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PANCHAYATI RAJ IN INDIA

 Panchayati Raj refers to the system of rural local self-government in India.
 It has been established in all states through State Legislature Acts to strengthen
democracy at the grassroots level.
 These institutions are entrusted with rural development functions.
 Panchayati Raj institutions were constitutionalised by the 73rd Constitutional
Amendment Act, 1992.

EVOLUTION OF PANCHAYATI RAJ INSTITUTIONS

BALWANT RAI MEHTA COMMITTEE (1957)

 Appointed by the Government of India in 1957.

 Purpose:
o To examine the working of the Community Development Programme
(1952) and
o The National Extension Service (1953).
 Chairman: Balwant Rai G. Mehta.
 Report submitted: November 1957.
 Introduced the concept of “Democratic Decentralisation”, later known as
Panchayati Raj.

MAJOR RECOMMENDATIONS

 Three-tier Panchayati Raj system:

o Gram Panchayat – village level
o Panchayat Samiti – block level
o Zila Parishad – district level
 Gram Panchayat:
o To be constituted by directly elected representatives.
 Panchayat Samiti & Zila Parishad:
o To be constituted by indirect elections.
 Planning and development activities should be entrusted to Panchayati Raj
institutions.
 Panchayat Samiti: Executive body.
 Zila Parishad: Advisory, coordinating and supervisory body.
 District Collector: Chairman of the Zila Parishad.
 Genuine transfer of power and responsibility to democratic institutions.
 Adequate financial resources should be devolved.

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 Provision for future devolution of authority.

IMPLEMENTATION

 Accepted by the National Development Council in 1958.

 States were allowed flexibility, but basic principles were to remain uniform.
 Rajasthan became the first state to implement Panchayati Raj on 2 October 1959
in Nagaur district.
 Followed by Andhra Pradesh in 1959.
 By mid-1960s, most states adopted the system, though with variations in tiers,
tenure, functions and finances.

ASHOK MEHTA COMMITTEE (1977–78)

 Appointed by the Janata Government in December 1977.

 Chairman: Ashok Mehta.
 Report submitted: August 1978.

MAJOR RECOMMENDATIONS

 Two-tier system:
o Zila Parishad at district level
o Mandal Panchayat below it (15,000–20,000 population).
 District as the first level of decentralisation below the state.
 Zila Parishad: Executive body responsible for district planning.
 Participation of political parties in Panchayat elections.
 Compulsory taxation powers for Panchayati Raj institutions.
 Regular social audit by district-level agency.
 No supersession by state governments; if unavoidable, elections within six
months.
 Nyaya Panchayats to be separate from development panchayats and headed by
qualified judges.
 Panchayat elections to be conducted by the Chief Electoral Officer of the state in
consultation with the Chief Election Commissioner.
 Transfer of development functions and staff to Zila Parishad.
 Voluntary agencies to mobilise people’s participation.
 Appointment of a Minister for Panchayati Raj in the state cabinet.
 Reservation for SCs and STs based on population.
 Constitutional recognition for Panchayati Raj institutions.
 Outcome: No action due to the collapse of the Janata Government.

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G. V. K. RAO COMMITTEE (1985)

 Appointed by the Planning Commission.

 Observed increasing bureaucratisation of development, weakening Panchayati
Raj institutions.
 Described the situation as “grass without roots”.

MAJOR RECOMMENDATIONS

 Zila Parishad should be the pivot of democratic decentralisation.

 Panchayati Raj institutions to play a key role in planning, implementation and
monitoring.
 Transfer of some state-level planning functions to district planning units.
 Creation of District Development Commissioner as:
o Chief Executive Officer of Zila Parishad
o In-charge of all development departments at district level.
 Regular elections to Panchayati Raj institutions.

L. M. SINGHVI COMMITTEE (1986)

 Appointed by the Rajiv Gandhi Government.

 Tasked with preparing a concept paper on revitalisation of Panchayati Raj.

