayats in British India. With
popularly elected government in the provinces, almost all provincial administrations felt duty
bound to enact legislations for further democratization of local self-government institutions,
including village panchayats.
Panchayati Raj under British India

The British came to India as traders. The primary focus of the British Raj was much to do with
trade and little to do with governance and development. In fact, until the advent of the British
rule in India, the rural republic had flourished and thrived. With the emergence of the British
Raj in India panchayat ceased to play a role that it once played. But, local self–government as
a representative’s institution was the creation of the British. The first local authority created by
the British in India was the Municipal Corporation of Madras in 1887. This body was
empowered to collect taxes in local areas. It was Lord Mayo, the then Viceroy of India (1869
to 1872), who felt the need to bring about administrative efficiency. The year 1870 was
landmark when Lord Mayo passed a resolution suggesting the decentralization of powers and
the necessity of associating Indians in administration. He introduced the concept of elected
representation in the urban municipalities and making them more powerful.
Page | 26
Prepared By
Ajay Ratnan
In 1880, Lord Ripon came as the Viceroy of India and he made a remarkable contribution to
the development of local government. In 1882, he introduced an important resolution - Local
Self – Government Resolution. It provided for local boards consisting of a large majority of
elected nonofficial members and presided over by a non-official chairperson. This is considered
to be the “Magna–Carta” of local democracy in India.
The Royal Commission on decentralization in 1909 elaborated furthers the principles of

Ripon resolution. The Commission recommended, “It is most desirable alike in the interest of
decentralization and in order to associate people with the local tasks of administration that an
attempt should be made to constitute and develop village panchayat for the administration of
local village affairs.”
In 1909 itself, the 24th Congress Session at Lahore adopted a resolution urging the government
to take easy steps “to make all local bodies from village panchayats upwards elected with
elected non– official chairman” and support them with adequate financial aid.
In 1919, Montague-Chelmsford Reforms Act, were passed. This Reform transferred the
subject of local government to the domain of provinces. The Reform also recommended that
as far as possible, there should be a complete popular control in local bodies and largest
possible independence for them, of outside control. However, this Reform could not get much
result as far as democratization of Panchayat was concerned.
In the year, 1935 British Government passed a historic Act of the Government of India Act,
1935 which gave a separate power to the Provincial Government. Popular elected provincial
government in the provinces got provincial autonomy and they were duty bound to enact
legislation for further democratization of the local Self–Government institution including the
village Panchayat. Thus, the spirit of democratic decentralization at the village level was
existent right since the Ancient period. Even though the British Government did not have
interest in the village autonomy, they were forced to do so, in order to continue their rule in
India and to meet financial necessities. However, the Indian rural local self-government
become more and more organized and took proper shaped by the time India became
independent on 15 august, 1947.
Page | 27
Prepared By
Ajay Ratnan
GANDHIJI’S IDEAS ON VILLAGE PANCHAYAT AS UNIT OF SELF

GOVERNMENT
Gandhiji's Words on Gram Panchayat
"My idea of village Swaraj is that it is a complete republic, independent of its neighbours for
many others in which dependence is a necessity. Thus, every village's first concern will be to
grow its own food crops and cotton for its cloth. It should have a reserve for its cattle,
recreation and play-grounds for its adults and children. Then if there is more land available,
it will grow useful money crops. The village will maintain a village theatre, school and public
hall.... these will have all the authorities and jurisdiction required. This Panchayat will be
Legislature, Judiciary and Executive combined, to operate for its year of office. Any village
can become such a republic today without much interference"
Gandhiji believed that a world government by itself can not guarantee peace. For that the whole
world should be divided in to small units. He believed that the present political and economic
systems should be reoriented so as to build small decentralized units.
According to him collective life will be only possible in small units. His concept of village
Panchayat is not the same as old village Panchayats. Instead he believed in independent village
units. This independent village unites will be practical model of non - violence in the sphere of
politics, economics and sociology.
Stateless society
According to him ideal state is a stateless democracy. It is self regulated. The best government
is the government which governs the least. It is similar to communist philosophy of ‘withering
away the state’. According to him a state which has minimum rules is an ideal state.
Modern democracy
To him modern democracy has three faces:
1. It is election oriented
2. It is party dominated
3. It is power aimed
It is a completed centralized mechanism. On all political systems powers are concentrated on

some persons. In capitalist, socialist and communist systems powers are concentrated on some
Page | 28
Prepared By
Ajay Ratnan
people. On these systems the individuals have no rights. The only option of individual is casting
his vote. On these systems the individual has no voice. He is like a well fed, dump and driven
animal.
True Democracy
True Democracy cannot be worked by twenty men sitting at the centre. It has to be worked
from below by the people of every village
According to him in village swaraj every individual has a direct voice in the administration of
the village. An individual is the architect of his own government. In village swaraj full freedom
and growth is vested on the individual. In his village swaraj, legislative, executive and judicial
powers are vested in village administration.
Last Will and Testament
“Though India has attained political independence she has still to attain social, moral and
economic independence in terms of seven hundred thousand villages as distinguished from the
cities and towns.”
The village economy is man centered. The western economy is wealth centered. The village
economy is life centered. The western economy is profit centered.
Village Worker
According to him all the villages should be self centered and self-supporting. The main
profession should be agriculture and handicrafts. Village worker should educate the villages in
sanitation and hygienic activities. The village worker should work against ill health and educate
the villagers on various diseases.
Politicians
Politicians normally plan from top to bottom. Gandhiji’s concept of planning is from bottom
to top.
“Every village has to be self-sufficient and capable of managing its affairs even to the extent
of defending itself against the whole world.”
“In village swaraj the ultimate power will vest with the individual. He must first attain swaraj,
if he wants to see in reality the full picture of village swaraj.”
Page | 29
Prepared By
Ajay Ratnan
Nai Thalim
Gandhiji’s concept of education is based on Nai Thalim. It involves 3 Hs. Head, Heart And
Hand. The product of the educational system is a well-groomed citizen.
Modern Economic Systems
The modern economic system is based on profits. It has multiplicity of wants. It lacks ethics.
It is centralized and based on large scale machines. It has a complicated organization. Its results
are unemployment and under employment. It exploits the strength and talent of young people.
There is a mad race for capturing markets. It is a field of competition, conflicts and class wars.
It enslaves the individual. It treats the human being as a hand to feed the machines. It considers
man as a machine.
Needs
In a letter to Nehru Gandhiji wrote “the essence of what I have said is that man should content
with his real needs and become self-reliant. If he does not have this control he cannot save
himself.”
Everyone should have a balanced diet, necessary clothing and shelter. Everyone should practice
simplicity in life.
He ruled out industrialism and centralized industries. He considered cities as exploiting

villages. To him hope of future is vested in villages. In villages there should be small
cooperatives. In that cooperative sector there should be no compulsion and force. Everyone
will work voluntarily. There is a reign of love. No one will be high and low. All are equal.
There will not be neither castes nor classes. In that system culture, art, poetry and painting will
grow in its full strength.
His concept on democratic decentralization
Gandhiji’s concept of democratic decentralization bears the stamp of his passionate belief in
non-violence, truth and individual freedom. He calls it Panchayat Raj or village swaraj.
Individual freedom in Gandhi’s view could be maintained only in autonomous self-reliant
communities that offer opportunities to the people for the fullest participation. According to
him India will be benefited if the villages were governed by village panchayats based on the
principle of “simple living with high thinking”.
Page | 30
Prepared By
Ajay Ratnan
RESPONSE OF THE CONSTITUENT ASSEMBLY TOWARDS THE GANDHIAN

IDEA
Some debates took place inside the Constituent Assembly for the incorporation of Panchayati
Raj in independent India. The debates envisaged an overall view of the Founding Fathers of
our constitution about the Panchayati Raj. The honourable members of the Constituent
Assembly argued for and against the system. Dr. Ambedkar, Chairman of the Drafting
Committee, made some observations about the condition of village in his introductory speech
on November4,1948 in the Constituent Assembly for the consideration of Draft constitution.
His observation about Indian villages aroused a lot of criticisms among the other members.
The relevant extracts of the speeches are mentioned below ·-
Dr. B. R. Ambedkar, the Chairman of the drafting committee, was in favour of western
theories. So, he argued that the new constitution should have been drafted following ancient
Hindu model. It is why he was in favour of establishing the centre and state Governments not
the village panchayats of Indian administration. According to him, the village community had
little role in the affairs and the destiny of the country in the past though it survived for long
time. But mere survival of the village community as "The among the hearts of ruins bears no
significance question is on what plane they have survived. Surely on a low, on a selfish level. I
hold that the village republic have been the ruination of India. I am therefore surprised that
those who condemn provincialism and communalism should come forward as champion of the
village. What is the village but a sink of localism, a den of ignorance, narrow-mindedness and
communalism? I am glad that the Draft constitution has discarded the village and adopted the
individual as its unit .... So, Ambedkar accepts the draft constitution since it lays importance
on individual rather than village community.
Just favouring the Draft constitution, Pandit Bal Krishna Sharma has extended his support
to it. Moreover, he admits that the constitution does not contain any clause favouring local self-
government. Yet, to him the constitution is just and the criticisms goinq around on are
meaningless as waste as "The constitution does not put any obstruction what-so-ever in the
path of the development of those units of local self-government which will enjoy power for
managing their own affairs.
Opposing the views of both Ambedkar and Balkrishna, H. V. Kamath has reminded us of our
old golden past. He talked about the desires of Gandhi, Nehru and Netaji as they felt for the
Page | 31
Prepared By
Ajay Ratnan
village folk and realised that all sorts of problems could well be checked and solved by uplifting
the lot of the village folk. The ancient civilization has a lot of dependence on the village
communities which were autonomous and self-contained. According to him: "At the height of
its evolution and in the great days of Indian civilization we find an admirable political system,
efficient in the highest degree and very perfectly combining village and urban self-government
with stability and order
Kamath hoped that in near future not only India, but also entire world will have to decentralise
and establish village as well as town Republics for the sake of peace and prosperity. So, the
first thing that we ought to do is to make the state exist for the individual rather than individual
for the state. Kamath's emphasis rests on state rather than individual.
According to Shri T. Prakasam: " Therefore, it is only right and proper that this Constituent
Assembly which has been sent by the people of this country should take particular care to see
that this Draft Constitution of Dr. Ambedkar is so ammended that it would really become a
constitution for the benefit of the masses and millions of people for whose sake the battles have
been fought by that great friend who has gone away leaving us here to get along with our
work”
On the other hand, Begum Aizaz Rasul is hand in hand with Dr. Ambedkar's view of the
village polity since she imagines that possibly village panchayat may become autocratic.
Dr. Monomohan Das has expressed his grave concern about the omission of the village
panchayat system from the Draft constitution. His suggestion is to educate the village folk first
and only then the village panchayat system can be proved effective to the village folk. In fact,
education can make the village folk conscious of their rights and privileges. If the village people
were not aware of their rights and privileges, the establishment of Panchayati Raj system: "
will enable the village Zamindars, the village Talukdars, the Mahajons and the Money-lending
classes to rob, to exploit the less cultured, the less educated poorer classes of the villages”
Finally, expressed by Dr. Shri Mahavir Tyagi contradicts the views Ambedkar on Panchayati
Raj in our constitution. He has spoken about India 's golden heritage and the feelings and
sentiments of leaders like Gandhi, Nehru and Netaji who think about the upliftment of the
village folk. According to him, " Dr. Ambedkar does not know what amount of sacrifice the
villagers have undergone in the struggle for freedom. I submit, Sir, that villagers should be
Page | 32
Prepared By
Ajay Ratnan
given their due share in the governance of the country.” He is in favour of the incorporation of
the effective village panchayat in the constitution.
The Draft Constitution has discarded the village as the villagers are the symbol of ignorance,
localism, narrowmindedness and communalism. Under such circumstances, the village has no
role to serve the social, economic and political upliftment of our country. Rather it will cause
harm as the local powerful groups who have dominance over economy and politics will capture
the same and utilise them for their own interests. That is why, the Draft Constitution has directly
discarded the Panchayati Raj bodies in independent India.
The members of the Constituent Assembly, like Begum Aizaz Rasul, Monomohon Das, Pandit
Balkrishna Sharma, N. Madhava Rau and Alladi Krishnaswami Ayar shared with the views
presented by Dr. Ambedkar.
The members of the Constituent Assembly, namely Sri. H.V.Kamath, Sri. T.Prakasam, Shri.
K.Santhanam, Shri. Mohavir Tyagi etc. contradicted the views expressed by Dr. Ambedkar and
argued for incorporating the Panchayati Raj in our Constitution. They argued that the Indian
National Congress always talked about decentralization and necessary provision must be made
in the constitution for the establishment of Panchayati Raj which will play important role in
our social, economic and political life. The British rule in India, for near about one hundred
fifty years, alienated the village from the democratic process of, our country.
Thus the debate held in the Constituent Assembly envisaged that Article 40 was not originally
included in the Draft Constitution which was considered in November, 1948. There was a lot
of debates among the members of the Constituent Assembly for the neglect of the Panchayati
Raj in the draft constitution. This eventually led to the passage of an amendment proposed by
the well-known Gandhian, Shri K. Santhanam on November 25, 1948 including Village
Panchayats in Part IV of the Constitution containing the non-mandatory Directive Principles
of State Policy. The amendment which was eventually numbered as Article 40 reads: “The
state shall take steps to organise village panchayats and endow them with such power and
authority as may be necessary to enable them to function as units of self-government.”
Following the debates inside the Constituent Assembly, we find that the Gandhian idea of
village republic did not find a suitable place in independent India. Gandhi dreamed for 'Gram
Swaraj' and according to him the Gram Swaraj would be the basis of Indian administration. On
the basis of this idea, he tried to reject the British administrative system introduced in India.
Page | 33
Prepared By
Ajay Ratnan
The British administrative system was highly centralised. The towns and cities were the bases
of that administration and the villages were neglected. This type of administrative system was
directly beneficial to the British ruler for upholding their colonial rule. In order to change that
administrative system, Gandhi laid emphasis on an alternative administrative system, that is,
village would be the centre of power and the flow of power will be from village to parliament.
This alternative administrative model dreamed by Gandhi was not able to influence the
Constituent Assembly. The Constituent Assembly was influenced by western liberal thought.
And we find its expression through Dr. Ambedkar who argued that the village would not be
the basis of our administrative system but the individual. This idea was the central theme of
western liberal thought. That is why the role of the village has been neglected for the plea of
industrialization and rapid economic development which was thought the urgent need of future
India.
Article 40 reads: “The state shall take steps to organise village panchayats and endow them
with such power and authority as may be necessary to enable them to function as units of
self-government.”
Merits of Panchayat Raj System
1. Solution at grass-root level: The local self-government solves the problems of rural people at
the grass-root level. This strengthens democracy. The typical needs of a particular village is
well attended by this system of government. The state government remains so much busy with
multifarious functions that it seldom gets time to attend to the basic problems of different rural
areas. The local government reduces the burden of responsibility of the state government to a
large extent.
2. Perform various functions: The functions performed by the local self-governments is vital
for making life of the local people happier and prosperous. The various needs of the rural areas
such as construction and maintenance of roads, availability of water, construction of schools
and education facilities, improvement in agriculture, etc. are taken care of by the local self-
government.
3. Encourages local leadership: The problems of particular rural area can be best attended by
the members of the Panchayat. The state or national government cannot do so because of so
many reasons. Therefore, the problems of local people are solved by local leaders though the
institution of local self-government. The real improvement in the social and economic
Page | 34
Prepared By
Ajay Ratnan
conditions of people can happen only through the intentional participation in the developmental
plans and programs.
4. Training ground of citizenship: The local people are motivated to confront and solve their
problems of their own. They become less dependent upon other external agencies. It creates
confidence among the local leaders at the grass-root level. These leaders put their best foot
forward. Many local leaders advances their career to become state-level and national level
politicians.
5. New experiments: New infrastructural and developmental projects can be first implemented
at local level to gauge its impact on the system. Successful projects can later be introduced in
other areas of local government.
6. Panchayats can best carry out the uplift programmes, such as mending roads, terrace, and
embank the fields, building bunds, digging drains, provide fresh drinking water, etc.
7. They are best constituted to organize voluntary labour for social uplift and economic
amelioration.
8. Panchayats are the best agencies which can supply the political talent. They are the potential
schools of political training for the rural masses.
9. They can also serve as the schools of social service, health care, popular education and social
progress.
10. Panchayats can impart cheap litigation, speedy and substantial justice to the villagers.
11. Panchayats are best fitted to be representative and spokesperson of the villagers.
Merits of Panchayat Raj System
1. Unscientific distribution of functions:
The Panchayati Raj scheme is defective in so far as the distribution of functions between the
structures at different levels has not been made along scientific lines. The blending of
development and local self- government functions has significantly curtailed the autonomy of
the local self-government institutions. Again, it has virtually converted them into governmental
agencies. Even the functions assigned to the Panchayat and the Panchayat Samiti overlap,
leading to confusion, duplication of efforts and shifting of responsibility.
2. Incompatible relation between the three-tiers:
The three-tiers do not operate as functional authorities. The tendency on the part of the higher
structure to treat the lower structure as its subordinate is markedly visible. M. P. Sharma rightly
Page | 35
Prepared By
Ajay Ratnan
observes the hierarchical domination and predominance, “fitters down step by step from Zilla
Parishad to Panchayat Samiti and from them to the Village Panchayats” Needless to state that
this kind of mutual relationship is not in commensurate with the genuine spirit of democratic
decentralisation.
3. Inadequate finance:
The inadequacy of funds has also stood in the way of successful working of the Panchayati
Raj. The Panchayati Raj bodies have limited powers in respect of imposing cesses and taxes.
They have very little funds doled out to them by the State Government. Further, they are
generally reluctant to raise necessary funds due to the fear of losing popularity with the masses.
4. Lack of cordial relation between officials and people:
Introduction of the Panchayati Raj aimed at securing effective participation of the people. But
in reality, this hardly happens since the key administrative and technical positions are manned
by the government officials. Generally, there is lack of proper cooperation and coordination
between the people and the officials like Block Development Officers, the District Officers etc.
Again, the officers fail to discharge the development duties more efficiently and sincerely.
5. Lack of conceptual clarity:
There is lack of clarity in regard to the concept of Panchayati Raj itself and the objectives for
which it stands. Some would treat it just as an administrative agency while some others look
upon it as an extension of democracy at the grass roots level, and a few others consider it a
charter of rural local government. What is all the more intriguing is the fact that all these
conceptual images could co-exist simultaneously tending to militate against each other every
now and then.
6. Undemocratic composition of various Panchayati Raj institutions:
Various Panchayati Raj Institutions are constituted setting aside democratic norms and
principles. The indirect election of most of the members to Panchayat Samiti only increases
the possibility of corruption and bribery. Even the Zilla Parishad consists of mainly ex-officio
members. They are, for the most part, government officials. This negates sound democratic
principles.
Page | 36
Prepared By
Ajay Ratnan
7. Disillusionment on structural-functional front:
The performance of Panchayati Raj Institutions has been vitiated by political cum caste
factionalism, rendering developmental projects into chimeras. Corruption, inefficiency, scant
regard for procedures, political interference in day to day administration, parochial loyalties,
motivated actions, power concentration instead of true service mentality- all these have stood
in the way of the success of Panchayati Raj. Furthermore, the power to supercede the local
bodies on the part of the State Government clearly violates the spirit of democratic
decentralisation.
8. Administrative Problem:
The Panchayati Raj bodies experience several administrative problems. They are the tendency
towards politicization of the local administration, lack of co-ordination between the popular
and bureaucratic elements, lack of proper incentives and promotion opportunities for
administrative personnel and apathetic attitude of the government servants towards
development programmes etc.
9. Politics is an inevitable part of a democratic frame -work:
The manipulative nature of rural politics is manifest in the techniques used at the time of
elections. The fact-finding research teams observe that the caste system in rural India has made
a mockery of the concept of rural development. Even the Panchayat elections are fought on
caste grounds and the traditional dominant castes have manoeuvred in such a way that they still
occupy the positions of power in the changed set-up.
Once the dominant castes have managed to occupy important positions where the decisions are
made, they find it easy to manipulate the plans to serve their best interests. Consequently, the
schism of caste grows wider day by day, alienating the low castes farther and farther from
participating in rural development programmes.
Page | 37
Prepared By
Ajay Ratnan
CHAPTER 3
Development of Panchayat Raj Institutions in the Post Constitution Period – Experiments in
Democratic Decentralisations – Reports of Balwant Raj Mehta Committee, Ashok Mehta
Committees etc. – Emergence of Panchayat Raj with Constitutional System- 73rd
Constitutional Amendment- Its Implications & Consequential Developments.
On 15 August 1947, India got an opportunity of redeeming the pledges made to the people
during the long-drawn freedom movement. Among the first tasks that India had to assume was
the formulation and execution of the first five-year plan in the fifties.
Post-Independence, the first major development programme launched in India was Community
Development Programme in 1952. Core philosophy was overall development of rural areas and
people’s participation.This programme was formulated to provide an administrative framework
through which the government might reach to the district, tehsil / taluka and village level. All
the districts of the country were divided into “Development Blocks” and a “Block Development
Officer (BDO)” was made in charge of each block. Below the BDO were appointed the workers
called Village Level Workers (VLW) who were responsible to keep in touch with 10-12
villages. So, a nationwide structure was started to be created. Thousands of BDOs and VLW’s
were trained for the job of carrying out array of government programmes and make it possible
to reach the government to villages. Top authority was “Community Development
Organization” and a Community Development Research Center was created with best
academic brains of the country at that time. This programme was not successful. Its failure was
directly attributed to inadequacy of avenues of popular participation in local level programmes
of rural development. In order to examine the causes for its failure, the Government of India
constituted a high-power study team headed by Balwantrai Mehta, a Member of Parliament.
Later, the conceptualisation of the system of local self-government in India took place through
the formation and effort of four important committees from the year 1957 to 1986.
1. Balwant Rai Mehta Committee (1957)
The Balwant Rai Mehta Committee was a committee appointed by the Government of India in
January 1957 to examine the working of the Community Development Programme (1952) and
the National Extension Service (1953) and to suggest measures for their better working. The
Chairman of this committee was Balwant Rai Mehta. The committee submitted its report in
November 1957 and recommended the establishment of the scheme of 'democratic
Page | 38
Prepared By
Ajay Ratnan
decentralisation' which finally came to be known as Panchayati Raj. The main aim of
Panchayat raj system is to settle the local problems locally and to make the people politically
conscious.
Recommendations of Balwant Rai Mehta Committee
1. Panchayati Raj System-Gram Panchayat at the village level, Panchayat Samiti at the
block level, and Zila Parishad at the district level. These tiers should be organically
linked through a device of indirect elections. The main purpose of this division is to
simplify and to decrease the work load of the state and central government.
2. The village Panchayat should be constituted with directly elected representatives,
whereas the Panchayat Samiti and Zilla Parishad should be constituted with indirectly
elected members. This is because Panchayat is similar to that of state assembly where
there is place for politics whereas Samiti and Zilla Parishad members should be more
educated and knowledgeable and may not need the majority support.
3. All planning and developmental activities should be entrusted to these bodies.
4. The Panchayat Samiti should be the executive body while the Zilla Parishad should be
the advisory, coordinating and supervisory body.
5. The District Collector should be the Chairman of the Zilla Parishad.
6. There should be a genuine transfer of power and responsibility to these democratic
bodies.
7. Sufficient resources should be transferred to these bodies to enable them to discharge
their functions and fulfil their responsibilities.
8. A system should be evolved to effect further devolution of authority in future.
These recommendations were accepted by the National Development Council in January 1958.
Rajasthan (1959) adopted the system first, followed by Andhra Pradesh in the same year. Some
states even went ahead to create four-tier systems and Nyaya panchayats, which served as
judicial bodies. The institution of Panchayati Raj was inaugurated by Jawahar Lal Nehru on
October 2, 1959 in Nagaur District of Rajasthan. Nine days later, Andhra Pradesh became
the second state to launch Panchayati Raj at Shadnagar near Hyderabad
The launch of the Panchayati Raj institutions was a thumping success and soon the states started
adopting the institutions. This continued for 5-6 years and after that the institutions started
crippling due to lack of resources, political will, and bureaucratic apathy and change the
Page | 39
Prepared By
Ajay Ratnan
government priorities. The rural elites dominated the system and the benefit of the development
schemes was not able to reach to the last corner of the country. The legitimacy of the
Panchayati Raj institutions came under questions. There was not much development in this site
until the Congress was thrown out of center and Janta Government came in 1977. However,
before that there are some efforts in the form of committees were done to make the system
more efficient.
2. Ashok Mehta Committee (1977-1978)

