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Local Self-Government in Rajasthan

October 14, 2024

Local Self-Government in Rajasthan

Rural Local Self-Government

  • Gram Panchayat: The smallest unit of local self-government at the village level.
  • Panchayat Samiti: Functions at the block level, coordinating the activities of multiple Gram Panchayats.
  • Zila Parishad: Operates at the district level, supervising and coordinating the activities of Panchayat Samitis.

Urban Local Self-Government

  • Municipality: Governs smaller urban areas.
  • Municipal Council: Handles governance of larger towns.
  • Municipal Corporation: Administers major urban centers or cities.
  • Other Bodies:
    • Notified Area Committee
    • Cantonment Board
    • Port Trust

Development of Rural Local Self-Government in India

  • Pre-Independence:
    • Lord Ripon is considered the father of local self-government in India. His resolution of 1882 is often called the Magna Carta of Local Self-Government.
  • Constitutional Provision:
    • Article 40 of the Indian Constitution directs states to establish village panchayats as units of local self-government.
  • Post-Independence Development:
    • Panchayati Raj was first introduced in Bagdari Village, Nagaur, Rajasthan, in 1959.
    • The 64th Constitutional Amendment (1989) attempted to provide constitutional status to Panchayati Raj Institutions (PRIs) but was not passed in the Rajya Sabha.
    • 73rd Constitutional Amendment (1992): Gave constitutional status to Panchayati Raj Institutions, adding Part IX and 29 subjects in the 11th Schedule of the Constitution.

Committees Related to Panchayati Raj:

  • Balwant Rai Mehta Committee (1957):
    • Supported a three-tier Panchayati Raj system (Gram Panchayat, Panchayat Samiti, Zila Parishad).
    • Recommended directly elected Gram Panchayats and the District Collector as the chairman of the Zila Parishad.
  • Ashok Mehta Committee (1977):
    • Proposed a two-tier system (Mandal Panchayat and Zila Parishad).
    • Recommended constitutional status for Panchayati Raj and reserved seats for SC/ST and women.
  • GVK Rao Committee (1985):
    • Described Panchayati Raj as “grass without roots.”
    • Recommended strengthening the Zila Parishad and holding regular elections.
  • L.M. Singhvi Committee (1986):
    • Strongly advocated for constitutional recognition of Panchayati Raj Institutions.
  • Gadgil Committee (1988):
    • Supported a three-tier system for Panchayati Raj and emphasized the creation of State Finance Commissions and State Election Commissions.

Features of the 73rd Constitutional Amendment Act

  1. Article 243(A) – Gram Sabha:
    • Consists of all adult voters in a village, presided over by the Sarpanch.
    • Holds meetings at least once every six months. In Rajasthan, meetings are held four times a year:
      • 15 August (Independence Day)
      • 2 October (Gandhi Jayanti)
      • 26 January (Republic Day)
      • 1 May (Labour Day)
  2. Article 243(B) – Three-tier System:
    • Comprising Gram Panchayats, Panchayat Samitis, and Zila Parishads.
    • States with a population below 20 lakh can opt for a two-tier system.
  3. Article 243(C) – Elections:
    • Direct election for members of the Gram Panchayat, Panchayat Samiti, and Zila Parishad.
    • Indirect election for the Pradhan and Zila Parmukh.
  4. Article 243(D) – Reservation of Seats:
    • Reservation for SC/ST in proportion to their population.
    • One-third of seats reserved for women. In Rajasthan, 50% seats are reserved for women.
    • OBC reservation at 21%.
  5. Article 243(E) – Tenure of Panchayats:
    • Five-year term for Panchayats.
    • Re-election within six months if dissolved early.
  6. Article 243(F) – Qualifications for Members:
    • Minimum age: 21 years.
    • The member’s name must be in the electoral roll of the respective constituency.
  7. Article 243(G) – Powers and Functions of Panchayats:
    • Panchayats have the power to make and implement programs for economic development and social justice.
  8. Article 243(H) – Powers to Levy Taxes:
    • The State Legislature may authorize Panchayats to levy taxes.
  9. Article 243(I) – State Finance Commission:
    • A State Finance Commission is to be constituted every five years to review the financial position of Panchayats and recommend the distribution of taxes between the state and Panchayats.
  10. Article 243(J) – Audit of Panchayat Accounts:
    • The financial records of Panchayats are subject to regular audit.
  11. Article 243(K) – State Election Commission:
    • A State Election Commission oversees the conduct of elections for Panchayati Raj Institutions.
  12. Article 243(O) – Court Restrictions on Elections:
    • Courts are restricted from intervening in election matters related to Panchayats.