MAJOR RECOMMENDATIONS

 Constitutional recognition, protection and preservation of Panchayati Raj

institutions.
 Addition of a new chapter in the Constitution.
 Constitutional provisions for regular, free and fair elections.
 Establishment of Nyaya Panchayats for clusters of villages.
 Reorganisation of villages to make Gram Panchayats viable.
 Emphasised Gram Sabha as the embodiment of direct democracy.
 Greater financial resources for village panchayats.
 Establishment of judicial tribunals for Panchayati Raj election disputes.

THUNGON COMMITTEE (1988)

MAJOR RECOMMENDATIONS

 Constitutional recognition of Panchayati Raj bodies.

 Three-tier system at village, block and district levels.

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 Zila Parishad as the planning and development agency.

 Fixed five-year tenure for Panchayati Raj institutions.
 Constitutional list of subjects for Panchayati Raj.
 Reservation based on population, including reservation for women.
 Establishment of State Finance Commission for financial devolution.
 District Collector to be the Chief Executive Officer of Zila Parishad.

GADGIL COMMITTEE (1988)

 Examined how Panchayati Raj institutions could be made effective.

MAJOR RECOMMENDATIONS

 Constitutional status for Panchayati Raj institutions.

 Three-tier system at village, block and district levels.
 Five-year fixed tenure.
 Direct elections at all three levels.
 Reservation for SCs, STs and women.
 Responsibility for preparation and implementation of socio-economic
development plans.
 Specified list of subjects in the Constitution.
 Power to levy, collect and appropriate taxes.
 Establishment of State Finance Commission.
 Establishment of State Election Commission.
 These recommendations became the basis for drafting the constitutional
amendment bill.

CONSTITUTIONALISATION OF PANCHAYATI RAJ

RAJIV GANDHI GOVERNMENT

 64th Constitutional Amendment Bill (July 1989) introduced in Lok Sabha.

 Failed in Rajya Sabha.

V. P. SINGH GOVERNMENT

 Conference of Chief Ministers (June 1990) to strengthen Panchayati Raj.

 Amendment Bill introduced in September 1990.
 Lapsed due to fall of the government.

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NARASIMHA RAO GOVERNMENT

 Constitutional Amendment Bill introduced in September 1991.

 Passed as the 73rd Constitutional Amendment Act, 1992.
 Came into force on 24 April 1993.

PART IX – THE PANCHAYATS (Articles 243 to 243F, 243G, 243H)

Constitutional Basis

 Part IX of the Constitution of India deals with Panchayats.

 These provisions apply to rural local self-government institutions.
 The framework establishes Panchayats as institutions of self-government in rural
areas.

Article 243 – Definitions

For the purpose of Part IX, unless the context requires otherwise:

 District
o Means a district in a State.
 Gram Sabha
o A body consisting of persons registered in the electoral rolls relating to a
village comprised within the area of a Panchayat at the village level.
 Intermediate Level
o A level between the village and district levels.
o Specified by the Governor of the State through a public notification for
the purposes of Part IX.
 Panchayat
o An institution of self-government, by whatever name called.
o Constituted under Article 243B.
o Applicable to rural areas.
 Panchayat Area
o The territorial area of a Panchayat.
 Population
o Population ascertained at the last preceding census, of which the relevant
figures have been published.
 Village
o A village specified by the Governor by public notification for the purposes
of this Part.
o Includes a group of villages so specified.

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Article 243A – Gram Sabha

 A Gram Sabha may exercise:

o Such powers, and
o Perform such functions
 At the village level,
 As the Legislature of a State may provide by law.

Article 243B – Constitution of Panchayats

 Clause (1)
o There shall be constituted in every State:
 Panchayats at the village level,
 Intermediate level, and
 District level,
o In accordance with the provisions of Part IX.
 Clause (2)
o Panchayats at the intermediate level may not be constituted in a State:
 Where the population does not exceed twenty lakhs.