In this backdrop in 1977, the Janata government appointed a Committee with Ashok Mehta as
chairman and was entrusted with the task of enquiring into the causes responsible for the poor
performance of Panchayati Raj Institutions. It was also asked to suggest measures to strengthen
Panchayati Raj Institutions. The committee suggested two tire system of Panchayati Raj
consisting of Zilla Parishads at the district level and Mandal Panchayats at the grass root level
as against three tier system suggested by the Balwant Rai Mehta Committee. The committee
recommended constitutional protection to the Panchayati Raj Institutions and further
decentralization of power at all levels. A noteworthy feature of the report is that it
recommended regular elections to these bodies and open participation of political parties. The
committee submitted its report in August 1978 and made 132 recommendations to revive and
strengthen the declining Panchayati Raj system in the country. As a result of this report, the
Indian states of Karnataka, Andhra Pradesh, and West Bengal passed new legislation.
However, the flow of politics at the state level did not allow the institutions to develop their
own political dynamics.
Recommendations of Ashok Mehta Committee
1. The 3-tier system of Panchayati Raj should be replaced by the 2-tier system: Zilla
Parishad at the district level, and below it, the Mandal Panchayat consisting of a
group of villages covering a population of 15000 to 20000.
2. A district should be the first point for decentralisation under popular supervision below
the state level.
3. Zila Parishad should be the executive body and made responsible for planning at the
district level.
4. There should be an official participation of political parties at all levels of Panchayat
elections.
Page | 40
Prepared By
Ajay Ratnan
5. The Panchayat Raj institutions should have compulsory powers of taxation to mobilise
their own financial resources.
6. There should be a regular social audit by a district level agency and by a committee of
legislators to check whether the funds allotted for the vulnerable social and economic
groups are actually spent on them.
7. The state government should not supersede the Panchayat Raj institutions. In case of
an imperative supersession, election should be held within 6 months from the date of
supersession.
8. The Nyaya Panchayats should be kept as separate bodies from that of development
Panchayats. They should be presided over by a qualified judge.
9. The Chief Electoral Officer of the state in consultation with the Chief Election
Commissioner should organise and conduct the Panchayati Raj elections.
10. Development functions should be transferred to the Zila Parishad and all development
staff should work under its control and supervision.
11. The voluntary agencies should play an important role in mobilising the support of the
people for Panchayati Raj.
12. A minister for Panchayati Raj should be appointed in the state council of ministers to
look after the affairs of the Panchayati Raj institutions.
13. Seats for SCs and STs should be reserved on the basis of their population.
14. A Constitutional recognition should be accorded to the Panchayati Raj institutions. This
would give them the requisite status and an assurance of continuous functioning.
Due to the fall of the Janata government, the Ashok Mehta Committee recommendations were
not implemented. Both the Committees overlooked the importance of panchayats as units of
self-government. During 1980’s, two important Committees were appointed to look into local
governments.
3. G V K Rao Committee (1985)

The G.V.K. Rao Committee was appointed by Planning Commission to once again look at
various aspects of PRIs [Panchayat Raj Institutions]. The Committee was of the opinion that a
total view of rural development must be taken in which PRIs must play a central role in
handling people's problems. It recommended the following:
1. Zila Parishad to be given prime importance and all developmental programs at that level
to be handed to it.
Page | 41
Prepared By
Ajay Ratnan
2. Post of DDC (District Development Commissioner) to be created acting as the chief

executive officer of the Zila Parishad.
3. Regular elections to be held.
4. L M Singhvi Commitee (1986)

Constituted by the Rajiv Gandhi government on ‘Revitalisation of Panchayati Raj
institutions for Democracy and Development’, its important recommendations are:
1. Constitutional recognition for PRI institutions.

2. Nyaya Panchayats to be established for clusters of villages
3. The PRIs should be recognized, protected and preserved constitutionally. A new
chapter should be added in the Constitution of India which should enshrine the
provisions to ensure free, regular and fair elections in the PRIs.
4. For revenue procedures, the Singhvi Committee was of the view that there should be
optional and compulsory levies which should be entrusted to the PRIs. For initial years,
the state government may levy on behalf of the PRIs and disburse money to them. This
disbursement should be based upon the recommendations of the State Finance
Commissions.
5. For Jurisdiction of the PRI’s, Nyaya Panchayats should be established for a cluster of
villages.
6. Gram Sabha is the embodiment of the direct democracy and the village Panchayats
should be more organized. Gram Sabha should be given importance.
7. The Singhvi Committee also recommended establishment of the Judicial Tribunals in
the states which would tackle the controversies regarding the elections to the Panchayati
Raj institutions.
Though the 64th Constitutional Amendment bill was introduced in the Lok Sabha in 1989 itself,
Rajya Sabha opposed it. It was only during the Narasimha Rao government’s term that the idea
finally became a reality in the form of the 73rd and 74th Constitutional Amendment acts, 1992.
The LM Singhvi Committee is best known for recommending the constitutional status for
Panchayats.
Page | 42
Prepared By
Ajay Ratnan
This was virtually the first committee after decades of India’s experiments with the
decentralization which found the “Gram Sabhas” as the “incarnation of the direct
democracy”.
73rd Amendment Act, 1992
Following these circumstances, Rajiv Gandhi the then Prime Minister of India, introduced the
64th Amendment bill on local government on the 15th May, 1989 in the Parliament, but it
failed to get the required support. A second attempt was made in September 1990 to pass the
bill in the Parliament. The bill however was not even taken up for consideration. In September
1991, a fresh bill on Panchayati Raj was introduced by the Congress government under P. V
Narasimha Rao, the then Prime Minister. It was passed in 1992 as the 73rd Amendment Act
1992 with minor modifications and came into force on 24th April 1993.
The 73rd Amendment 1992 added a new Part IX to the constitution titled “The Panchayats”
covering provisions from Article 243 to 243(O); and a new Eleventh Schedule covering 29
subjects within the functions of the Panchayats.
Significance of the amendment
This amendment implements the article 40 of the DPSP which says that “State shall take steps
to organise village panchayats and endow them with such powers and authority as may be
necessary to enable them to function as units of self-government” and have upgraded them
from non-justifiable to justifiable part of the constitution and has put constitutional obligation
upon states to enact the Panchayati Raj Acts as per provisions of the Part IX. However, states
have been given enough freedom to take their geographical, politico-administrative and others
conditions into account while adopting the Panchayati Raj System.
Salient Features
Gram Sabha
Gram Sabha is a body consisting of all the persons registered in the electoral rolls relating to a
village comprised within the area of Panchayat at the village level. Since all the persons
registered in electoral rolls are members of Gram Sabha, there are no elected representatives.
Further, Gram Sabha is the only permanent unit in Panchayati Raj system and not constituted
Page | 43
Prepared By
Ajay Ratnan
for a particular period. Although it serves as foundation of the Panchayati Raj, yet it
is not among the three tiers of the same. The powers and functions of Gram Sabha are fixed by
state legislature by law.
Three Tiers of Panchayati Raj
Part IX provides for a 3 tier Panchayat system, which would be constituted in every state at the
village level, intermediate level and district level. This provision brought the uniformity in the
Panchayati Raj structure in India. However, the states which were having population below 20
Lakh were given an option to not to have the intermediate level.
All the members of these three level are elected. Further, the chairperson of panchayats at the
intermediate and district levels are indirectly elected from amongst the elected members. But
at the village level, the election of chairperson of Panchayat (Sarpanch) may be direct or
indirect as provided by the state in its own Panchayati Raj Act.
Reservation in Panchayats
There is a provision of reservation of seats for SCs and STs at every level of Panchayat. The
seats are to be reserved for SCs and STs in proportion to their population at each level. Out of
the Reserved Seats, 1/3rd have to be reserved for the women of the SC and ST. Out of the total
number of seats to be filled by the direct elections, 1/3rd have to be reserved for women. There
has been an amendment bill pending that seeks to increase reservation for women to 50%. The
reserved seats may be allotted by rotation to different constituencies in the Panchayat. The
State by law may also provide for reservations for the offices of the Chairpersons.
Duration of Panchayats
A clear term for 5 years has been provided for the Panchayats and elections must take place
before the expiry of the terms. However, the Panchayat may be dissolved earlier on specific
grounds in accordance with the state legislations. In that case the elections must take place
before expiry of 6 months of the dissolution.
Disqualification of Members
Article 243F makes provisions for disqualifications from the membership. As per this article,
any person who is qualified to become an MLA is qualified to become a member of the
Page | 44
Prepared By
Ajay Ratnan
Panchayat, but for Panchayat the minimum age prescribed is 21 years. Further, the
disqualification criteria are to be decided by the state legislature by law.
Finance Commission
State Government needs to appoint a finance commission every five year, which shall review
the financial position of the Panchayats and to make recommendation on the following:
• The Distribution of the taxes, duties, tolls, fees etc. levied by the state which is to be
divided between the Panchayats.
• Allocation of proceeds between various tiers.
• Taxes, tolls, fees assigned to Panchayats
• Grant in aids.
This report of the Finance Commission would be laid on the table in the State legislature.
Further, the Union Finance Commission also suggests the measures needed to augment the
Consolidated Funds of States to supplement the resources of the panchayats in the states.
Page | 45
Prepared By
Ajay Ratnan
Powers and Functions: 11th Schedule The state legislatures are needed to enact laws to
endow powers and authority to the Panchayats to enable them functions of local
government. The 11th schedule enshrines the distribution of powers between the State
legislature and the Panchayats. These 29 subjects are listed below:
Further, the state legislature can authorize the Panchayats to collect and appropriate suitable
local taxes and provide grant in aids to the Panchayats from the Consolidated Funds of the
states.
Audit of Accounts
State Government can make provisions for audit of accounts of the Panchayats.
Page | 46
Prepared By
Ajay Ratnan
Elections
Article 243K enshrines the provisions with respect to elections of the Panchayats. This article
provides for constitution of a State Election Commission in respect of the Panchayats. This
State Election Commission would have the power to supervise, direct and control the elections
to the Panchayats and also prepare the electoral rolls.
The article maintains the independence of the election commission by making provisions that
the election commissioner of this commissioner would be removed only by manner and on
same grounds as a Judge of the High Court.
If there is a dispute in the Panchayat elections, the Courts have NO jurisdiction over them. This
means that the Panchayat election can be questioned only in the form of an election petition
presented to an authority which the State legislature by law can prescribe. (Important) The
election commissioner for this reason is to be appointed by the Governor. The terms and
conditions of the office of the Election commissioners have also to be decided by the Governor.
Applications to Union Territories
Provisions of Panchayats shall be applicable to the UTs in same way as in case of the states but
the President by a public notification may make any modifications in the applications of any
part.
Exempted areas and states

