HPAS/Allied Mains 2022 Answer Writing Challenge Day 126 : Model Answer

QUESTION: The 73^rd Constitutional Amendment Act, 1992 has been implemented in true letter and spirit in the State of Himachal Pradesh. Comment. (20 marks, 400 words)

Answer.

The term Panchayati Raj in India signifies the system of rural local self-government along with development. It has been established in all the states of India by the Acts of the state legislatures to build democracy at the grass-root level and was constitutionalized through the 73rd Constitutional Amendment Act of 1992. Rajasthan was the first state to establish Panchayati Raj in 1959 and was followed by Andhra Pradesh, which also adopted the system in 1959 itself. After HP Panchayat Raj Act,1994. The Act was enacted in January 1994 and came into force on April 1994. It gave effect to the 73^rd CAA, 1992.    

The following provisions came with the 73^rd Constitutional Amendment Act,1992.

1. Gram Sabha

• Gram Sabha was the foundation of the Panchayati Raj System which consisted of the people registered in the electoral rolls of the village within the area of the Panchayat.

2. Three-tier system

• The three-tier system of the panchayat was provided in every state i.e. Panchayat at the village, intermediate and district level which brought uniformity in the structure of Panchayati Raj institutions throughout the country.

3. Election of members and chairpersons

• The members of Panchayats at the village, intermediate, and district levels shall be elected directly by the people whereas the chairman of the Panchayat at the intermediate and district level shall be elected indirectly from amongst the elected members thereof.

4. Reservation of seats

• Reservation of seats for SC and ST is provided in every panchayat in the proportion to their population. Provision for reservation of 1/3rd of the total number of seats are also provided for women.
• The state legislature has been empowered to make any provision for reservation in Panchayat at any level in favor of the backward class.

5. Duration of Panchayat

• Panchayats have been provided for a five-year term of office at every level. It can however be dissolved before the completion of its term.
• A panchayat if elected after the dissolution of the panchayat before shall continue for the remaining period for which the State Election Commission dissolved Panchayat would have continued had it not been dissolved.

6. State Election Commission

• The state election commission has been constituted and has been endowed with various roles like superintendence, direction, and control of the preparation of electoral rolls.
• The conduct of elections to the Panchayats shall also be handled by the state election commission.

7. Finance commission

• The finance commission is constituted by the governor to review the financial position of the Panchayats.
• This commission recommends the governor decide the principles that should govern the distribution of taxes between the state and the Panchayats. It also determines the taxes, duties, tolls, and fees that may be assigned to Panchayats.
• The provisions with respect to the maintenance of accounts by the Panchayats and the auditing of such accounts are done according to the provisions decided by the state legislature.

8. Powers and Functions of Panchayats

• The powers and functions of the Panchayats are endowed by the state legislature.
• The Panchayats prepare a plan for economic development and social justice for the people of the Panchayats.
• It implements the scheme of the Central and State government for the betterment of the people at the ground level.
• Panchayats have the power to enhance employment facilities and undertake development activities in the area.

9. Finances

The state legislature may-

• authorize a panchayat to levy and collect taxes, duties, duties, and fees;
• assign to the Panchayat taxes, duties, duties, and fees levied and collected by the state government;
• provide grants-in-aid to the Panchayats from the state’s consolidated fund; and
• provide for the establishment of funds to credit all money of the Panchayats.

10. Audit of Accounts

• State legislatures can make provisions regarding the maintenance and auditing of panchayat’s accounts.

• appropriate authority and in the manner prescribed by the state legislature.

Voluntary provisions of the act

• Devolution of powers and responsibilities to panchayats to prepare plans for economic development and social justice, as well as to perform some or all of the 29 functions listed in the Constitution’s Eleventh Schedule.

The following provisions have been implemented in true letter and spirit in the State of Himachal Pradesh:

1. Strengthening the Structural functioning of Gram Sabha:

Gram Sabha Meeting and quorum of Sabha.-Every Sabha shall hold  four general meetings in each year and  It shall be the responsibility of the Pradhan to convene such meetings:

It provided more autonomy and more Functions to Gram Sabha.-  The Gram Sabha shall perform the following functions:

(a) Mobilise voluntary labour and contribution in kind and cash for the Community Welfare Programmes.

(b) Identification of beneficiaries for the implementation of developmental schemes pertaining to the village.

(c) Rendering assistance in the implementation of developmental schemes pertaining to the village.

(d) Approve plans, programmes and budget, prepared by the Gram Panchayat, for economic development and social justice.