Article 243C – Composition of Panchayats

Clause (1): Legislative Power

 The Legislature of a State may, by law, make provisions regarding the

composition of Panchayats.
 Proviso:
o The ratio between population and number of seats in a Panchayat at any
level:
 Shall be as far as practicable the same throughout the State.

Clause (2): Direct Elections

 All seats in a Panchayat shall be filled by persons chosen by direct election.

 Elections are from territorial constituencies in the Panchayat area.
 Each Panchayat area shall be divided into territorial constituencies such that:
o The population-to-seat ratio is as far as practicable uniform throughout
the Panchayat area.

Clause (3): Representation Provisions

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The State Legislature may provide for representation of:

 (a) Chairpersons of Panchayats at the village level:

o In Panchayats at the intermediate level, or
o In Panchayats at the district level (where no intermediate Panchayat
exists).
 (b) Chairpersons of Panchayats at the intermediate level:
o In Panchayats at the district level.
 (c) Members of:
o House of the People (Lok Sabha), and
o State Legislative Assembly,
o Representing constituencies wholly or partly comprising a Panchayat area,
o In Panchayats at levels other than the village level.
 (d) Members of:
o Council of States (Rajya Sabha), and
o State Legislative Council,
o Where they are registered as electors within:
 (i) A Panchayat area at the intermediate level, or
 (ii) A Panchayat area at the district level.

Clause (4): Voting Rights

 The Chairperson and other members of a Panchayat:

o Whether elected directly or not,
o Shall have the right to vote in Panchayat meetings.

Clause (5): Election of Chairperson

 Village-level Panchayat:
o Chairperson elected in such manner as State Legislature may provide by
law.
 Intermediate and District-level Panchayats:
o Chairperson elected by and from among the elected members.

Article 243D – Reservation of Seats

Clause (1): SC/ST Reservation

 Seats shall be reserved for:

o Scheduled Castes (SC),
o Scheduled Tribes (ST),

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 In every Panchayat.
 Reservation proportion:
o As nearly as may be equal to their population proportion in the Panchayat
area.
 Reserved seats may be allotted by rotation among constituencies.

Clause (2): SC/ST Women

 Not less than one-third of SC/ST reserved seats:

o Shall be reserved for women belonging to SC or ST.

Clause (3): Women Reservation

 Not less than one-third of total seats filled by direct election:

o Including SC/ST women seats,
o Shall be reserved for women.
 Such seats may be rotated among constituencies.

Clause (4): Reservation of Chairpersons

 Offices of Chairpersons at all levels shall be reserved for:

o SC,
o ST,
o Women.
 Proportional reservation based on State population of SC/ST.
 Not less than one-third of Chairperson offices reserved for women.
 Reservation to be rotated among Panchayats.

Clause (5): Time Limit

 Reservation for:
o SC/ST seats,
o SC/ST Chairpersons (excluding women),
 Shall cease after the period specified in Article 334.

Clause (6): Backward Classes

 Nothing prevents a State Legislature from providing:

o Reservation for backward classes of citizens,
o In seats or Chairperson offices at any Panchayat level.

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Article 243E – Duration of Panchayats

 Clause (1)
o Every Panchayat shall continue for five years from its first meeting,
o Unless dissolved earlier under law.
 Clause (2)
o No law amendment shall dissolve an existing Panchayat:
 Until completion of its five-year term.
 Clause (3): Elections
o Elections must be completed:
 (a) Before expiry of five years, or
 (b) Within six months of dissolution.
o Exception:
 If remaining period is less than six months, elections are not
mandatory.
 Clause (4)
o A Panchayat reconstituted after dissolution:
 Shall serve only the remaining term.

Article 243F – Disqualifications for Membership

Clause (1): Grounds

A person is disqualified if:

 (a) Disqualified under State Legislature election laws,

o However, minimum age is 21 years, not 25.
 (b) Disqualified under any law made by the State Legislature.