The provisions of part IX are not applicable to the following:
• Entire states of Nagaland, Meghalaya and Mizoram
• Hill areas in the State of Manipur for which District Councils
• Further, the district level provisions shall not apply to the hill areas of the District of
Darjeeling in the State of West Bengal which affect the Darjeeling Gorkha Hill Council.
• The reservation provisions are not applicable to Arunachal Pradesh.
Continuance of Existing Laws
Any provision of any law relating to Panchayats in force in a State immediately before the
commencement of the Constitution (Seventy-Third Amendment) Act, 1992, which is
inconsistent with the provisions of this Part, shall continue to be in force until amended or
repealed by a competent Legislature or competent authority.
Page | 47
Prepared By
Ajay Ratnan
Bar on Interference by Courts
Article 243 O bars the courts to interfere in the Panchayat Matters. The validity of any law
relating to the delimitation of constituencies or the allotment of seats to such constituencies
cannot be questioned in a court. No election to any Panchayat is to be questioned except by an
election petition presented to such authority and in such manner as provided by the state
legislature.
The 73rd Amendment Act is an attempt to restructure the Panchayati Raj to reach the grassroot
level. The bill for the first time gave constitutional status to Panchayati Raj institutions and it
became mandatory on all state governments to implement it. This Amendment brought about
uniformity in structure, composition, powers and functions of panchayats. It gave impetus to
Panchayati Raj to promote social and economic development and improvement in living
condition of rural India. The main criticism levelled against the Act is that these institutions
are viewed as implementing agencies for developmental activities and that they are not given
the status of decentralized political institutions. Criticism apart, the Act fulfilled the dream of
constitutional status to Panchayati Raj Institutions and the state governments brought new
legislations to implement it. It has been explained as the beginning of silent revolution. This
Amendment for the first time in the history of Panchayati Raj Institutions gave opportunities
for women in large numbers to enter local administration
For Your Information
The 73rd Constitutional amendment Act is a landmark in the history of Panchayati Raj. The
Act differs from the Balwant Rai Pattern in two respects. Firstly, Panchayati Raj was not earlier
considered as a political institution but only an implementing body. In this pattern there was
no role of political parties. Elections to Panchayat bodies were held on individual basis.
Contrary to it, the 73rd Constitution Amendment Act allowed political parties to enter into
election fray. Therefore, elections of Panchayati Raj are now contested on party basis.
Secondly, a very conspicuous aspect of the present Panchayati Raj is that it empowered the
women and weaker sections of the village in the sharing of power. The 73rd Amendment Act
made provisions for the reservation of seats for OBC, SC and women. The present Panchayati
Raj is not only an implementing body to the developmental programmes but also a decision-
making body of the village. The present Panchayati Raj is constituted by the 73rd
Page | 48
Prepared By
Ajay Ratnan
Constitutional Act and therefore, it is mandatory for all the states to adopt it in their
constitution.
Important Features of the 73rd Constitutional Act:
1. Panchayats will be institution of self-government.
2. The State shall have a three-tier system- Village Panchayat at the lowest level, Kshettra
Panchayat at the intermediate level and District Panchayat at the top level. The tenure of the
Panchayats shall be five years and in case a Panchayat is dissolved earlier for any reason, the
elections should be conducted within six months and the reconstituted Panchayat shall continue
for the remaining period only.
3. A Gram Sabha shall be constituted for a village or a group of villages having a population
of 1,000 or more. In case a Gram Sabha consists of more than one village, the name of the
village having the largest population shall be specified as the name of the Gram Sabha.
4. Every Gram Sabha shall have a Gram Panchayat and the number of members in a Gram
Panchayat shall be between 9 and 15 depending upon the population of the Gram Sabha.
5. Seats shall be reserved in the Panchayats at all levels for the Scheduled Castes and the
Scheduled Tribes in proportion to their population in the concerned Panchayat area and one-
third of the seats so reserved shall be reserved for women belonging to the concerned category.
6. Seats shall be reserved for Backward Classes in the Panchayats at all levels in proportion to
their population subject to a maximum of 27 per cent in the concerned Panchayat area and one-
third of the seats so reserved shall be reserved for women belonging to the Backward Class.
7. In case of general category also one-third of the seats shall be reserved for women belonging
to any class or category.
8. The chairperson of the village Panchayat shall be elected directly by the voters in the Gram
Panchayat area and he can be removed through a no confidence motion carried by 2/3rd
members of the Panchayat.
9. Offices of the chairpersons of the Panchayats at all levels shall be reserved for the Scheduled
Castes and Scheduled Tribes in proportion to their population in the State and one-third of them
shall be reserved for women belonging to the concerned category.
Page | 49
Prepared By
Ajay Ratnan
10. Offices of chairpersons of the Panchayats at all levels shall be reserved for the Backward
class in proportion to their population in the State subject to a maximum of 27 per cent and
one-third of the seats so reserved shall be reserved for women belonging to Backward Class.
11. In case of general category also one-third of the number of offices of the chairpersons in
the State shall be reserved for women belonging to any class or category.
12. All reservations shall be done on rotation basis as prescribed.
13. The Gram Panchayat shall also act as the Bhumi Prabhandak Samiti.
14. Every Gram Panchayat shall constitute four committees, namely Samata Samiti, Vikas
Samiti, Gram Shiksha Samiti and Lok Hita Samiti.
15. The functions of the Panchayats at the village, block and district levels have been identified
on the lines of the subjects specified under the Eleventh Schedule of the Constitution.
16. A kshettra Panchayat shall include directly elected members at the rate of one member for
every 2000 population, all Pradhans of Gram Panchayats and the concerned MPs, MLAs, and
MLCs.
17. In every Kshettra Panchayat the members of the kshettra Panchayat from amongst
themselves shall elect a Pramukh, a Senior Up-pramukh and a Junior Up-pramukh.
18. Every kshettra Panchayat shall have four committees, namely Karya Samiti; Vitta evam
Vikas Samiti; Shiksha Samiti and Samta Samiti.
19. A Zila Panchayat shall include directly elected members at the rate of one member for every
50 thousand population, all Pramukha and concerned MPs, MLAs, and MLCs.
20. In every Zila Panchayat, the elected members of the Zila Parished from amongst themselves
shall elect Adhyaksha and Up-adhyaksha.
21. A Zila Panchayat shall have five committees, namely-Karya Samiti, Vitta Samiti, Shiksha
evam Jan Swasthya Samiti, Krishi Udyog evam Nirman Samiti and Samta Samiti.
22. At the Zila Panchayat level, there shall be a Chunao Samiti consisting of the Adhyaksha as
chairman, a member of the Karya Samiti and the head of the concerned departments to act as
its secretary.
Page | 50
Prepared By
Ajay Ratnan
23. Pramukh and Adhyaksha can be removed through no confidence motion carried by majority
of the elected members.
24. There shall be a State Finance Commission consisting three members including the
chairman.
25. There shall be a State Election Commission for superintendence and control of the elections
of Panchayats.
26. The government or any officer or person authorized by it shall have the power of removal
of the chairpersons in case of failure of duties or misuse of power etc.
27. The government or any officer or person authorized by it shall have the power of inspection
of the Panchayats and dissolution of Panchayats in case of failure of its duties etc. properly.
The positive impact of the 73rd Amendment in rural India is clearly visible as it has changed
power equations significantly. Elections to the Panchayats in most states are being held
regularly. Through over 600 District Panchayats, around 6000 Intermediate Panchayats and 2.3
lakh Gram Panchayats, more than 28 lakh persons now have a formal position in our
representative democracy.
Still, this bill lacks the proper definition of the role of the bureaucracy. It does not clearly define
the role of the state government. On practical level, people are illiterate in India and they are
actually not aware of these novel features. The Panchayats are dominated by effluents in some
parts of the country. The 3 tiers of the Panchayati Raj have still very limited financial powers
and their viability is entirely dependent upon the political will of the states.
Page | 51
Prepared By
Ajay Ratnan
CHAPTER 4
The Kerala Panchayat Act, 1994 – The Structure of Panchayat Raj Institutions at various
Levels – their Composition – Election of office bearers – Meetings of various bodies.
The development of Kerala has not been uniformed across the State since some parts of the
State were under Princely rule and the rest under the British province of Madras. The areas
under Princely rule had not instituted Panchayats akin to the modern Panchayat until India
became independent. Until 1995, Kerala had only a single tier Village Panchayat and lagged
behind most other states in the implementation of Panchayati Raj. The only notable phase
before the 73rd Amendment was the District Council experiment of 1991, prompted by the
Kerala District Administration Act. This experiment could not survive the regime change at
the State level. After the 73rd and 74th amendments to the Constitution of India the subsequent
Kerala State Acts were passed in 1994, following which the first elections to the local self-
governments were held in 1995. In August 1996, the Kerala State Planning Board was entrusted
with the task of spearheading a ‘campaign’ for decentralised planning, under the leadership of
the Ministry of Local Self Governments. The ‘campaign’ was aimed at making the Ninth Five-
Year Plan of the State of Kerala a ‘people’s plan’. It was launched with an announcement that
35-40% of the total plan (development) funds of the State would be devolved to the local
governments to be spent by them on the basis of the priorities drawn by them. The ‘campaign’
hoped that as the plan process moved forward, the institutional, legal and procedural
bottlenecks to effective decentralisation of power would be removed as and when they arise.
Along with this was the formation of a committee on Decentralisation of Powers under the
chairmanship of Mr. S.B. Sen. This committee designed the institutionalisation of the
decentralisation process in the State. Guided by eight principles of decentralisation - autonomy,
subsidiarity, role clarity, complementarity, uniformity, people’s participation, accountability
and transparency, the Committee suggested clause by clause amendments for the existing laws,
a scheme for redeployment of the staff, a system for improving the auditing of the accounts of
local bodies and guidelines for revision of rules.
Kerala Panchayati Raj Act and Kerala Municipalities Act endowed with the transfer of
schemes, institutions and personnel to rural and urban local governments. The first elections to
the new three tier Panchayat raj institutions, Municipalities and Corporations were held in
September, 1995. The State Government in power brought it with an opportunity to expand the
scope of Panchayati Raj and to increase the space for people's participation in governance under
Page | 52
Prepared By
Ajay Ratnan
the close monitoring by the State Planning Board. Thus, the people's plan campaign was
launched in August, 1996, followed by devolution of 40 per cent of the State’s plan fund to the
Local Governments in 1997. The evolution and fine tuning of decentralized planning and
implementation by local governments took place in the subsequent years under the overall
supervision and guidance of State Planning Board.
As of 2017, Kerala State has 941 Grama Panchayats, 152 Block Panchayats, 14 District
Panchayats, 87 Municipalities and 6 Corporations.
Functions of Rural Local Governments
The Schedule Eleven of the Constitution of India formed the basis for devolving functions to
Rural Local Governments as enshrined in the Kerala Panchayati Raj Act. The functions are
well classified on the basis of Mandatory, General and Sectoral which vary from the tier to
tier of as to Grama Panchayat, Block Panchayat and District Panchayat.
The functions of Grama Panchayat and their functions are explained below:
Mandatory Functions of Grama Panchayats
(1) Regulation of building construction; (9) Management of markets
(2) Protection of public land from (10) Vector control;

encroachment;
(11) Regulation of slaughtering of animals
(3) Protection of traditional drinking water and sale of meat, fish and other perishable
sources; food items;
(4) Presentation of ponds and other water (12) Regulation of eating establishments;
bodies;
(13) Prevention of food adulteration;
(5) Maintenance of water-ways and canals
(14) Maintenance of roads and other public
under their charge;
assets;
(6) Collection and disposal of solid waste
(15) Street lighting and their maintenance;
and control of liquid waste disposal;
(16) Immunization;
(7) Storm water drainage;
(8) Maintenance of environmental hygiene:
Page | 53
Prepared By
Ajay Ratnan
(17) Carrying into effect national and State (22) Provide of ferries;
level strategies and programmes for disease
(23) Provide parking space for vehicles;
prevention and control
(24) Provide waiting-sheds for travelers;
(18) Opening and maintenance of burial
and burning grounds (25) Provide toilet facilities in public
places;
(19) Licensing of dangerous and offensive
trades; (26) Regulate conduct of fairs and festivals;
and
(20) Registration of births and deaths
(27) Licensing of pet dogs and destroying
(21) Provide bathing and washing ghats;
stray dogs
General Functions of Grama Panchayats
(1) Collection and updating of essential (8) Promoting co-operatives;

statistics;
(9) Enhancing communal harmony;
(2) Organising voluntary labour and
(10) Mobilizing local resources in cash and
contribution for community works;
in kind, including free surrender of land for
(3) Carrying out campaigns for thrift; development purposes;
(4) Awareness building on control of social (11) Spreading legal awareness among the
evils like drinking, consumption of weaker sections;
narcotics, dowry and abuse of women and
(12) Campaigning against economic
children;
crimes;
(5) Ensuring maximum people's
(13) Organising neighbourhood groups and
participation in all stages of development
self-help groups with focus on the poor; and
(6) Organising relief during natural
(14) Awareness building on civic duties.
calamities;
(7) Inculcating environmental awareness

and motivating local action for
environmental upgradation;
Page | 54
Prepared By
Ajay Ratnan
Sector-wise distribution of responsibilities of Grama Panchayats

In addition to the mandatory and general functions, there is sector wise distribution of
responsibilities for the Grama Panchayats. They fall under productive, infrastructure and
service sector. They are
(i) Agriculture; (x) Education;

(ii) Animal Husbandry and Dairy; (xi) Public Works;
(iii) Minor Irrigation; (xii) Public Health and Sanitation;
(iv) Fisheries; (xiv) Poverty Alleviation;
(v) Social Forestry; (xv) Scheduled Castes and Scheduled
Tribes Development;
(vi) Small Scale Industries;
(xvi) Sports and Cultural Affairs;
(vii) Housing;
(xvii) Public Distribution System;
(viii) Water Supply;
(xviii) Natural Calamities Relief; and
(ix) Electricity and Energy;
(xix) Cooperatives
THE STRUCTURE OF PANCHAYAT RAJ INSTITUTIONS AT VARIOUS LEVELS

– THEIR COMPOSITION
Grama Sabha
Gram Sabha means a body consisting of all persons whose names are included in the electoral rolls
for the Panchayat at the village level. The term is defined in the Constitution of India under Article
243(b).
Section 3(2) of The Kerala Panchayat Raj Act 1994 states that - “All persons whose names are
included in the electoral rolls relating to a village comprised within the area of a village panchayat
shall be deemed to be constituted as Grama Sabha of such village.”
Meeting of Gram Sabha
According to Section 3(3) of The Kerala Panchayat Raj Act 1994, Grama Sabha shall meet at least
once in three months at the place fixed by the Village Panchayat.
Quorum: 10% of the number of voters of its area. The quorum of the meeting of a Grama Sabha
which was adjourned earlier for want of quorum shall be fifty when convened again
Page | 55
Prepared By
Ajay Ratnan
Inviter and Invitees to the meeting
Inviter: The convenor of the Village Panchayat. [S.3(3)] The member of a village panchayat
representing the constituency comprised in the area of a village shall be the convenor of that Grama
Sabha. [S.3(4)]
Invitees: Member of – 1.) the Block Panchayat, 2.) the District Panchayat 3.) Legislative Assembly
representing the area of the Grama Sabha [these members should be compulsorily invited]
Special Meetings shall be convened by the convenor of the village Panchayath on a request, along
with the agenda made in writing, of not less than 10 percent of the members of any Gram Sabha
within a period of 15 days. Such Special meeting shall be convened only once within the period
between two general meetings.
Presided By: The President of the village panchayat or in his absence. The vice-president or in
the absence of both of them by the convenor of Grama Sabhas.
Powers, Function and Rights, Responsibilities of The Grama Sabha