2. Reservation for seats of women:

Himachal Pradesh is one of the first few states which made 50 percent reservations for women in the Panchayati Raj institutions.

3. Independent Election Commission:

 For superintendence, direction and control of the electoral rolls (Article 243K) in PRI Elections, independent Election Commission has been formed.

4. The Constitution of Finance commission: which makes recommendations to the governor on measures needed to improve their fiscal health.
5. Finance and Taxation power: has also been with the defined provisions of the Act.

• Panchayat Fund.- Every Panchayat shall establish a fund to be called the Panchayat Fund and all sums received by the Panchayat, shall form part of the said Fund.
• The amount from the Gram Panchayat Fund shall be withdrawn, only under the joint signatures of the [Secretary or the Panchayat Sahayak] of Gram Panchayat and Pradhan.

• Levy of taxes, duty, cess and fees by Gram Panchayats.- A Gram Panchayat may, levy property tax at such rates and in such manner as it may deem fit on residential and commercial buildings in the Sabha area.

• (i) teh-bazari from the shop-keepers in fairs; (ii) service fee for cleaning of streets, lighting of streets, sanitation, solid and liquid waste management, parking of vehicles. (iii) fee for registration of animals sold in the Sabha area; and (iv) water rate where water is supplied by the Gram Panchayat.

• Grants-in-aid to Panchayats( Article 275) .- The State Government shall make grants-in-aid to the Panchayats as may be decided by it on the basis of the recommendations of the State Finance Commission.

• Power of Panchayat to borrow money.- Subject to such rules as may be made in this behalf and the restriction contained in any law for the time being in force relating to raising of loans by local authorities a Panchayat may, with the previous sanction of the State Government, raise a loan for carrying out the purposes of this Act:

6. Development plans:

• Preparation of Development Plans.- Every Panchayat shall prepare every year a development plan to perform functions specified in Schedule-I and Schedule-II and such other functions as may be specified by the State Government.
• Every Panchayat shall prepare every year a development plan of schemes for economic development and social justice for their respective area and submit it to the District Planning Committee.

ACHEIVEMENTS:

• The Kuther gram panchayat in the Nagrota Surian development block of Jawali subdivision has set an example in rural development, infrastructure development and implementation of all programmes launched by the Centre and state government. This panchayat has been selected among 20 gram panchayats from all over the country for the national-level Rashtriya Gaurav Gram Sabha Award-2107 after appraisal of its performance during 2015-16.
• This panchayat took the lead in getting declared open defecation free (ODF) in Kangra district and became eligible for Rs 5 lakh special development fund announced by Kangra MP Shanta Kumar. It has successfully launched Swachh Bharat Mission by keeping its panchayat neat and clean besides constructing separate toilets of boys and girls in all government schools in the panchayat and fulfilled all yardsticks laid down by the Centre under the Swachh Bharat programme. It has installed 140 solar streetlights in different wards of the panchayat. The panchayat has also built a crematorium under government’s Vikas Mein Jan Sahyog scheme.

 Apart from this, there are certain provisions which lags in true letter and spirit.

• Devolution of powers and responsibilities to panchayats to all of the 29 functions listed in the Constitution’s Eleventh Schedule.
• Providing adequate funds to enlarge the domain of panchayats to be able to raise their own funds.
• The interference of area MPs and MLAs in the functioning of panchayats have also adversely affected their performance.
• The 73rd amendment only mandated the creation of local self-governing bodies, and left the decision to delegate powers, functions, and finances to the state legislatures, therein lies the failure of PRIs.
• Though women and SC/STs has got representation in PRIs through reservation mandated by 73rd amendment but there is a presence of Panch-Pati and Proxy representation in case of women and SC/STs representatives respectively.
• Accountability arrangements remain very weak even after 26 years of PRIs constitutional arrangement.
• The issue of ambiguity in the division of functions and funds has allowed concentration of powers with the states and thereby restraining the elective representatives who are more aware and sensitive to the ground level issues to take control.

WAY FORWARD:

• Genuine fiscal federalism. fiscal autonomy accompanied by fiscal responsibility can provide a long term solution without this PRIs will only be an expensive failure.
• 6th report of 2nd ARC, ‘Local Governance- An inspiring journey into the future’’, had recommended that there should be a clear-cut demarcation of functions of each tier of the government.
• States should adopt the concept of ‘activity mapping’, wherein each state clearly delineates the responsibilities and roles for the different tiers of the government in respect to the subjects listed in the Schedule XI.
• Karnataka has created a separate bureaucratic cadre for Panchayats to get away from the practice of deputation of officials who often overpowered the elected representatives.