Clause (2): Authority

 Questions of disqualification:
o Shall be referred to an authority,
o Decided in a manner provided by State law.

Article 243G – Powers and Responsibilities

 Subject to the Constitution, the State Legislature may:

o Endow Panchayats with powers and authority.

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 Enables Panchayats to function as institutions of self-government.

 Includes devolution of powers regarding:
o Preparation of plans for economic development and social justice.
o Implementation of schemes for economic development and social justice.
o Matters listed in the Eleventh Schedule.

Article 243H – Finances of Panchayats

The State Legislature may, by law:

 (a) Authorise Panchayats to:

o Levy, collect and appropriate taxes, duties, tolls and fees.
 (b) Assign State-collected taxes to Panchayats.
 (c) Provide grants-in-aid from the Consolidated Fund of the State.
 (d) Provide for Panchayat Funds:
o Credit of all received money,
o Withdrawal procedures as specified by law.

ARTICLE 243 I – CONSTITUTION OF FINANCE COMMISSION TO REVIEW

FINANCIAL POSITION OF PANCHAYATS

1. Mandatory Constitution of State Finance Commission

 The Governor of a State is constitutionally mandated to constitute a Finance

Commission:
o Within one year from the commencement of the Constitution (Seventy-
third Amendment) Act, 1992
o Thereafter, at the expiration of every fifth year
 The purpose is to review the financial position of the Panchayats

2. Recommendations to be Made by the Finance Commission

The Finance Commission shall make recommendations to the Governor regarding:

(a) Principles Governing Financial Devolution

(i) Distribution of Tax Proceeds

 Distribution between the State and the Panchayats of the net proceeds of:
o Taxes
o Duties

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o Tolls
o Fees
 These are leviable by the State
 Includes:
o Division of proceeds between State and Panchayats
o Allocation among Panchayats at all levels of their respective shares

(ii) Assignment of Taxes

 Determination of:
o Taxes
o Duties
o Tolls
o Fees
 Which may be:
o Assigned to Panchayats, or
o Appropriated by Panchayats

(iii) Grants-in-Aid

 Recommendations regarding grants-in-aid to Panchayats

 Such grants are to be given from the Consolidated Fund of the State

(b) Measures for Financial Improvement

 Measures required to improve the financial position of the Panchayats

(c) Other Matters

 Any other matter referred to the Finance Commission by the Governor

 Such matters must be in the interests of sound finance of Panchayats

3. Composition and Appointment

 State Legislature may, by law, provide for:

o Composition of the Commission
o Qualifications required for appointment as members
o Manner of selection of members

4. Procedure and Powers

 The Commission:

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o Shall determine its own procedure

o Shall have such powers as the State Legislature may confer by law

5. Laying of Recommendations

 The Governor shall ensure that:

o Every recommendation of the Finance Commission
o Along with an explanatory memorandum on action taken
 Is laid before the Legislature of the State

ARTICLE 243J – AUDIT OF ACCOUNTS OF PANCHAYATS

 The State Legislature may, by law, make provisions regarding:

o Maintenance of accounts by Panchayats
o Auditing of such accounts
 No direct constitutional mandate; enabling provision

ARTICLE 243K – ELECTIONS TO THE PANCHAYATS

1. State Election Commission

 Superintendence, direction, and control of:

o Preparation of electoral rolls
o Conduct of all Panchayat elections
 Vested in a State Election Commission
 The Commission consists of a State Election Commissioner
 The State Election Commissioner is appointed by the Governor

2. Conditions of Service and Tenure

 Subject to State Legislature law:

o Conditions of service
o Tenure of office
 Determined by rules made by the Governor

Safeguards Provided

 The State Election Commissioner:

o Cannot be removed except in the same manner and on the same grounds
as a Judge of a High Court