Section 3A (1) of The Kerala Panchayat Raj Act 1994 prescribes the powers and functions of the
Gram Sabha.
a) to render assistance in the collection and compilation of details required to formulate
development plans of the panchayat;
b) to formulate the proposals and fixing of priority of schemes and development programmes to be
implemented in the area of Village Panchayat;
c) to prepare and submit to the Village Panchayat a final list of eligible beneficiaries in the order
of priority relating to the beneficiary-oriented schemes on the basic of the criteria fixed;
d) to render assistance to implement effectively the development schemes by providing facilities
locally required;
e) to provide and mobilise voluntary service and contribution in cash or in kind necessary for the
development plans;
f) suggesting the location of street lights, street or community water taps, public wells, public
sanitation units, irrigation facilities and such other public utility schemes;
g) to formulate schemes to impart awareness on matters of public interest like cleanliness,
environmental protection, pollution control and to give protection against social evils like
corruption, illicit and clandestine transactions;
h) to promote harmony and unity among various groups of people within the area of the Grama
Sabha and to organise arts and sports festivals to develop goodwill among the people of that
locality;
i) to monitor and render assistance to the beneficiary communities engaged in the developmental
activities within the area of the Village Panchayat.
j) to verify the eligibility of persons getting various kinds of welfare assistance from the
Government such as pensions and subsidies;
Page | 56
Prepared By
Ajay Ratnan
k) to collect information regarding the detailed estimates of works proposed to be implemented in

the area of the Grama Sabha;
l) to make available details regarding the services to the rendered and the activities proposed to be
done by the concerned officials in the succeeding three months;
m) to know the rationale behind every decision taken by the panchayat regarding the area of the
Grama Sabha;
n) to know the follow up action taken on the decisions of the Grama Sabha and the detailed reasons
for not implementing any of the decisions;
o) to co-operate with the employees of the village panchayats in the sanitation processes and
rendering voluntary service for the removal of garbage;
p) to find out the deficiencies in the arrangements for water supply, street lighting etc. within the
area of the Grama Sabha and to suggest remedial measures;
q) to assist the activities of parent-teacher associations of the schools within the area of the Grama
Sabha;
r) to assist the public health activities especially prevention of diseases and family welfare, within
the area of the Grama Sabha.
s) to perform such other functions as may be prescribed from time to time.
The Officers of the Village Panchayats shall attend the meetings of the Grama Sabha as may
be required by the President and an officer nominated by the Village Panchayat as the co-
ordinator of the Grama Sabha shall assist the convenor in convening and conducting the
meetings of the Grama Sabha and in recording its decisions in the Minutes Book and also in
taking up follow up action thereon.
Resolutions may be passed on majority basis, in the meetings of the Grama Sabha in respect of
any issue within its jurisdiction, however, effort should be made to take decision on the basis
of general consensus as far as possible.
The Grama Sabha may appoint, elect or constitute, general or special sub-committees for the
detailed discussions on any issues or programmes and for the effective implementation of the
schemes and the decisions and in furtherance of its rights and responsibilities. Provided that
such committees shall consist of not less than ten members of whom, not less than half shall
be women.
According to Section 3B The Grama Sabha shall have the following responsibilities namely: -
• dissemination of information regarding developmental and welfare activities;
• participating in and canvassing of programmes of Health and Literacy and such other
time bound developmental programmes;
• collecting essential socio-economic data;
Page | 57
Prepared By
Ajay Ratnan
• providing feedback on the performance of development programmes;

• resort to moral sanction to pay taxes, repayment of loans promote environmental
cleanliness and to maintain social harmony;
• mobilise local resources to augment resources of the panchayat;
• supervising development activities as volunteer teams and
• make arrangements for reporting urgently incidence of epidemics, natural calamities, etc.
• The Grama Sabha shall make periodical reports to the village panchayats in respect of
matters specified in a section 3A
GRAM PANCHAYATHS
According to Art.243B, there shall be constituted in every State, Panchayats at the village,
intermediate and district levels in accordance with the provisions of this Part. Panchayats at
the intermediate level may not be constituted in a State having a population not exceeding
twenty lakhs.
According to Section 4(1) of The Kerala Panchayat Raj Act 1994, The Government shall, by
notification in the Gazette, constitute with effect from such date as may be specified in the
notification: -
i. a village panchayat for each village or for group of villages.

ii. a block panchayat at intermediate level; and
iii. a district panchayat for each district panchayat area and specify the names and
headquarters of such panchayats.
Incorporation and administration of panchayats [S.5]

1. Every panchayat shall be a body corporate by the name of the panchayat specified in the
notification issued under section 4, shall have perpetual succession and a common seal and
shall, subject to any restriction or qualification imposed by or under this Act or any other
law, be vested with the capacity of suing or being issued in its corporate name; of
acquiring, holding and transferring property, movable or immovable, of entering into
contracts and of doing all things necessary, proper or expedient for the purpose for which
it is constituted.
2. A district panchayat, a block panchayat and a village panchayat shall exercise such powers,
perform such functions and duties and shall have such responsibilities and authorities as
are provided by or under this Act or any other law for the time being in force.
Page | 58
Prepared By
Ajay Ratnan
The total number of seats in a village panchayat, a block panchayat and a district panchayat to
be filled by direct election shall be notified by the Government. The number of seats to be
notified SHALL NOT in the case of Village Panchayat, be less than twelve or more than
twenty-two; in the case of a Block Panchayat, be less than twelve or more than twenty-
two; in the case of a District Panchayat, be less than sixteen or more than thirty-two; [S.6]
Composition of village panchayat [Section 7]

• All the seats in a Village Panchayat shall be filled by persons chosen by direct election
in accordance with the provisions of this Act.
• In every Village Panchayat, seats shall be reserved for the Scheduled Castes and
Scheduled Tribes.
by the Government for women belonging to the Scheduled castes or the Scheduled
• One-third [including the seats reserved under sub-section (5)] of the total number of
seats in a Village Panchayat shall be reserved by the Government for women and such
seats shall be allotted by the State Election Commission or the Officer authorised by it
• A Village Panchayat shall have a President and a Vice President elected by the members
of the village Panchayat from among themselves.
• The allocation of seats for scheduled castes and scheduled tribes will be on the basis of
rotation to different constituencies.
• A member of scheduled caste or tribes or woman can contest election to the non-
reserved seats.
• A village panchayat has a president, a Vice- President and standing committee
chairman. If the president is from general category the Vice- President shall be
mandatorily a woman. If the president is a woman the Vice- President shall be from
general category.
• A village panchayat has three standing committees
1.Development standing committee
2.Welfare standing committee
3.Health-Education standing committee
Page | 59
Prepared By
Ajay Ratnan
According to Article 243G the Powers, Authority and Responsibilities of Panchayats are
(a) the preparation of plans for economic development and social justice;
(b) the implementation of schemes for economic development and social justice as may be
entrusted to them including those in relation to the matters listed in the Eleventh Schedule.
Powers, duties and functions of village panchayat [Section 166]

1. It shall be the duty of the village panchayat to meet the requirements of the village
panchayat area in respect of the matters enumerated in the Third Schedule: Provided
that it shall be the duty of the village panchayat to render services to the inhabitants of
the village panchayat area in respect of the matters enumerated as mandatory functions
in the Third Schedule.
2. Subject to the other provisions of this Act and the guidelines and assistance financial,
technical or otherwise, of the Government, the village panchayat shall have exclusive
power to administer the matters enumerated in the Third Schedule and to prepare and
implement schemes relating thereto for economic development and social justice
3. Village Panchayat shall also have powers to enhance employment facilities and to
undertake developmental activities and to start manpower banks, under the leadership
of the village panchayats.
4. The Government, the district panchayat and the block panchayat shall subject to
availability of resources provide necessary financial, technical and other assistance to
the village panchayats to enable them to discharge their functions.
5. All grants-in-aid sanctioned by the Government in respect of the matters enumerated in

the Third Schedule shall be distributed through the village panchayat concerned.
6. The Government shall, as soon as may be, after the commencement of this Act, transfer
all institutions, schemes, buildings and other properties, assets and liabilities connected
with the matters referred to in the Third Schedule to the Village Panchayat and every
institution so transferred shall be in the name of the said village panchayat and shall be
known accordingly
Page | 60
Prepared By
Ajay Ratnan
7. The village Panchayat shall administer the institutions and schemes transferred to it,
subject to the guidelines and technical assistance of the Government and in accordance
with the state and national policies.
8. The village panchayat shall not have any power to sell, transfer, alienate or pledge the
properties transferred to it.
Composition of Block Panchayat [Section 8]

• Every block Panchayat shall consist of: -
a) elected members equal to the number of seats notified under sub-section (1) of
section 6:
b) the Presidents of the Village Panchayats in the territorial area of the Block
Panchayat; and
• All the seats in a Block Panchayat notified under sub-section (1) of section 6 shall be
filled by persons chosen by direct election in accordance with the provisions of this
Act.
• In every Block Panchayat, stipulated seats shall be reserved for the Scheduled Castes
and the Scheduled Tribes.
• One-third of the total number of seats reserved under such section (4) shall be reserved
by the Government for women belonging to the Scheduled Castes or the Scheduled
Provided that the number of seats reserved for Scheduled Castes or as the case may be,
the Scheduled Tribes under sub-section (4) is one, that seat need not be reserved for
women belonging to Scheduled Castes or as the case may be, Scheduled Tribes.
• One-third [including the seats reserved under sub-section (5) of the total number of
seats in a block panchayat shall be reserved by the Government for women and such
seats shall be allotted by 10[the State Election Commission] or the Officer authorised
by it *** under sub-section (1B) of section 10 by rotation to the different constituencies
in the block panchayat area.
Page | 61
Prepared By
Ajay Ratnan
• Nothing contained in sub-section (3) to (6) shall be deemed to prevent members of the
Scheduled Castes or the Scheduled Tribes or the women from standing for election to
the non-reserved seats in a block panchayat.
• A Block Panchayat shall have a President and a Vice President elected by the elected
members of the Block Panchayat from among themselves
reserved seats.
• A block panchayat has a president, a Vice- President and standing committee chairman.
If the president is from general category the Vice- President shall be mandatorily a
woman. If the president is a woman the Vice- President shall be from general category.
• A block panchayat has three standing committees.
1.Development standing committee
2.Welfare standing committee
3.Health-Education standing committee
Functions and Powers of Block Panchayats (Panchayat Samiti)
1. Panchayat samiti has to channels all development programmes which would evoke people
involvement and participation within their jurisdiction.
2. They have to exercise the powers for planning, executing and evaluating their programmes.
3. Panchayat Samiti has to secure firm support of the people for which the programme is
implemented and continued.
4. The powers are used to make efficient use of local resources for whole taluka.
5. The powers are utilized to sanction the budget, plans and modification or the village level
work at various locations.
6. The loans available with Development Department through Banks may be spent and
recovered timely.
Page | 62
Prepared By
Ajay Ratnan
7. The President and Members of the Panchayat Samiti need to include economical, social and
cultural aspects of Development Block.
8. Panchayat Samiti acts as inter-me diary for handing over the activities or official programme
sanctioned by the Government at the village level.
9. Block Development Officer has to supervise over all programmes of the Panchayat Samiti
and keeps on reporting to the higher authorities. He is supported with Subject Matter Specialists
and Ministerial staff at his head quarter.
10. Panchayat Samiti has to reach the grass root level with felt need based programmes to the
people. It has to certain the very specific local problems of different nature and the same have
to be presented in the form of proposals to higher authority.
Composition of the District Panchayat [Section 9]
• Every district panchayat shall consist of, -

a) elected members equal to the number of seats notified under sub-section (1) of
section 6; and
b) the presidents of the block panchayats in the district;
• All the seats in a district panchayat notified under sub-section (1) of section 6 shall be
filled by persons chosen by direct election in accordance with the provisions of this
Act.
• In every District panchayat, stipulated seats shall be reserved for Scheduled Castes and
the Scheduled Tribes.
by the Government for women belonging to the Scheduled Castes or, as the case may
be, the Scheduled Tribes:
Provided that the number of seats reserved for Scheduled Caste or, as the case may be,
the Scheduled Tribes under sub-section (4) is one, that seat need not be reserved for
women belonging to Scheduled Castes or, as the case may be, Scheduled Tribes.
• One-third including the seats reserved under sub-section (5) of the total number of seats
in a District Panchayat shall be reserved by the Government for women and such seats
shall be allotted by 13[the State Election Commission] or the Officer authorised by it
**under sub-section(1B) of section 10 by rotation to different constituencies in the
District Panchayat area.
Page | 63
Prepared By
Ajay Ratnan
• Nothing contained in sub-sections (3) to (6) shall be deemed to prevent members of the
Scheduled Castes or the Scheduled Tribes or the women from standing for election to
the non-reserved seats in a District Panchayat.
• A District Panchayat shall have a President and a Vice-President elected by the elected
members of the District Panchayat from among themselves.
reserved seats.
• A district panchayat has a president, a Vice-President and standing committee
chairman. If the president is from general category the Vice-President shall be
mandatorily a woman. If the president is a woman the Vice-President shall be from
general category.
• A district panchayat has four standing committees.
1. Development standing committee
2. Welfare standing committee
3. Health-Education standing committee
4. Public works standing committee.
Power, duties and functions of district panchayats [Section 173]