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o Conditions of service shall not be varied to his disadvantage after

appointment

3. Staff Support

 The Governor shall provide:

o Necessary staff to the State Election Commission
 This is done when requested by the Commission

4. Legislative Powers

 Subject to the Constitution:

o State Legislature may make laws regarding:
 All matters relating to Panchayat elections
 Matters connected with such elections

ARTICLE 243L – APPLICATION TO UNION TERRITORIES

1. Applicability

 Provisions of Part IX apply to Union Territories

2. Substitution of Authorities

 In Union Territories:
o Governor → Administrator appointed under Article 239
o State Legislature → Legislative Assembly of the Union Territory, where it
exists

3. Presidential Power

 The President may, by public notification, direct:

o Application of Part IX to any Union Territory or part thereof
o Subject to exceptions and modifications specified in the notification

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ARTICLE 243M – PART NOT TO APPLY TO CERTAIN AREAS

1. Scheduled and Tribal Areas

 Part IX does not apply to:

o Scheduled Areas under Article 244(1)
o Tribal Areas under Article 244(2)

2. Exempted States and Areas

Part IX does not apply to:

 States:
o Nagaland
o Meghalaya
o Mizoram
 Hill areas of Manipur where District Councils exist

3. Darjeeling Hill Areas

 Provisions relating to district-level Panchayats do not apply to:

o Hill areas of Darjeeling district in West Bengal
 Functions and powers of the Darjeeling Gorkha Hill Council remain unaffected

4. Special Provision

 Reservation of seats for Scheduled Castes under Article 243D:

o Not applicable to the State of Arunachal Pradesh

5. Extension of Part IX

(a) By State Legislature

 States excluded under clause (2)(a) may extend Part IX by law if:
o Legislative Assembly passes a resolution by:
 Majority of total membership
 Majority of not less than two-thirds of members present and voting

(b) By Parliament

 Parliament may extend Part IX to:

o Scheduled Areas

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o Tribal Areas
 Subject to exceptions and modifications
 Such law shall not be treated as a constitutional amendment under Article 368

ARTICLE 243N – CONTINUANCE OF EXISTING LAWS AND PANCHAYATS

1. Existing Laws

 Any Panchayat law in force before the 73rd Amendment:

o If inconsistent with Part IX
o Shall continue:
 Until amended or repealed, or
 For one year from commencement, whichever is earlier

2. Existing Panchayats

 All existing Panchayats:

o Continue till completion of their duration
o Unless dissolved earlier by:
 Legislative Assembly (unicameral state), or
 Both Houses (bicameral state)

ARTICLE 243O – BAR TO INTERFERENCE BY COURTS IN ELECTORAL MATTERS

1. Delimitation and Allotment of Seats

 Validity of laws relating to:

o Delimitation of constituencies
o Allotment of seats
 Cannot be questioned in any court

2. Election Disputes

 No Panchayat election can be challenged except:

o By an election petition
o Presented to such authority
o In such manner as provided by State Legislature law

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COMPULSORY AND VOLUNTARY PROVISIONS UNDER THE

PANCHAYATI RAJ SYSTEM :

Compulsory Provisions (Mandatory for States)

 Organisation of Gram Sabha in every village or group of villages.

 Three-tier Panchayati Raj structure with Panchayats at:
o Village level
o Intermediate level
o District level
 Direct elections to all seats in Panchayats at all three levels.
 Indirect elections for the post of Chairperson at:
o Intermediate level
o District level
 Minimum age of 21 years prescribed for contesting Panchayat elections.
 Reservation of seats for SCs and STs:
o Applicable to both members and chairpersons
o At all three levels of Panchayats.
 Reservation of one-third of total seats for women:
o Covers members as well as chairpersons
o Applicable at village, intermediate, and district levels.
 Fixed tenure of five years for Panchayats at all levels.
 Fresh elections must be held within six months if a Panchayat is dissolved or
superseded.
 Establishment of constitutional bodies:
o State Election Commission
o State Finance Commission