1. It shall be the duty of the district panchayats to meet the requirements of the district
panchayat area in respect of the matters enumerated in the Fifth Schedule.
107[(2) subject to the other provisions of this Act and the directions of the Government,
the District Panchayat shall have exclusive power to administer the matters enumerated to
the Fifth Schedule and to prepare and implement the schemes in the subjects specified
therein, for economic development and social justice.
2. Subject to the other provisions of this Act and the directions of the Government, the district
panchayat shall have exclusive power to administer the matters enumerated in the Fifth
Schedule.
3. the Government shall, subject to availability of resources provide necessary financial,
technical and other assistance to the district panchayat to enable them to discharge their
functions.
Page | 64
Prepared By
Ajay Ratnan
4. All grants-in-aid sanctioned by the Government in respect of the matters enumerated in the
Fifth Schedule shall be distributed through the district panchayat concerned.
5. The Government shall, as soon as may be, after the commencement of this Act, transfer to
the district panchayats all the institutions, projects and buildings and other properties and
assets and liabilities connected with the matters referred to in the Fifth Schedule. 108(and
every Institutions so transferred shall be in the name of that district panchayat and shall be
known accordingly)
6. The district Panchayat shall administer the institutions and schemes, transferred to it,
subject to the guidelines and technical assistance of the Government and in accordance with
the State and National policies.
7. The district Panchayat shall have no power to sell, transfer, alienate or pledge the properties
transferred to it.
MEETINGS OF PANCHAYATS
1) The meetings of a Panchayat at any level shall be held at such intervals, as may be
prescribed:
Provided that the interval between two meetings shall not exceed one month.
86[(1 a) If a notice in writing is given to the President by not less than one third of the
members or members notified by Governments under sub-section (1) of section 6,
specifying the purpose for which the meeting is to be convened, he shall convene, a special
meeting of the panchayat for considering that matter]
2) Every meeting of a Panchayat shall be presided over by its President or, in his absence, but
its Vice-President or, in the absence of both, by a member chosen by the members present
at the meeting to preside over the occasion.
3) The person presiding shall preserve order at the meeting and decide all points of order
arising at or in connection with meetings. There shall be no discussion on any point of order
and the decision of the person presiding on any point of order shall be final.
4) Save as provided in this Act, the time and place of a meeting of a Panchayat, the quorum of
such meeting, the procedure of calling such meeting and the procedure at such meeting shall
be such as may be prescribed.
5) The rules referred to in sub-section (4) may provide for preventing any member or President
or any member or Chairman of a committee from voting on, or taking part in the discussion,
of any matter in which apart from its general application to the public he has any direct or
Page | 65
Prepared By
Ajay Ratnan
indirect pecuniary interest, whether by himself or through some other person, or from being
present or presiding at any meeting of the Panchayat or of the committee during the
discussion of any such matter.
6) All questions before a meeting of a Panchayat shall be decided by a majority of votes of the
members present and unless otherwise provided in this Act, the person presiding the meeting
shall have a casting vote in all cases of equality of votes.
7) No resolution of a Panchayat shall be modified, varied or cancelled by that Panchayat within
a period of three months from the date of passing thereof, except by a resolution supported
by two-thirds of the whole numbers of member of such Panchayat.
8) [87Any member, who was present at a meeting of the panchayat shall have the right to give
the secretary a note of dissent regarding a resolution passed by the Panchayat if has voted
against such resolution, within forty-eight hours of the conclusion of the meeting.
9) The secretary shall forward copy of the minutes of every meeting of the Panchayat and the
copy of the note of dissent if any, received under sub-section (8) to the Government or to
the officer authorised by Government in this behalf, within ten days after the date of the
meeting.]
Meeting Detailed: The Kerala Panchayat Raj (Procedure for Panchayat Meeting) Rules,
1995.
[S.3] Place and time of meeting. - Each Panchayat shall have an office in its headquarters
designated by the Government under sub-section (1) of Section 4 and the President shall
convene the meeting of the Panchayat at least once in a month and it shall be held in the
Panchayat office on the date and at the time fixed by him:
Provided that no meeting shall be held on public holidays notified by the Government:
Provided further that no meeting shall be held before 9 O’ clock in the morning and after 6
O’clock in the evening, except in urgent situations.
[S.4] Notice and agenda of meeting. - (1) The notice regarding the place, date and time of the
meeting and subject to be discussed in the meeting shall be given to the members at least three
clear days prior to the date fixed for beginning of the meeting:
Provided that, in the above said clear days, declared holidays shall be included but the date of
receipt of notice and the date of meeting shall not be included.
Page | 66
Prepared By
Ajay Ratnan
(2) Notwithstanding anything contained in sub-rule (1), if urgent decision of the Panchayat is
inevitably required in any case, the President may convene special meeting by giving ** notice
of a period not less than 24 hours.
(3) No subject which is not included in a given agenda for the particular meeting shall be
considered in that meeting:
Provided that orders and directions having urgency and send by Government for consideration
of Panchayat shall be considered in that meeting, even if they are not included in the agenda.
(4) Copies of notice and agenda issued under sub-rules (1) and (2) shall be published in the
notice board of the Panchayat on the date of notice itself.
[S.5] Preparation of agenda. (1) The Secretary shall prepare the agenda for the meeting in
consultation with the President.
(2) The agenda shall include the subjects which, according to the Secretary or the ex-officio
Secretary requires decision of the Panchayat thereon, the subjects that are proposed by the
President, the questions to be answers in the meeting by the President or the Chairman of the
Standing Committee, as the case may be, under rule 12 and the resolutions that may be allowed
to be introduced in the meeting under rule 13.
(3) All the subjects included in the agenda for the consideration of the Panchayat meeting shall
be serially numbered and recorded in an agenda register in which the page numbers are serially
marked in advance and the register shall be under the custody of the Secretary.
(4) The Secretary shall have the responsibility to render advice to the Panchayat necessary for
taking decision in accordance with the provisions of the Act and the Rules made thereunder on
any subject included in the agenda for the consideration of the panchayat and he shall,
accordingly record his opinion in the respective file and the notes containing such opinion shall
either be given to the members before the commencement of the meeting or be submitted before
the meeting at the time of consideration on the subject.
[S.6] Requisition for convening of meeting: - (1) The President shall, if so requested by not
less than one third of the number of members of the Panchayat as notified by the Government
under sub-section (1) of section 6, by giving notice to him in writing specifying the purpose
for which the meeting is to be convened, convene, within ten days of getting the notice, a
special meeting of the Panchayat to consider such matter.
(2) Copy of the notice given to the President under sub-rule (1) shall be given to the Secretary
Page | 67
Prepared By
Ajay Ratnan
(3) Where the President does not convene the meeting within ten days of the receipt of the
notice under sub-rule (1) the members who given the notice may after giving notice to the other
members as provided under sub-rule (1) of rule 4, and informing the Secretary, convene a
special meeting of the Panchayat. No other subjects expect the subject mentioned in the notice
shall be discussed in such meeting’
(4) No meeting under sub-rule (1) or sub-rule (3) shall be convened at a place other then the
place at which the office of the Panchayat is situated.
[S.7] Quorum for Panchayat meeting. - (1) One third of the sanctioned strength of the
members of the Panchayat shall be the quorum and no Panchayat meeting shall be held if that
much number of members are not present in the meeting.
(2) The meeting shall not be proceeded with if at any time there becomes a fall in quorum.
(3) Even after passing half an hour from the time appointed for a meeting, the quorum does not
occur and the members present refuse to wait further, the meeting shall be deemed to have been
postponed.
(4) There shall be a register containing the names of members of the Panchayat and
all the members present in a meeting shall put their signature on it.
[S.8] Panchayat meeting to be held open. - The public and reporters shall have access as
visitors to the meeting of a Panchayat at any level and such access shall be controlled by the
President, Vice-President or the presiding member:
Provided that the person presiding may, for reasons to be recorded in the minutes book, direct
the public in general or a person or persons in particular to withdraw or be removed from any
meeting of the Panchayat.
[S.9] Holding and Presiding over meetings. - (1) The President or in his absence the Vice-
President or in the absence of both a member chosen by majority opinion of the
members present shall take chair of the Panchayat meeting.
(2) The Chairman may, if the law and order situation become out of control, stop the meeting
for such time as he may decide or for the day.
Page | 68
Prepared By
Ajay Ratnan
(3) The Chairman shall control the meeting and decide on all points that arises at or in
connection with the meeting. There shall be no discussion on a point of order and the decision
of the Chairman shall, save as otherwise provided in the Act or in these rules, be final.
(4) The Chairman shall, if any member behaves disorderly and causes obstruction in
conducting the meeting, direct such member to withdraw forthwith and if disobeys, suspend
him from the meeting for the day and on such suspension the member shall immediately
withdraw from the meeting, failing which he shall be removed, if necessary, by using
reasonable force.
[S.10] Decision in meetings. - The Panchayat shall decide all subjects coming for
consideration by majority, votes of the members present and the Chairman may exercise a
casting vote in all cases of equality of votes.
The public and reporters shall have access as visitors to the meeting of the panchayat. A
member who desires to ask question in a meeting shall give a copy of the question at least
seven clear days in advance to the president. In any meeting a member may ask up to two
questions for obtaining information on any matter relating to the panchayat. The president
shall decide whether a question should be allowed or not.
A member who intends to move a resolution shall give seven clear days notice in writing
to the president along with a copy of the resolution.
1. No member shall move more than one resolution.
2. It shall relate to matters coming within the administrating power of the panchayat.
3. It shall be clearly and precisely worded.
4. It shall relate to a single matter.
5. It shall not contain arguments, hypothetical inferences, ironical expressions or
defamatory statements.
6. It shall not refer to the conducts or character of a person.
7. It shall not refer a matter which is pending before a court.
8. It shall be seconded by another member.
Any member decided to speak on an issue before the panchayat shall intimate the same in
writing to the chairman. No speech shall ordinarily exceed four minutes duration.
If any member demands a poll, it shall be done by raising of hand. The chairman shall declare
the results of the poll and shall not be challenged.
When the chairman rises for talking, the member speaking shall stop it and sit down
immediately.
The secretary shall attend all the meetings of the panchayat and in unavoidable circumstances
an officer appointed by the secretary shall attend the meeting. There shall be a decision register
Page | 69
Prepared By
Ajay Ratnan
to record the decisions and the solutions passed in panchayat meeting. The secretary within 48
hours of the meeting shall give a copy of decisions and resolutions to all the members of the
panchayat. The secretary shall within 10 days after the date of the meeting forward a copy of
the minutes to the government. The minutes and records of the panchayat and other committees
shall be under the custody of secretary.
ELECTION
The State Election Commission
According to 243K of the Constitution
243 K (1) The superintendence, direction and control of the preparation of electoral rolls for,
and the conduct of, all elections to the Panchayats shall be vested in State Election
Commission consisting of a State Election Commissioner to be appointed by the Governor.
(2) Subject to the provisions of any law made by the Legislature of a State, the conditions of
service and tenure of office of the State Election Commissioner shall be such as the Governor
may by rule determine: Provided that the State Election Commissioner shall not be removed
from his office except in like manner and on the like grounds as a Judge of a High Court and
the conditions of service of the State Election Commissioner shall not be varied to his
disadvantage after his appointment. (3) The Governor of a State shall, when so requested by
the State Election Commission, make available to the State Election Commission such staff as
may be necessary for the discharge of the functions conferred on the State Election
Commission by clause (1). (4) Subject to the provisions of this Constitution, the Legislature of
a State may, by law, make provision with respect to all matters relating to, or in connection
with, elections to the Panchayats.
The State Election Commissions constituted under the Constitution (Seventy-third and
Seventy-fourth) Amendments Act, 1992 for each State / Union Territory are vested with the
powers of conduct of elections to the Corporations, Municipalities, Zilla Parishads, District
Panchayats, Panchayat Samitis, Gram Panchayats and other local bodies. They are independent
of the Election Commission of India.
As soon as may be, after a request by the State Election Commission to the Governor under
clause (3) of article 243K, the Government shall lend the services of such number of Officers
Page | 70
Prepared By
Ajay Ratnan
and employees as may be necessary to assist the State Election Commission in the discharge
of its functions.
The State Election shall, in consultation with the Government, designate or nominate an officer
of the Government or a local authority as district election officer for each district.
For every constituency in a village panchayat there shall be prepared an electoral roll in
accordance with the provisions of this act. [S.16]
A person shall be disqualified for registration in an electoral roll if he,

• is not a citizen of India; or
• is of unsound mind and stands so declared by a competent court; or
• is for the time being disqualified from voting under the provisions of any law relating
to corrupt practices and other offences in connection with elections. [S.17]
No persons shall be entitled to be registered in the electoral roll for more than one constituency.
No person shall be entitled to be registered in the electoral roll, for any constituency more than
once.
State Election Commission, Kerala came into existence on 3rd December 1993 as envisaged
in Article 243(k) of the Constitution of India. The superintendence, direction and control of
preparation of voters list and conduct of election to the Local Self-Government Institution vest
with the Commission.
Qualifications of Candidate [Section 29]

A person shall not be qualified for chosen to fill a seat in a panchayat at any level unless: -
a) his name appears in the electoral roll of any constituency in the Panchayat;
b) he has completed his twenty-first year of age (on the date of filing of nomination);
c) in the case of a seat reserved for the Scheduled Castes or for the Scheduled Tribes, he
is a member of any of those castes or for those tribes, as the case may be;
d) in the case of a seat reserved for women, such person is a woman;
e) he makes and subscribes before the returning officer or any other person authorised
by the State Election Commission an oath of affirmation according to the form set out
for the purpose in the first schedule.
f) he has not been disqualified under any other provisions of this Act.
Page | 71
Prepared By
Ajay Ratnan
Disqualifications of the Candidate [Section 34]
A person shall be disqualified for being chosen as and for being a member of a panchayat at
any level, if he –
a) is so disqualified by or under any law, for the time being in force, for the purposes of
elections to the Legislative Assembly; or
b) (i)has been sentenced by a court or Tribunal to imprisonment for a period not less
than three months for an offence involving moral turpitude;
(ii) has been found guilty of an offence of corruption by a competent authority under
nay law in force;
(iii) has been held personally liable for maladministration by the Ombudsman
constituted under section 271 G; or
c) has been adjudged to be of unsound mind; or
d) has voluntarily acquired the citizenship of a foreign State; or
e) has been sentenced by a criminal court for any electoral offence punishable under
Section 136 or section 138 or has been disqualified from exercising any electoral
right on account of corrupt practices in connection with an election, and six years
have not elapsed from the date of such sentence or disqualification; or
f) is an applicant to be adjudicated an insolvent or is an undischarged insolvent; or
g) is interested in a subsisting contract made with, or any work being done for, the
Government or the panchayat concerned except as a shareholder (other than a
director) in a company or except as permitted by rules made under this Act;
is employed as a paid legal practitioner on behalf of the Government or the panchayat
concerned; or
h) is already a member whose term of office as such will not expire before his fresh
election can take effect or has already been elected a member whose term of office has
not yet commenced; or
i) is in arrears of any kind due by him to the Government or the Panchayat concerned
(otherwise than in a fiduciary capacity) upto and inclusive of the previous year in
respect of which a bill or notice has been duly served upon him and the time, if any,
specified therein for payment has expired; or
j) is dismissed or removed from the service of the Central Government or of the State
Government or the Service of any local authority or any other service referred to in sub-
Page | 72
Prepared By
Ajay Ratnan
section (1) of section 30; and five years have not elapsed from the date of such dismissal
or removal; or has been disqualified as per the provisions of the Kerala Local
Authorities (prohibition of Defection) Act, 1999 and has not completed six years from
the date of disqualification.
k) is debarred from practising as an advocate or vakil; or
l) is a deaf-mute; or
m) is disqualified under any other provision of this Act; or
n) is included in the black list for any default in connection with any contract or tender
with the Government.
o) has been found liable for loss, waste or misuse of money or other property of the
panchayat by the Ombudsman.
Disqualification of persons convicted for certain offences

Every person convicted of an offence punishable under Chapter IX-A [Of Offences Relating
To Elections] of the Indian Penal Code,1860 (Central Act 45 of 1860) or under any other
provision of law mentioned in section 8 of the Representation of People Act, 1951 (Central
Act 43 of 1951) or under any law or rule relating to the infringement of the secrecy of an
election, shall be disqualified from voting or from being elected in any election to which this
Act applies or from holding the office of a member of a panchayat at any level for a period of
six years from the date of his conviction.
Chapter IX-A [Of Offences Relating to Elections] of the Indian Penal Code,1860
171A. “Candidate”, 171G.False statement in

“Electoral right” defined. connection with an
171E. Punishment for
election.
171B. Bribery. 171C. bribery.
Undue influence at 171H. Illegal payments in
171F. Punishment for
elections. connection with an
undue influence or
election.
171D.Personation at personation at an election.
elections. 171-I. Failure to keep
election account
Page | 73
Prepared By
Ajay Ratnan
Disqualifications of Members [Section 35]
Subject to the provisions of section 36, or section 102 a member shall cease to hold office as
such, if he –
a.) (i) has been sentenced by a court or Tribunal to imprisonment for a period not less
than three months for an offence involving moral turpitude;
(ii) has been found guilty of an offence of corruption by a competent authority under
nay law in force;
(iii) has been held personally liable for maladministration by the Ombudsman
constituted under section 271 G; or
b) has been adjudged to be of unsound mind; or
c) has voluntarily acquired the citizenship of a foreign State; or
d) has been sentenced by a criminal court for any electoral offence punishable under
section 136, Section 138 or has been disqualified from exercising any electoral right on
account of corrupt practices in connection with an election, and six years have not
elapsed from the date of such sentence or disqualification; or
e) has applied to be adjudicated, or is adjudicated, an insolvent; or
f) acquires any interest in any subsisting contract made with, or work being done for, the
Government or the panchayat concerned except as a shareholder (other than a director)
in a company or except as permitted by rules made under this Act:
g) is employed as a paid legal practitioner on behalf of the Government or the panchayat
concerned; or
h) ceases to reside within the area of the panchayat concerned; or
i) is debarred from practising as an Advocate or Vakil; or
j) is in arrears any kind due by him (otherwise than in a fiduciary capacity) to the
Government or the panchayat concerned upto and inclusive of the previous year in
respect of which a bill or notice has been duly served upon him and the time, if any,
specified therein has expired; or
k) absents himself without the permission of the panchayat concerned from its meetings
or the meeting of the standing committee thereof for a period of three consecutive
months reckoned from the date of commencement of his term of office or of the last
meeting that he attended, or of the restoration to office as member under sub-section
(1) of section, 37. as the case may be, or if within the said period, only in less than three
meetings of the panchayat or of the Standing Committee as the case may be, have been
held, absents himself from three consecutive meetings held after the said date;
Provided that no meeting from which a member absented himself shall be counted
against him under this clause if, -