Voluntary Provisions (Discretionary for States)

 Representation of Members of Parliament (both Lok Sabha and Rajya Sabha)

and State Legislature members (both Houses) in Panchayats falling within their
constituencies.
 Reservation of seats for Backward Classes:
o Applicable to members and chairpersons
o At any level of Panchayats, at the discretion of the State.
 Granting powers and authority to Panchayats to enable them to function as
institutions of self-government, thereby making them autonomous bodies.
 Devolution of powers and responsibilities to Panchayats for:
o Preparation of plans for economic development

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oPromotion of social justice

o Implementation of some or all of the 29 subjects listed in the Eleventh
Schedule.
 Granting financial powers to Panchayats, including:
o Levying taxes
o Collecting revenues
o Appropriating taxes, duties, tolls, and fees.

FINANCES OF PANCHAYATI RAJ INSTITUTIONS (PRIs)

Constitutional Framework

 Articles 243C, 243D, 243E, 243G, and 243K focus on structural empowerment.
 Actual autonomy and efficiency depend largely on financial strength and
resource-generation capacity.

Sources of Funds for Panchayats

 Grants from Union Government based on Central Finance Commission

recommendations (Article 280).
 Devolution from State Government based on State Finance Commission
recommendations (Article 243 I).
 Loans and grants from State Governments.
 Programme-specific allocations under:
o Centrally Sponsored Schemes
o Additional Central Assistance.
 Internal resource generation:
o Tax revenue
o Non-tax revenue.

Article 243H: Taxation Powers of Panchayats

State Legislature may, by law:

 Authorize Panchayats to levy, collect, and appropriate:

o Taxes
o Duties
o Tolls
o Fees
 Assign State-collected taxes to Panchayats under prescribed conditions.
 Provide grants-in-aid from the Consolidated Fund of the State.

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 Create Panchayat Funds for:

o Credit of all receipts
o Regulated withdrawal of funds.

Tax Domain of Village Panchayats

Taxes and fees commonly include:

 Octroi
 Property/house tax
 Profession tax
 Land tax/cess
 Vehicle tax/tolls
 Entertainment tax/fees
 License fees
 Tax on non-agricultural land
 Cattle registration fees
 Sanitation, drainage, and conservancy taxes
 Water rate/tax
 Lighting tax
 Education cess
 Tax on fairs and festivals

PESA ACT, 1996 (PROVISIONS OF THE PANCHAYATS – EXTENSION TO

THE SCHEDULED AREAS ACT)
Background and Applicability

 Part IX of the Constitution does NOT automatically apply to Fifth Schedule

Areas.
 However, Parliament is empowered to extend Part IX to these areas with
suitable exceptions and modifications.
 Using this power, Parliament enacted the PESA Act, 1996, also known as the
Extension Act.
 Scheduled Areas under the Act are those referred to in Article 244(1).
 Article 244(1) provides that the Fifth Schedule applies to Scheduled Areas and
Scheduled Tribes in states other than Assam, Meghalaya, Tripura, and Mizoram.
 The Fifth Schedule provides a special administrative framework for these areas.

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States Having Fifth Schedule Areas

 Ten States have officially notified Fifth Schedule areas:

o Andhra Pradesh
o Chhattisgarh
o Gujarat
o Himachal Pradesh
o Jharkhand
o Madhya Pradesh
o Maharashtra
o Odisha
o Rajasthan
o Telangana
 These areas may cover partially or fully several districts within these states.

Objectives of the PESA Act

 Extension of Part IX provisions of the Constitution to Scheduled Areas with

necessary modifications.
 Ensuring self-rule for the majority of the tribal population.
 Strengthening village governance through participatory democracy.
 Making the Gram Sabha the nucleus of all governance activities.
 Developing an administrative framework consistent with traditional practices.
 Safeguarding tribal customs, traditions, and culture.
 Empowering Panchayats at appropriate levels with powers suited to tribal
needs.
 Preventing higher-level Panchayats from encroaching upon the authority of:
o Gram Sabha
o Lower-level Panchayats.