(i) due notice of that meeting was not given to him; or than that prescribed for an
ordinary meeting; or
(ii) the meeting was held after giving shorter notice than that prescribed for an ordinary
meeting; or
(iii) the meeting was held on a requisition of members; or
36[Provided further that no permission shall be granted by the Panchayat to a member
for absenting himself from meetings of the Panchayat or of the Standing Committee for
a continuous period of more than six months.
l) is disqualified under any provisions of the Constitution or under any law for the time
being in force for the purpose of election to the Legislature of the State; or
m) is disqualified under any other provision of this Act.
n) has been disqualified under the provision of Kerala Local Authorities (Prohibition of
Defection) Act, 1999; or
o) is liable for the loss, waste or misuse caused to the panchayat;
p) has failed, twice consecutively to convene the meetings of the Grama Sabha, due once
in three months of which he is the convenor; or
q) has failed to file declaration of his assets within the time limit prescribed under section
159
Election agents [Section 58]
A candidate at an election may appoint, in the prescribed manner any one person other than
himself to be his election agent and when any such appointment is made notice of the
appointment shall be given in the prescribed manner, to the returning officer.
Returning Officers [Section 41]
For every Panchayat for every election to fill a seat or seats in the Panchayat, the State Election
Commission, shall, consultation with the Government, designate or nominate 43one or more
returning Officer who shall be an Officer of the government or of a local Self Government
Institutions: Provided that nothing in the section shall prevent the State Election Commission
from designating or nominating the same person to be the returning Officer for more than one
Panchayats lying adjacent.
Page | 75
Prepared By
Ajay Ratnan
It shall be the general duty of the returning officer at any election to do all such acts and things
as may be necessary for effectually conducting the election in the manner provided by this Act
and the rules or orders made there under. [Section 42]
Term of office of members [Section 149]
1. The term of office of members of a village panchayat, a block panchayat or a district panchayat
shall be five years from the date fixed for convening the first meeting of that panchayat.
2. Ordinary vacancies in the office of members of panchayat at any level shall be filled at general
elections which shall be fixed by the Government to take place on such day or days within
three months before the occurrence of the vacancies as they think fit.
3. A casual vacancy in the office of a member of panchayat at any level shall be filled by the State
Election Commission, within six months after the occurrence of the vacancy, through a bye-
election.
4. No bye-election shall be held to fill a vacancy occurring within six months before the ordinary
date of retirement by efflux of time.
5. A member of a Panchayat at any level elected at a bye-election shall enter upon office
forthwith, but shall hold office only so long as the member in whose place he is elected would
have been entitled to hold office if the vacancy had not occurred.
Oath or affirmation by members [Section 152]

1. After every General election to the Panchayat, the Government shall, for convening the first
meeting of the panchayat, nominate the eldest person elected as a member of the panchayat
and he shall, before convening such meeting, make and subscribe an oath or affirmation in the
forms set out for the purpose in the second schedule before the Government officer nominated
by the Government for the purpose.
2. All other members shall, before assuming office make and subscribe an oath or affirmation.
3. A member who could not take an oath or affirmation under sub-election (2) or a member elected
in a bye-election may take such oath before the president.
4. No elected member who has not taken an oath or affirmation under sub-section (1) or sub-
section (2) or sub-section (3) shall vote or take part in the proceedings of any meeting of the
Panchayat in which he is a member nor shall he be included as a member of any committee
constituted by that Panchayat.
Page | 76
Prepared By
Ajay Ratnan
5. Government may declare the office of the member as vacated on his own motion, when such a
member has not entered upon his office without sufficient cause by taking, oath or affirmation
within a maximum period of thirty days from the date he was declared as elected.
Page | 77
Prepared By
Ajay Ratnan
CHAPTER 5
Powers & Functions of the various Panchayat Raj Institutions- Financial powers- Finance
Commission- Tax Collection- Welfare Activates – Governmental and Judicial control over
Panchayat Raj Institutions.
PRESIDENT OF A VILLAGE PANCHAYAT
In every village panchayat there shall be a president and a vice – president. They shall be
elected from among the elected members of the panchayat. The president shall be a full-time
functionary of the panchayat. In a panchayat where the office of the president has not been
reserved for woman, the office of the vice-president shall be reserved for women. The president
and vice-president shall take oath before assuming the office. Any vacancy regarding the office
of president or vice-president shall be reported to the state election commission. And the state
election commission should take steps for the election of president or vice-president. The
president and vice-president or any member of the panchayat shall submit their resignation in
the prescribed form to the secretary. If any dispute regarding the resignation arises the decision
of the election commission shall be final.
The executive power for the purpose of carrying out the provisions of this act and the resolution
passed by a panchayat shall vest in the president. When the office of the president is vacant,
the vice-president shall exercise the functions of the president. Where the offices of president
and vice-president are vacant the chairman of development standing committee shall act as
president. A President shall be deemed to have vacated his office on the expiry of his term of
office as member or on his being sentenced by a criminal court for the imprisonment for any
offence involving moral delinquency or on his otherwise ceasing to be a member of that
Panchayat. A Vice-President shall be deemed to have vacated his office –on the expiry of his
term of office as member or on his being sentenced by a criminal court for imprisonment for
any offence involving moral delinquency or on his otherwise ceasing to be a member, or on his
election as President. If the president of the panchayat is continuously absent from jurisdiction
for more than fifteen days or is in capacitated, his functions, during such actions of incapacity
shall, except in such circumstances as may be prescribed, vest on the vice-president of that
panchayat.
Where the offices of the President and the Vice-President are vacant, the Chairman of the
standing committee in the order mentioned in sub-section (1) of section 162, shall perform the
Page | 78
Prepared By
Ajay Ratnan
functions of the President till a new President or Vice-President assumes office and where there
is no President or Vice-President or Chairman of standing committee to hold the office of the
President, the eldest among the elected members shall perform the functions of the President
until the President or Vice President or Chairman of any Standing Committee assumes office.
POWERS & FUNCTIONS OF PRESIDENT
• The president normally preside over and control the meetings of the panchayat and
gram Sabha
• Exercise supervision and control over the officers and employees of the panchayat.
• Allow contingent expenditures up to such limit fixed by state government.
• Authorized payments of the panchayat
• In case of emergency he can directly execute any public work and such works shall be
paid from the funds of the panchayat
• He should ensure the attendance of the secretary and other employees of the panchayat.
• He can suspend any employee or officer of the panchayat other than secretary and the
government officers in the gazetted ranks.
• He can call for in writing any file or records relating to administration of the panchayat
from the secretary or any officer of the panchayat.
• to refer immediately to Government any resolution passed by the Panchayat, which in
his opinion has not passed in accordance with law or is in excess of power conferred
by this Act, or any other law or if carried out, is likely to endanger human life, health
or public safety.
Standing Committees [Section 162]
In every Panchayats standing committees as stated below shall be constituted namely: -
STANDING COMMITTEES
Village Panchayat Block Panchayat District Panchayat
Standing committee for Standing Committee for Standing Committee for

Finance Finance Finance
Standing Committee for Standing Committee for Standing Committee for
Development Development Development
Page | 79
Prepared By
Ajay Ratnan
Standing Committee for Standing Committee for Standing Committee for

Welfare. Welfare Welfare
Standing Committee for
Health and Education
Standing Committee for
Public Works.
• Every standing committee shall consist of such number of members, including its chairman as
decided by the Panchayat, so that all other elected members except the President and Vice-
President shall be elected as a member in any of the standing committee and the number of
members elected to each standing committee shall, as far as possible, be equal.
• In every standing committee there shall be members elected by the elected members of the
Panchayat from among themselves under the proportional representation system by single
transferable vote and a member shall not be a member of more than one standing
committee at a time.
• The Chairman of every standing committee, except the standing committee for finance, shall,
be elected by the members of the respective standing committee from among themselves.
• The Vice-President shall be an ex-officio member and chairman of the standing
committee for finance and the President shall be an ex-officio member of all standing
committees without the right to vote.
• A member other than an ex-officio member of a standing committee and the chairman of a
standing committee other than the standing committee for finance may resign the membership
or chairmanship of a standing committee as the case may be by tendering resignation to the
Secretary in the prescribed form and the resignation shall take effect from the date on which
it was received by the Secretary and the Secretary shall inform the fact immediately to the
President and the panchayat.
• The person who resigns the membership of chairmanship of the standing committee shall give
in person or send through registered post his resignation where such resignation letter is attested
by a gazetted officer, as the case may be his resignation to the Secretary and the Secretary shall
acknowledge receipt of the same.
• Except as otherwise provided in this Act, the term of the Chairman of a Standing Committee
or its member shall co-exists with the terms of that Panchayat.
• An election to fill up casual vacancy of the member of standing committee shall be conducted
within thirty days of the occurrence of that vacancy:
Provided that where the vacancy in a standing committee could not be filled up due to the
vacancy of a member of panchayat, the vacancy of standing committee shall be filled up within
thirty days from the date of filling up of the vacancy of the member of panchayat.
• If a casual vacancy of the Chairman of a standing committee other than the standing committee
for finance arises one of its members shall be elected as its chairman in the next meeting of the
standing committee.
Page | 80
Prepared By
Ajay Ratnan
Subjects to Be Dealt with By the Standing Committees

Standing Subject Subject Subject
Committees Village Panchayat Block Panchayat District Panchayat
Finance finance, tax, finance, accounts, finance, accounts,
accounts, audit, audit, budget, audit, budget,
budget, general general general
administration, administration and administration and
appeal relating to tax subjects not allotted subjects not allowed
and subjects not to other standing to other standing
allotted to other committee committee
standing committees
Development development like development development
planning, socio- planning, socio and planning, socio-
economic planning, economic planning, economic planning,
spatial planning, agriculture, animal agriculture, soil
agriculture, soil husbandry, minor conservation, animal
conservation, social irrigation, fisheries, husbandry, minor
forestry, animal small-scale industry, irrigation, fisheries
husbandry, diary public works, and small-scale
development, minor housing, electricity industry,
irrigation, fisheries, and maintenance of
small-scale industry, watershed;
public works,
housing, regulation
of building
construction,
electricity,
Welfare development of Development of like social welfare,
scheduled caste- Scheduled Caste – development of
scheduled tribe, Schedule Tribe, women and children
development of Development of and development of
Page | 81
Prepared By
Ajay Ratnan
women and children, Women and scheduled caste-

social welfare, social Children, Social scheduled tribe.
security, slum Welfare, Public
improvements, Health, Education,
poverty alleviation, Art, Culture and
public distribution Entertainment and
system, Public Environment;
Health, Sanitation,
Education, Art and
Culture and
entertainment, water
supply, sewerage
and environment
Public Works like public works,
housing, spatial
----------------------------------------------------- planning and
environment;
Health and public health and

Education ----------------------------------------------------- education;
Steering Committee [Section 162B]
1. There, shall be a steering committee in every panchayat consisting of its President,

Vice-President and the Chairman of standing committees and the President shall be the
chairman of the said committee.
2. The steering committee shall co-ordinate and monitor the functions of the standing
committees and shall perform such other powers and functions as may be entrusted to
it by the panchayat.
Secretary of Panchayat [Section 179]
For every panchayat there shall be appointed a secretary who shall be a Government Servant.
Page | 82
Prepared By
Ajay Ratnan
The panchayat shall pay the secretary such salary and allowances as may from time to time, be
fixed by the Government and shall also make such contributions towards his leave allowance,
pension and provident fund as may be required by the condition of his service under the
Government to be made by him or on his behalf.
The Government of any authority authorised by Government may, at any time, transfer
secretary from a panchayat and shall do so if such transfer in recommended by a resolution of
the panchayat passed at a special meeting called for the purpose and supported by a simple
majority of votes of the allowed strength of the panchayat.
Provided that before considering such a resolution by the panchayat, the Secretary shall be
given an opportunity to make a representation before the Panchayat or the President and shall
be heard by them if necessary.
A Panchayat shall be competent to impose minor penalties on its secretary subject to such rules
as may be made in this behalf.
Powers and functions of the Secretary [Section 182]

[Subject to the provisions of this Act and the rules grade there under, Secretary the as executive
officer of the panchayat shall, -]
1. Attend the meetings of the Panchayat and of the Standing Committee and may take part in the
discussions purely in an advisory capacity, but shall have no right to move any resolution or to
vote:
Provided that the Secretary shall record his views on any matter that may come up for the
consideration of the panchayat and each item of the agenda shall be placed before the Panchayat
with the specific remarks of the Secretary:
Provided further that if the Secretary considers that any resolution passed by the panchayat
shall be referred to the Government under clause (iii), he shall record such remarks in writing
2. attend any meeting of a committee of the Panchayat if required to do so by the person presiding
thereon;
3. carry in the effect the resolutions of the Panchayat:
Provided that where the Secretary is of opinion that any resolution passed by the Panchayat has
not been legally passed is in excess of the powers conferred by this Act or any other Act or is
likely, to endanger human life, health or public safety, if implemented, he shall request in
writing in the panchayat, to review the resolution and express his views at the time of its review
by the panchayat and if the panchayat upholds its previous decision, the matter shall be referred
Page | 83
Prepared By
Ajay Ratnan
to the Government after intimation to the President and if no decision of the Government is
received within fifteen days, the said resolution shall be implemented and information there of
shall be given to the Government;
4. control the officers and employees working under the Panchayat, subject to the general
superintendence and the control of the President;
5. discharge all the duties and exercise all the powers specifically imposed or conferred on the
Secretary by or under this Act.
6. meet the expenses delegated by the President;
7. give amounts either by cheque or cash for all kinds of expenditure authorised by the Panchayat;
8. be responsible for the safe custody of the Panchayat fund;
9. maintain and keep the accounts of receipts and expenditure of the Panchayat; and
10. Keep the record of the meeting and proceedings of the Panchayat; and
11. have power to initiate disciplinary action against the employees of the Panchayat referred to in
section 180.
12. place before the standing committee for finance the monthly accounts of the panchayat before
the tenth of the succeeding month or at the first meeting of the succeeding month;
13. prepare the annual accounts and B.C.B. Statement of the preceding financial year and place
before the panchayat before the thirtieth or June of the succeeding financial year;
14. furnish the returns, accounts statements and other details when called for by the Government
or any audit authority;
15. inspect or cause to be inspected the accounts of the institutions under the control of the
panchayat;
16. keep the records of the Panchayat, the Standing Committees, the Executive Committees, such
other Committees and the Grama Sabhas;
17. Co-ordinate the preparation of the annual plans and five-year plans within the time specified
by the Government so as to enable the District Planning Committee to approve the same;
18. disburse the plan funds to the officers concerned and to render utilisation certificate to the
Government as ordered by it.
Page | 84
Prepared By
Ajay Ratnan
FINANCIAL POWERS- FINANCE COMMISSION- TAX COLLECTION
Finance Commission
According to Article 243 I in The Constitution of India
243 I. Constitution of finance Commissions to review financial position
(1) The Governor of a State shall, as soon as may be within one year from the commencement
of the Constitution (Seventy third Amendment) Act, 1992, and thereafter at the expiration of
every fifth year, constitute a Finance Commission to review the financial position of the
Panchayats and to make recommendations to the Governor as to-
(a) the principles which should govern
(i) the distribution between the State and the Panchayats of the net proceeds of the
taxes, duties, tolls and fees leviable by the State, which may be divided between them
under this Part and the allocation between the Panchayats at all levels of their
respective shares of such proceeds;
(ii) the determination of the taxes, duties, tolls and fees which may be assigned to, or
appropriated by, the Panchayats;
(iii) the grants in aid to the Panchayats from the Consolidated Fund of the State;
(b) the measures needed to improve the financial position of the Panchayats;
(c) any other matter referred to the Finance Commission by the Governor in the interests of
sound finance of the Panchayats
(2) The Legislature of a State may, by law, 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
(3) The Commission shall determine their procedure and shall have such powers in the
performance of their functions as the Legislature of the State may, by law, confer on them,
(4) The Governor shall cause every recommendation made by the Commission under this
article together with an explanatory memorandum as to the action taken thereon to be laid
before the Legislature of the State
Page | 85
Prepared By
Ajay Ratnan
Finance Commission constituted under The Kerala Panchayat Raj Act 1994 [Section
186]
Finance Commission constituted by the Governor pursuant to clause (1) of article 243 I of the
Constitution. The Commission shall consist of such number of members not exceeding three
including the chairman as may be determined by the Government: Provided that members of
the commission may be appointed on part time basis. Persons who are to be appointed as
member of the Commission shall be -
a) One shall be a person having special knowledge and experience in financial matters and
economics; and
b) The other two shall be persons having experience in public administration or local
administration or having special knowledge in financial matters and accounts of the
Government and local bodies.
Every member of the commission shall hold office for such period may be specified in the
order of the Governor appointing him, but shall eligible for re-appointment.
The chairman or a member of the commission may resign his office by writing under his
hand and addressed to the Governor, but shall continue in office until his registration is
accepted by the Governor.
A casual vacancy caused by the resignation of a member or chairman under subsection or for
any other reason, may be filled by fresh appointment and a member or chairman so
appointed shall hold office for the remaining period for which the member or chairman
in whose place he was appointed would have held office.
The Commission shall meet at such time and place and shall observe such procedure in regard
to the transaction of business at it meeting as may be determined by the Commission.
The commission shall in the performance of its functions have all the powers of the civil court
under the Code of Civil Procedure, 1908 (Central Act 5 of 1908) while trying a suit it respects
of the following matters, namely: -
• summoning and enforcing the attendance of witness;