SIGNIFICANCE OF IMPLEMENTING THE PESA ACT

1. Democratic Decentralisation

 Gram Sabhas are empowered to:

o Approve development plans
o Control social sector programmes
 Authority extends over:
o Jal, Jangal, Zameen (water, forest, land)
o Minor forest produce
o Human resources, including personnel implementing policies

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o Local markets
o Prevention of land alienation
o Regulation of intoxicants

2. Preservation of Tribal Identity

 Gram Sabhas ensure:

o Protection of cultural identity and traditions
o Control over schemes affecting tribal communities
o Authority over natural resources within village boundaries.

3. Conflict Resolution

 Gram Sabhas act as a protective mechanism safeguarding tribal rights against:

o External threats
o Internal disputes.

4. Public Watchdog Role

 Gram Sabhas are empowered to:

o Monitor
o Prohibit manufacturing, transport, sale, and consumption of intoxicants
within village limits.

TRIBALS AND THEIR RIGHTS IN INDIA

 Tribes are identified as Scheduled Tribes under Article 342 (1 & 2).
 Right to self-determination is ensured under:
o Part X of the Constitution
o Article 244
o Fifth and Sixth Schedules
 Key legal and policy instruments protecting tribal rights:
o PESA Act, 1996
o Tribal Panchsheel Policy
o Forest Rights Act, 2006, which recognises:
 Land rights
 Resource rights of forest-dwelling communities.

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REVISION TABULATION:

PART IX – THE PANCHAYATS (TABULATED GUIDE)

Article 243 – Definitions

Term Meaning
District A district in a State
Gram Sabha Body of persons registered in electoral rolls of a village within the
Panchayat at village level
Intermediate Level between village and district, specified by Governor through
Level public notification
Panchayat Institution of self-government constituted under Article 243B for
rural areas
Panchayat Area Territorial area of a Panchayat
Population Population as per last published census
Village Village or group of villages specified by Governor through public
notification

Article 243A – Gram Sabha

Aspect Provision
Powers & Functions Exercised at village level
Authority As provided by State Legislature by law

Article 243B – Constitution of Panchayats

Clause Provision
Clause Panchayats to be constituted at village, intermediate, and district levels in
(1) every State
Clause Intermediate Panchayats not mandatory in States with population ≤ 20
(2) lakhs

Article 243C – Composition of Panchayats

Provision Area Details

Composition Determined by State Legislature by law
Population–Seat Ratio As far as practicable, same throughout the State
Election of Members All seats filled by direct election from territorial
constituencies

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Territorial Constituencies Equal population-seat ratio within Panchayat area

Voting Rights Chairperson and all members have right to vote
Chairperson (Village) Elected as per State law
Chairperson (Intermediate & Elected by and from elected members
District)

Representation in Panchayats (Article 243C(3))

Represented Persons Level of Panchayat

Village Panchayat Chairpersons Intermediate or District Panchayat
Intermediate Panchayat District Panchayat
Chairpersons
Lok Sabha & State Assembly Panchayat above village level
Members
Rajya Sabha & Legislative Council Intermediate or District Panchayat where
Members registered as electors

Article 243D – Reservation of Seats

Category Reservation Rule

SC & ST Seats Proportionate to population in Panchayat area
SC/ST Women At least 1/3 of SC/ST reserved seats
Women (Total) At least 1/3 of total elected seats
Chairpersons Reserved for SC, ST, and Women
Women Chairpersons At least 1/3 at each level
Rotation Seats and offices allotted by rotation
Time Limit SC/ST reservation ceases as per Article 334
Backward Classes State Legislature may provide reservation

Article 243E – Duration of Panchayats

Aspect Provision
Normal Term Five years from first meeting
Protection from Law Amendment No dissolution before term ends
Election Time Before expiry or within 6 months of dissolution
Exception No election if remaining term < 6 months
Reconstituted Panchayat Serves only remaining term

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Article 243F – Disqualifications for Membership

Ground Provision
Legislative Disqualification Same as State Legislature elections
Minimum Age 21 years (not 25)
State Law Disqualification As prescribed by State Legislature
Authority Decided by authority specified by State law

Article 243G – Powers & Responsibilities

Area Details
Nature Panchayats as institutions of self-government
Planning Economic development & social justice
Implementation Development schemes including Eleventh Schedule matters
Authority Given by State Legislature by law

Article 243H – Financial Powers

Provision Details
Taxes Panchayats may levy, collect, and appropriate
Assigned Taxes State taxes may be assigned
Grants Grants-in-aid from Consolidated Fund of State
Panchayat Funds Creation, crediting, and withdrawal as per law

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Article Subject Key Constitutional Provisions

243I State Finance • Governor shall constitute a Finance Commission
Commission for within one year of 73rd Amendment, 1992 and every
Panchayats fifth year thereafter
• Purpose: Review financial position of Panchayats
• Recommendations to Governor on:
— Distribution of net proceeds of State taxes, duties,
tolls, fees between State and Panchayats and among
Panchayats at all levels
— Taxes, duties, tolls, fees to be assigned to or
appropriated by Panchayats
— Grants-in-aid from Consolidated Fund of the State
— Measures to improve financial position of
Panchayats
— Any other matter referred by Governor in the
interest of sound finance
• State Legislature may provide by law for composition,
qualifications, and selection of members
• Commission determines its own procedure and
powers as conferred by State law
• Governor shall lay recommendations and action-
taken memorandum before State Legislature
243J Audit of Panchayat • State Legislature may, by law, provide for:
Accounts — Maintenance of accounts by Panchayats
— Auditing of Panchayat accounts
243K Elections to • Superintendence, direction and control of Panchayat
Panchayats elections vested in State Election Commission
• Consists of State Election Commissioner appointed by
Governor
• Conditions of service and tenure determined by
Governor’s rules, subject to State law
• Removal only like a High Court Judge and service
conditions cannot be worsened after appointment
• Governor shall provide necessary staff when
requested by SEC
• State Legislature may make laws on all matters
relating to Panchayat elections
243L Application to • Part IX applies to Union Territories
Union Territories • In UTs:
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— Governor → Administrator (Article 239)

— State Legislature → UT Legislative Assembly (where
it exists)
• President may apply Part IX to any UT or part thereof
with exceptions and modifications by notification
243M Non-application to • Part IX does not apply to:
Certain Areas — Scheduled Areas (Art. 244(1))
— Tribal Areas (Art. 244(2))
• Not applicable to States of Nagaland, Meghalaya,
Mizoram
• Not applicable to hill areas of Manipur with District
Councils
• District-level Panchayats not applicable to Darjeeling
hill areas; powers of Darjeeling Gorkha Hill Council
unaffected
• Reservation for SCs under Art. 243D not applicable to
Arunachal Pradesh
• State Legislatures of exempted States may extend Part
IX by law with special majority resolution
• Parliament may extend Part IX to Scheduled/Tribal
Areas; such law not deemed a constitutional
amendment under Art. 368
243N Continuance of • Pre-73rd Amendment Panchayat laws inconsistent
Existing Laws and with Part IX continue:
Panchayats — Until amended/repealed, or
— For one year, whichever is earlier
• Existing Panchayats continue till expiry of duration
unless dissolved earlier by:
— Legislative Assembly (unicameral), or
— Both Houses (bicameral State)
243O Bar on Court • Courts cannot question validity of laws on
Interference in delimitation or allotment of seats under Art. 243K
Panchayat • No Panchayat election can be challenged except
Elections through an election petition as provided by State law

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