• requiring the production of any document;
• requisitioning any public record from any office.
Page | 86
Prepared By
Ajay Ratnan
The commission shall have powers to require any person to furnish information on such points
and matters as in the opinion of the commission may be useful for or relevant to, any matter
under the consideration of the commission.
Commission shall review the financial position of the Panchayats and submit recommendations
to Governor regarding,
a) ...
i. the sharing among the Government and Panchayats of the net-income of the taxes,
duties, cess and fees which are being levied by the Government and which may be
shared with the Panchayats as per the constitution and dividing among the Panchayats
at all levels, their shares in such incomes;
ii. fixing the taxes, duties, cess and fees which may be ear marked for the Panchayats and
may be expended by them;
iii. the criteria regulating the financial aid etc. for the Panchayats from the State
Consolidated Fund;
b) steps necessary for improving the financial position of the Panchayats; and
c) any other matters which is being left to the commission by the Governor taking into account
of the interest of the financial security of the Panchayats.
Governor shall cause to be laid before the Assembly each recommendation submitted by the
Commission under sub-section (10) along with explanatory memorandum regarding the steps
taken on it.
Officers having knowledge and experience in financial matters shall be appointed as staff of
the Commission in order to assist the Commission.
FINANCIAL POWERS
1) According to S.197 (Power of Panchayat to raise loan) A Panchayat may borrow any sums
of money which may be required for the purposes for which the funds of the Panchayat may
be applied under the provisions of this Act or any other law in force: Provided that while
raising such loan the assets of the Panchayat shall not be pledged for purposes other than
for utilising in remunerative development schemes.The District Panchayats may issue
Revenue Bonds and the net proceeds received from facilities and services created utilising
such bond may be offered as security for such bonds.
Page | 87
Prepared By
Ajay Ratnan
2) According to S.198 (Power of Panchayat to collect fixed fees) A Panchayat may collect
such fees from the beneficiaries of the institutions which are run or financed wholly or
partially by it at such rates as fixed by it subject to the rules made by the Government for
the purpose. Service charges at the rate fixed by the panchayat may be collected from the
beneficiaries utilising the toilet facilities, parking facilities or any other amenities or services
provided by it. The amount collected, as service charge shall be utilised for the up keep and
maintenance of such facilities and services.
3) The Village Panchayat may levy in its area
1) a property tax,
2) a profession tax,
3) an advertisement tax
4) an entertainment tax.
5) Service tax
6) a duty on transfers of property in accordance with the provisions of section 206.
7) a land conversion cess at such rates and in such manner as prescribed in respect of paddy
fields, marshy lands, pond or wet land which the land owner was holding and has been
converted into garden land or land on which there is a building.
8) A show tax shall be levied on all shows within the village panchayat
I. Tax Revenue: These are taxes directly demanded and collected by Village Panchayats
1.) Property Tax
Every village panchayat shall in accordance with the rules prescribed for the purpose levy a
property tax on all buildings and land appurtenant thereto situated within the panchayat area
considering the site of the building, its use, type of construction and other determined factors:
The building tax shall be levied annually and be payable in two equal half yearly instalments.
The main income of a local self-government is the property tax collected from residential and
commercial buildings. It is also known as building tax. The property tax is collected on the
basis of plinth area or total squire meter of the building. The government normally fixes the
minimum and maximum amount of the property tax. The local body has the power to fix the
actual amount of property tax.
The following are the main categories of the building from which property taxes are collected
by the local bodies.
Page | 88
Prepared By
Ajay Ratnan
1. Building used for residential purpose

2. Buildings for industrial purpose
3. Buildings used for schools and hospitals
4. Used for amusement parks, mobile telephone towers etc
5. used for commercial purpose
6. Any other category of buildings notified by the government.
The rate of property taxes for all buildings of the same category shall be the same throughout
the area of village panchayat. The property tax so fixed has the effect for 5 years. After 5 years
the village panchayat has the power to revise the rates of property tax.
There are some deductions and additions in property tax depending upon the following
conditions.
1. Availability of the road facility of the building

2. Construction of the roof of the building
3. Age of building
4. Construction of the floor of the building
5. Construction of the wall of the building
6. Air condition facility of the building
7. Whether it is personal purpose or given on rent
The owner of the building should submit the attested property tax return by recording all the
particulars of the building. The secretary should inspect the building and verify the details given
by the owner. On the basis of the return the secretary should assess the property tax of that
building. The annual property tax shall be payable on two half yearly instalments.
EXEMPTION FROM PROPERTY TAX

The following buildings are exempted from paying property tax.
1. The building used for public worship
2. Building used for educational purpose of government or aided institutions.
3. Buildings used for government hostels
4. Hospitals providing treatment to patients free of cost
5. Buildings providing shelter for destitute, orphans, physically and mentally
challenged persons
6. Buildings used for charitable purposes
7. Ancient monuments which are protected under the law
8. Libraries, reading rooms and playground open to public.
9. Burial and burning grounds.
10. Building owned by local government institutions
11. Building if the owner belongs to below poverty line.
Page | 89
Prepared By
Ajay Ratnan
12. Residential building constructed and given free of cost by government or local
self-government.
2. Profession tax
The profession tax shall subject to such rules as may be prescribed be levied every half year in
every village panchayat area on –
1) every company which transacts business in such panchayat area for not less than sixty
days in the aggregate in that half year; and
2) every person who, in that half year -
a) exercise a profession, art or calling, or transacts business or holds any appointment,
public or private -
i. within such panchayat area for not less than sixty days in the aggregate, or
ii. outside in such panchayat area but who resides in it for not less than sixty
days in the aggregate, or
b) resides in such panchayat area for not less than sixty days in the aggregate and is
in receipt of any income from investments.
The profession tax shall be levied at such rates as may be fixed by the village panchayat not
exceeding the maximum rates prescribed. The maximum rate of profession tax for a half year
is RS.1250. All employers or head of office should collect the profession tax of the employees
and pay to the concerned local body. The secretary should maintain a ward wise demand
register and every remittance shall be entered in that register. The secretary should take penal
actions against the defaulters.
3. Tax on advertisement
Every person who erects, exhibits, fixes or retains upon or over any land, building, wall
boarding or structure, in a village panchayat area any advertisement or who displays any
advertisement to public view in any manner whatsoever in any place in such area whether
public or private shall pay to the village panchayat on every such advertisement a tax calculated
at such rates and to such manner and subject to such exemptions as the village panchayat may
with the approval of the Government and by resolution determine :
Provided that the rates shall not be less than the rates prescribed by the Government for the
purpose:
Provided further that the tax under this section on any advertisement displayed in a public
Page | 90
Prepared By
Ajay Ratnan
service vehicle as defined in the Motor Vehicles Act, 1988 (Central Act 59 of 1988) passing
through the local limits of more than one Local Self Government Institution shall be levied by
a village panchayat only if such vehicle;
a) commences its operation from the area of that village panchayat; or

b) commences its operation from a place not within the said village panchayat and passes
through the said village panchayat before passing through the local limits of any other
Local Self Government Institution:
The following are exempted from paying advertisement tax.
1) Advertisement o a public meeting

2) Election advertisements
3) Advertisement exhibited inside the window of any building which is not a public place
4) If it is regarding the name of the owner of the land or building
5) Relates to the business of railway administration or airport authority.
4. Entertainment Tax
If any cinema, circus, fairs, football matches and other exhibitions conducted in a village
panchayat area collecting money tax should be paid to the concerned local body. Normally
twenty percent of the total collection amount should be paid to the local body. The state
government has the power to exempt partly the entertainment tax of the panchayats.
Entertainment Tax is the third largest source of income for the Village Panchyats
5. Service Tax
Service Tax shall be levied at the rate fixed by the Village Panchayat, for sanitation, water
supply, scavenging, street lighting and drainage wherever such services are provided by the
Village Panchayats. A Village Panchayat may levy a fixed percentage of the annual value of
the whole building or land or both situated within that Panchayat as Service Tax, save those
building or land or both exempted from tax under the 1994 Act. A* Village Panchayat may
exempt any person or class of persons residing in any part of the Panchayat area from the levy
of all or any of the Service Tax on the ground that such part is not deriving the full benefit of
the service rendered by the Panchayat. The Service Tax shall not exceed the following rates,
namely
Page | 91
Prepared By
Ajay Ratnan
> For sanitation purposes: Of the expenses for preserving general sanitation, of the Village
Panchayat area and for removing of the rubbish, filth and carcasses of animals and birds from
private premises = 1 percent.
> For water supply: Of the expenses for repair, development and reconstruction of the existing
water reservoirs and the water supply systems, both entrusted and not by the Kerala Water
Authority and also for the water supply works to be implemented = 2 percent.
> For Street lighting: Of the expenses for lighting of the Village Panchayat area by using
various kinds of power = 2 percent.
> For drainage, scavenging, etc.: Of the expenses for repair, development and reconstruction
of the existing drainage systems and for drainage and scavenging facilities to be provided = 1
percent.
The rules and procedures for the assessment, levy and collection of Property Tax issued under
Section 203 of the 1994 Act shall be observed mutatis mutandis for the assessment, levy and
collection of Service Tax.
6. Show Tax including Surcharge:
Show Tax including Surcharge: Show Tax including Surcharge: Show Tax including
Surcharge: Show Tax including Surcharge: This tax is levied as per Section 200 of the Kerala
Panchayat Raj Act and Section 269 of the Kerala Municipality Act, which empower the local
governments to levy and collect Show Tax on every show which includes any entertainment,
exhibition, performance, amusement game, sport or race, that is performed in their territory.
7. Cess on Conversion of Land Use:
This is a cess which can be levied by local governments for conversion of land use from paddy
field, marshy land, pond or water body into garden or building site subject to the provisions of
Kerala Land Utilisation Order 1967 issued under the Essential Commodities Act. Since there
are severe restrictions on conversion of land use in Kerala, the collection has been naturally
low – around Rs.10 lakh in all.
II. Non-Tax Revenue: Non-tax revenue of Village Panchayats and Urban Local Governments
could be classified as follows: (1) Licence fee, (2) Gate fee, (3) Rent from Property, (4) Income
Page | 92
Prepared By
Ajay Ratnan
from Property other than rent, (6) Permit fee, (7) Registration fee, (8) Service/User charge and
(9) Other sources.
(1) Licence Fee: This constitutes the most important source of non-tax revenue. The following
are the important items for which licence fees are collected by local governments. (i) Trade
Licences (ii) Licences under prevention of Food Adulteration Act (iii) Licences under the
Kerala Cinemas Regulation Act. (iv) Licencing of Private Slaughter Houses. Licencing of
Private Markets. (vi) Licences under the Kerala Places of Public Resorts Act. (vii) Licencing
of Private Parking and Halting Places (viii) Licensing of Private Burial and Burning Grounds
(ix) Licencing of Technical Experts (x) Licensing of Domestic Animals (xi) Licensing of
Animal Stalls kept for commercial purposes. (xii) Licensing of Special Trades like Butchers,
Fishmongers, Poulterers, Commission Agents and Brokers.
(2) Gate Fees. These are fees, which are normally farmed out by auction to the highest bidder
who is then given the right to regulate entry based on certain fees. The major sources of gate
fees are:(i) Public Market (ii) Public Parking and Halting Places (iii) Public Slaughter Houses
(3) Income from Property – Rent. This is an important item of non-tax revenue for urban
local governments and urbanized Village Panchayats. Rents could be classified based on the
type of property. (i) Rent from buildings (ii) Rent from lands (iii) Rent from cloak rooms and
comfort stations.
(4) Income from Property other than Rent. This can be classified into three. (i) Proceeds
from sale of right to collect river sand (ii) Proceeds from sale of right to fish (iii) Proceeds from
sale of usufructs.
(5) Permit fees. Permit fees are of two kinds. (i) Fee for building permits. (ii) Fee for permits
for the construction, establishment or installation of factories, workshops or work places where
electricity is used.
(6) Registration Fees. This can be grouped as follows (i) Registration of Hospitals and Para
Medical Institutions. (ii) Registration of Tutorials (iii) Registration of Births and Deaths (iv)
Registration of Contractors (only in Urban Local Governments) (v) Registration of Lodgings
(only in Malabar area – under the Madras Public Health Act)
(7) Service/User Charges. These relate to charges collected for use of utilities and amenities
provided by the Local Governments.
Page | 93
Prepared By
Ajay Ratnan
(8) Income from Ferries. As per the Kerala Panchayat Raj Act and the Kerala Municipality
Act and as per the various Ferries Acts, function of providing ferries has been transferred to
the Village Panchayats and Urban Local Governments. This income could be either by
auctioning of the right to ply ferries or by charging from users.
(9) Fines and Penalties. These are realized by the LSGIs when there is a contravention of
regulations or there are belated payments.
(10) Sundry items. These miscellaneous sources of revenue could be listed as follows: (i)
Proceeds from auctioning of meat stalls (done in a few Village Panchayats only) (ii) Interest
on deposits. (iii) Endowments. (iv) Return on investments like shares (v)
Contributions/donations (vi) Hire charges of vehicles/machinery (vii) Income from cattle
pounds (viii) Income from Libraries (ix) Sale of Forms (x) Sale of unserviceable articles and
fallen trees (xi) Other items which cannot be classified.
Recovery of arrears of tax, cess, etc. Any arrear of cess, rate, surcharge or tax imposed or
fees levied under this Act shall be recoverable as an arrear of public revenue under the law
relating to the recovery of arrears of public revenue for the time being in force:
Provided that the Secretary of a Village Panchayat may directly recover by distraint, under his
warrant, and sale of movable properties of the defaulter subject to such rules as may be
prescribed: Provided further that, if for any reason the distraint or a sufficient distraint of
a defaulter’s property is impracticable, the Secretary may prosecute the defaulter before
a Magistrate.
GOVERNMENTAL AND JUDICIAL CONTROL OVER PANCHAYAT RAJ

INSTITUTIONS.
1. Power of the Government to inspect records of the Panchayat
According to S.188 (Power to inspect records etc. of Panchayats) The Government or any
officer empowered by the Government in which behalf, may, -
a) call for any record, register or other document in the possession, or under the control of
any panchayat:
b) require any Panchayat to furnish any return, plan, estimate, statement of accounts;
c) require any Panchayat to furnish any information or report on any matter connected
with such panchayat;
Page | 94
Prepared By
Ajay Ratnan
d) require any Panchayat to obtain their previous sanction before giving up a claim or
closing down any institution which is a source of income; and
e) record in writing for the consideration of any Panchayat any observation in regard to
the proceedings or duties of the Panchayat; and
f) have power to inspect any office or any records or other documents of the Panchayats
or movable properties kept therein or any work or institution or property under the
control of the Panchayat;
Every Panchayat, President, Secretary and Other Officer shall be bound to give facilities for
exercising duties under sub-section (1). The Government may, in the manner prescribed
arrange periodical performance audit in respect of the administration of the panchayat.
2. Power of the Government to supervise and inspect development schemes.
According to S.188A (Technical supervision and inspection) The heads of Departments

concerned and other technical officers nominated by them may inspect the works and
development schemes implemented by any officer of that department under the control of any
panchayat and also inspect relevant records pertaining to such works and development
schemes, in the manner specified by the Government.
3. Power of the Government to issue guidelines and to conduct enquiry
According to S.189 (General power of Government to issue guidelines and to conduct

enquiry) the Government shall have the power to issue general guidelines to the panchayats in
accordance with the National and State Policies in matters such as finance, maintenance of
accounts, officer management, formulation of schemes, selection of sites and beneficiaries,
proper functioning of Grama Sabha, welfare programmes and environmental regulations and
panchayats shall comply with such directions. If there is any default in the implementation of
schemes or maintenance of accounts or complaint is received in the matter, Government may
arrange for enquiry into the matter and the panchayat shall co-operate with such enquiry. After
such enquiry, Government may take such action as is necessary and permissible under law.
4. Power of the Government to take action for default by a Panchayat President, or

Secretary
According to S. 190 (Power or take action for default by a Panchayat President, or

Secretary) (1)If, at any time, it appears to the Government that a panchayat, or its President or
Page | 95
Prepared By
Ajay Ratnan
its Secretary has made default in performing any duty imposed by or under this Act or in
carrying out any orders lawfully issued by the Government may, by order in writing, fix a
period for the performance of such duty, or the carrying out of such order.
(2)If such duty is not performed or such order is not carried out within the period fixed under
sub-section (1) the Government may, after giving a reasonable opportunity to the Panchayat or
its President or its Secretary, as the case may be, to explain why further action under this section
may not be pursued, appoint any officer, or authority to perform the duty or to carry out the
functions and may direct that the expenses incurred therefore shall be paid from the fund of the
panchayat within such time as may be specified by the Government.
(3) If the expenses which the Government may direct under sub-section (2) to be paid from the
fund of the Panchayat are not paid as provided in that sub-section, the Government may make
an order directing the persons having the custody of the said fund to pay it in priority to any
other charges against that fund, except charges for the service of authorised loans.
(4) The person referred to in sub section (3), shall as far as the funds to the credit of the
Panchayat admit, be bound to comply with the order made by the Government under that sub-
section.
5. Power of the Government to cancel and suspend resolutions
According to S.191 (Power of cancellation and suspension of resolutions etc.) (1)

Government may either suo moto or, on a reference by President, Secretary or a member, or
on a petition received from a citizen, cancel or very a resolution passed or a decision taken by
the panchayat if in their opinion such decision or resolution –
• is not legally passed or taken; or

• is in excess of the powers conferred by this Act or any other law or its abuse; or
• is likely to endanger human life, health public safety, communal harmony or may lead
to riot or quarrel; or
• is in violation of the directions or provisions of grant issued by Government in the
matter of implementing the plans, schemes or programmes.
(2) Before cancelling or amending a resolution or decision as per sub-section (1), the
Government may refer the matter for consideration either of the ombudsman constituted under
section 271 G or the tribunal constituted under section 271 S and the ombudsman or the
Page | 96
Prepared By
Ajay Ratnan
tribunal, as the case may be; after giving the panchayat an opportunity of being head, send a
report to the Government with its conclusions and the Government may, on its basis cancel,
amend or confirm the resolution or decision.
(3) If another remedy is available to the petitioner through the tribunal under section 276, the
Government shall not consider any petition for cancelling or amending any resolution or
decision of the Panchayat.
(4) If Government consider that a resolution or decision of the Panchayat has to be cancelled
or amended as per sub-section (1) it may suspend such resolution or decision temporarily and
may direct the panchayat to defer its implementation till the final disposal after the completion
of the procedure under sub-section (2).
6. Power of the Government to seek Administration Report of the Panchayat
According to S.192 (Administration report of the Panchayat) Every panchayat shall prepare
a report in respect of this administration every year in such form and with such details as may
be prescribed by Government in accordance with the provisions of this section and publish the
same before the thirtieth of September of the succeeding year and if the report is not published
within the said time limit, Government may withhold the payment of grants due to the
panchayat thereafter.
7. Power of the Government to dissolve the Panchayat
According to S.193 (Dissolution of Panchayats) (1) If a panchayat fails to pass the budget of
the panchayat for the succeeding financial year before the end of a financial year, which causes
financial crisis or majority of its members resign from office or is disqualified, the Government
shall, by notification in the Gazette, dissolve the panchayat from the date specified therein and
a copy of the same forwarded to the State Election Commission by the Government.
Provided that, the panchayat shall be given a reasonable opportunity of being heard before such
dissolution.
If the Government is of opinion that panchayat persistently makes default in performing the
duties imposed on it by law or in carrying out the orders or directions lawfully issued by the
Government or exceeds or abuses its powers, the Government may by notification in the
Gazette, dissolve the said panchayat and shall forward a copy of the same to the State Election
Commission:
Page | 97
Prepared By
Ajay Ratnan
Provided that, before such dissolution, the Government shall communicate to the panchayat
the proposal to dissolve the panchayat along with the reasons for the same and give the
panchayat a reasonable opportunity to show cause against it and shall consider the objections
or explanation, if any: Provided further that, if it is proposed to dissolve the panchayat after
considering the objections or explanation of the panchayat, it shall seek the advice of the
Ombudsman constituted under section 271G and take a final decision on the basis of such
advice.
OMBUDSMAN FOR LOCAL GOVERNMENTS

The Ombudsman is originally a Swedish institution. The “Special Parliamentary
Commissioner for Judiciary and the Civil Administration” (Justitieombudsmannaambetet)
was first instituted by the Swedish constitution of 1809. The Ombudsman reflected the then-
novel idea that institutions, rather than solely broad political structures like the separation of
powers, were needed to protect the rights of the individual. The Swedish Ombudsman enforces
“the observance of laws and statutes as applied in all other matters by the courts and by public
officials and employees” and can prosecute “those who, in the exercise of their official duties,
have through partiality, favouritism, or other cause committed any unlawful act or neglected to
perform their official duties properly.” To do so, Ombudsmen can attend the deliberations of
any Swedish court, inspect public institutions, and are given access to the records of all courts,
boards, and public offices.
The Swedish Ombudsman was the model for what is now known as the “classical”
Ombudsman. This designation is important because there are many institutions today that use
the name “Ombudsman” that have little in common with the original Swedish institution. While
the classical Ombudsman has varying definitions that emphasize different features, there
appears to be a settled core of meaning.
The classical Ombudsman must be:
1. Established and independent. Must be formerly enshrined in law and operationally

independent and autonomous.
2. Powerful. Must have the ability to investigate complaints in full, and must be able to
meaningfully use the findings of the investigation. For instance, by initiating prosecution or
issuing recommendations.
Page | 98
Prepared By
Ajay Ratnan
3. Fair and impartial in attitude. Must not be anti-administration, nor anti-citizen. Must
simply seek to find the truth of the matter and act on its findings.
Ombudsman for Local Governments in the Indian state of Kerala is an independent quasi-
judicial authority which investigates the complaints against the local governments of Kerala as
well as the functionaries working under them. The Ombudsman functions at the State level
with its headquarters in the State's Capital. Kerala is the only State in India that has such an
institution to oversee the functioning of Local Self Government Institutions. A former judge of
a High Court can be appointed as Ombudsman. Local Government Ombudsman in Kerala has
been modelled in the pattern of Local Government Ombudsman, United Kingdom. But it has
been endowed with the powers of punishment.
Before the establishment of the Office of Ombudsman in 2001, the Kerala Ombudsman was a
panel of seven individuals out of which three “benches” were created, each assigned to see
cases from certain districts. Initially all sittings were held in Thiruvananthapuram, though later
sittings were held at various district headquarters. In 2001, the state government abolished the
seven-member panel format by amending the Kerala Panchayati Act, and on December 26,
2001, KP Radhakrishna Menon was appointed as the first individual Ombudsman. The cost of
maintaining such a large body may have influenced the state government’s decision. Apart
from these early changes, the institutional features of the Ombudsman have remained the same.
Rather than elected, the Ombudsman is appointed by the Governor of Kerala for a term of three
years. Though the Governor is appointed by the President, he or she selects the Ombudsman
on advice of the Chief Minister. The Ombudsman must be a former high court judge and is
given the same salary as an acting high court judge.
According to Section 271 G (Term of office and conditions of Service of Ombudsman)
There shall be an authority for Local Self Government Institutions, at State Level known as
‘Ombudsman’ for making investigations and enquiries, in respect of charges on any action
involving corruption or maladministration or irregularities in the discharge of administrative
functions, in accordance with the provisions of this Act by Local Self Government Institutions
and Public Servants working under them and for the disposal of such complaint in accordance
with Section 271 Q.
The Governor shall, on the advice of the Chief Minister, appoint a person who has held the
post of a Judge of the High Court as Ombudsman. A person appointed to be the Ombudsman
Page | 99
Prepared By
Ajay Ratnan
shall, before he enters upon his office, make and subscribe before the Governor or some person
appointed in that behalf by him, an oath or affirmation according to the form set out below:
A person appointed as Ombudsman shall hold office for a term of three years from the date
on which he enters upon his office:
Provided that, -the Ombudsman may, by writing under this hand addressed to the Governor,
resign his office; and
The person appointed as Ombudsman shall be entitled for salary and allowances as are
admissible to a Judge of the High Court of Kerala. (6) On expiry of his term of office as
Ombudsman, he shall not be eligible for reappointment as Ombudsman or for further
appointment to any office of profit under the Government of Kerala or in any corporation,
company, society or university by or under the control of the Government of Kerala.
Removal of Ombudsman [Section 271 H]: The Ombudsman shall not be removed from his
office, except by an order of the Governor, passed after an address by the State Legislative
Assembly, supported by a majority of the total membership of the House and by a majority
of not less than two-thirds of the members of the Legislative Assembly present and voting,
has been presented to the Governor in the same session for such removal, on the ground of
proved misbehaviour or incapacity.
Functions of the Ombudsman [Section 271 J]

(1) The Ombudsman shall perform all or any of the following functions, namely: -
I. Investigate into any allegation contained in a complaint or on a reference from
Government, or that has come to the notice of the Ombudsman;
II. Enquire into any complaint in which corruption or maladministration of a public
servant or a Local Self Government Institution is alleged;
III. Pass an order on the allegation in the following manner, namely: -
a) Where the irregularity involves a criminal offence committed by a public servant,
the matter shall be referred to the appropriate authority for investigation.
b) Where the irregularity causes loss or inconvenience to a citizen, direct the Local
Self Government Institution to give him compensation and to reimburse the loss
from the person responsible for the irregularity;
c) Where the irregularity involves loss or waste or misuse of the fund of the Local
Self Government Institution, realise such loss from those who are responsible
for such irregularity, and
d) Where the irregularity is due to omission or inaction cause to supply the
omission and to rectify the mistake.
Page | 100
Prepared By
Ajay Ratnan
In addition to the functions enumerated in sub-section (1), the Ombudsman may pass interim
order restraining the Local Self Government Institution from doing anything detrimental to
the interest of the complainant if it is satisfied that much loss or injury will be caused to the
complainant due to the alleged act. The Ombudsman may by order, impose penalty in addition
to compensation if it is of opinion that the irregularity involves corrupt practice for personal
gain.
Powers of the Ombudsman [Section 271 K]
(1) The Ombudsman shall, for the purpose of any investigation or enquiry under this Act, have
the same powers as are vested in a Civil Court while trying a suit under the Code of Civil
Procedure, 1908 (Central Act V of1908) in respect of the following matters, namely: -
• summoning and enforcing the attendance of any witness and examining him;
• requiring the discovery and production of any document;
• receiving evidence on affidavits;
• requisitioning any public records, or copy thereof from any Court or Office;
• issuing commissions for the examination of witness;
• such other powers as are prescribed;
(2) Where the Ombudsman finds that the allegation contained in a complaint is without any
substance or trivial in nature it may by order direct the complainant to pay to the opposite
party so much of the amount specified in the order by way of cost.
(3) Where the allegation contained in a complaint is about the loss or waste or misapplication
of the fund of the Local Self Government Institution or in respect of the loss or misconvenience
caused to a citizen, the Ombudsman may, during enquiry, collect evidence, determine the loss
and direct in its order the amount to be realised from the person responsible.
(4) If the amount paid as per the order passed by the Ombudsman under sub-section (2) or sub-
section (3) is not paid within the period specified by it, the same shall be recoverable by
Revenue Recovery Proceedings as if it were an arrears of land revenue.
OMBUDSMAN SHALL NOT ENQUIRE

1) Any matter in which a formal enquiry has been ordered by government.
2) Any matter in which a remedy is available from the Tribunal for Local Self Government
Institutions.
Page | 101
Prepared By
Ajay Ratnan
3) Any matter in which an enquiry has been ordered under the Commission of Inquiries Act,
1952.
4) Any complaint filed after the expiry of three years.
ENQUIRY
The ombudsman can dispose of the complaint in the following circumstances.
1. If the complaint is frivolous or vexatious
2. If there are no sufficient grounds to initiate proceedings
3. If other remedies are available to the complaint
In these cases, it may record its findings and communicate the complainant stating the reasons.
No legal practitioner shall be permitted to represent any person unless the ombudsman permits
by an order.
Disposal of complaints [Section 271 Q]

The Ombudsman may consider and dispose of complaints other than those involving criminal
offences, in the following manner, -
a) award of compensation, to a citizen in case of loss or grievance;
b) Order the recovery of loss caused to the Local Self Government Institution from the
person responsible;
c) Order the supply of omission or rectification of defects due to inaction;
d) Order the recovery of loss from the accused failing which, order realisation through
Revenue Recovery Proceedings;
e) Order other necessary remedial measures considering the facts and circumstances of
the case.
TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS

LSGD tribunal is created to consider and dispose appeal or revision filed against the decisions
of the local self-government institutions. Section 276 of the Kerala Panchayat Act deals with
the appointment of LSGD Tribunal. A tribunal shall consist of one judicial officer having the
rank of a district judge. He is appointed by the government in consultation with the Chief
Justice of High Court of Kerala. A tribunal appointed may hold office till the completion of
three years from the date of taking charge. A tribunal has the same powers as vested in a civil
court under code of civil procedure.
Page | 102
Prepared By
Ajay Ratnan
POWERS OF LSGD Tribunal
1. Summoning and enforcing the attendance of any witness and examining

2. Requiring the discovery of any document
3. Receiving evidence on affidavits
4. Order to produce any public documents
5. Issuing commissions for the examination of the witnesses
RENDERING OF OPINION
The tribunal shall render its opinion with regard to the legality or sustainability of any decision
of the local self-government institution. Before giving opinion an opportunity of being heard
is given to the president of the concerned local self-government institution.
MATTERS THAT CAUSE FOR APPEAL OR REVISION BEFORE THE TRIBUNAL

1. Assessment, demand or collection of tax or fee
2. Issue of permit and license to any license, trade etc.
3. Providing water supply and street lights.
4. Construction and maintenance of sewerage.
5. Removal of solid waste.
6. Regulation of building construction
7. Taking steps against the spread of contagious diseases. etc
Page | 103
Prepared By
Ajay Ratnan

Notes On Law of Local Self Governement

Загружено:

Сведения о документе

Исходное описание:

Оригинальное название

Авторское право

Доступные форматы

Поделиться этим документом

Поделиться или встроить документ

Параметры публикации

Этот документ был вам полезен?

Это неприемлемый материал?

Авторское право:

Доступные форматы

Notes On Law of Local Self Governement

Загружено:

Авторское право:

Доступные форматы

NOTES ON

LAW OF LOCAL SELF GOVERNMENT

8th Semester BBA LLB(Hons.)

GOVERNMENT LAW COLLEGE, KOZHIKODE

LOCAL GOVERNMENT SYSTEM IN THE LEGAL STRUCTURE

Characteristics of Local Government

(b) Local Authority: - The administration of a particular locality is run by an authority or by

The practice of Local Self-Government embraces a number of concepts viz., ‘Delegation’,

Devolution- Devolution is the transfer of power from central government to subordinate

Deconcentration- Deconcentration occurs when central government disperses its officials to

Decentralisation- Decentralisation is usually understood to the expansion of local autonomy

self –government leading ultimately to people’s participation in self-management, and c) a

Democratic decentralisation is that process of decentralisation which conforms to the basic

of the people themselves. By making regular elections to Panchayati Raj/Municipal bodies

• Gram Panchayat − At the bottom level;

❖ The State government is required to appoint a State Election Commissioner

❖ The state government is required to appoint a State Finance Commission once in

The Census of India defines an urban area as −

• A minimum population of 5,000;

Dimensions of The Concepts of Local Government

Rural Local Governments (or Panchayat Raj Institutions)

Mandal Or Taluka Panchayats

i. a village panchayat for each village or for group of villages.

Composition of village panchayat [Section 7]

Powers, duties and functions of village panchayat [Section 166]

5. All grants-in-aid sanctioned by the Government in respect of the matters enumerated in

Meeting of Gram Sabha

Inviter and Invitees to the meeting

Powers, Function and Rights, Responsibilities of The Grama Sabha

Urban Local Governments (or Nagarpalikas)

A Municipal Corporation, City Corporation, Mahanagar Palika or Mahanagar Nigam is a local

In India, Municipal Councils or Town Municipalities or Nagar Palika or Nagar Palika

GOVERNMENTAL & JUDICIAL CONTROL OVER LOCAL

GOVERNMENTAL CONTROL OVER LOCAL GOVERNMENT

3. Control through Government Officials:

4. Power to dismiss the Urban Local Institutions:

❖ The authority must have separate legal existence as corporate bodies.

JUDICIAL CONTROL OVER LOCAL GOVERNMENT

(1) Ordinary Remedies

(2) Prerogative Writs:

EVOLUTION OF PANCHAYAT RAJ SYSTEM IN INDIA A HISTORICAL

During the reigned of Chandragupta Maurya’s dynasty the policy of decentralization of

Panchayati Raj under British India

The Royal Commission on decentralization in 1909 elaborated furthers the principles of

GANDHIJI’S IDEAS ON VILLAGE PANCHAYAT AS UNIT OF SELF

Gandhiji's Words on Gram Panchayat

To him modern democracy has three faces:

It is a completed centralized mechanism. On all political systems powers are concentrated on

Last Will and Testament

Modern Economic Systems

He ruled out industrialism and centralized industries. He considered cities as exploiting

His concept on democratic decentralization

RESPONSE OF THE CONSTITUENT ASSEMBLY TOWARDS THE GANDHIAN

Merits of Panchayat Raj System

1. Unscientific distribution of functions:

2. Incompatible relation between the three-tiers:

4. Lack of cordial relation between officials and people:

5. Lack of conceptual clarity:

6. Undemocratic composition of various Panchayati Raj institutions:

7. Disillusionment on structural-functional front:

9. Politics is an inevitable part of a democratic frame -work:

1. Balwant Rai Mehta Committee (1957)