Mandatory Provisions of the 73rd Amendment:

  1. Establishment of Gram Sabha.
  2. Three-tier system for Panchayats (except for states with a population below 20 lakh).
  3. Reservation for women, SC/ST in Panchayats.
  4. Direct elections for members of Panchayats.
  5. Five-year tenure for Panchayats.
  6. Creation of State Finance Commissions and State Election Commissions.

Voluntary Provisions of the 73rd Amendment:

  1. Provision of reservation for backward classes.
  2. Powers to authorize Panchayats to collect taxes.
  3. Decision on whether elections should be party-based or non-party-based.
  4. Choice of direct or indirect election for the Sarpanch.

Oath-Taking Process in Panchayati Raj System:

Post Oath Administered By
Sarpanch / Up-Sarpanch / Ward Panch Presiding Officer
Pradhan / Member / Vice-President Sub-Divisional Officer (SDO)
Zila Parmukh / Deputy Chief District Collector

 

Resignation Process in Panchayati Raj System:

Post Resignation Accepted By
Sarpanch / Up-Sarpanch / Ward Member BDO (Block Development Officer)
Deputy President / Panchayat Samiti Member Pradhan
Zila Parmukh Divisional Commissioner

 

Structure of Panchayati Raj System in Rajasthan:

Level No. of Units Political Head Administrative Head Election Method
Zila Parishad 33 Zila Parmukh Chief Executive Officer Zila Parishad Members Direct
Panchayat Samiti 352 Pradhan BDO (Block Development Officer) Pradhan Indirect, Members Direct
Gram Panchayat 11,341 Sarpanch Village Development Officer Sarpanch Direct, Members Direct

 

Local Governance: Citizen Participation and Accountability

  • Citizen’s Charter: Enhances accountability by setting clear service standards, providing grievance redressal mechanisms, and promoting transparency.
  • State Information Commission: Ensures access to information under the Right to Information Act (RTI), 2005, which strengthens citizen engagement in local governance.

Through Panchayati Raj Institutions (PRIs) and Urban Local Bodies (ULBs), Rajasthan’s local self-governance system ensures democratic participation at the grassroots level, empowering citizens to take part in decision-making processes and hold local authorities accountable.

Local Self-Government in Rajasthan: Key Insights and Further Details

Evolution of Local Self-Government:

  • Lord Ripon’s Resolution (1882): Considered the starting point of modern local self-government in India, emphasizing the importance of local participation in governance.
  • Post-Independence Development:
    • Article 40 of the Directive Principles of State Policy urges states to organize village panchayats.
    • The introduction of Panchayati Raj in 1959 in Rajasthan marked a crucial step toward the establishment of a decentralized governance system.

Panchayati Raj in Rajasthan

Historical Development:

  • First Panchayati Raj System in India: Rajasthan became the first state to adopt the Panchayati Raj system in 1959 in the Nagaur district.
  • Three-Tier Structure:
    1. Gram Panchayat: Village-level governance body.
    2. Panchayat Samiti: Intermediate level, covering a group of villages.
    3. Zila Parishad: District-level governance body.

Key Features of the Panchayati Raj System in Rajasthan:

  1. Gram Panchayat:
    • The most basic unit of local self-governance.
    • Headed by an elected Sarpanch.
    • Responsible for addressing local issues like sanitation, health, education, and public infrastructure.
    • Direct elections for the Sarpanch and Ward Members.
  2. Panchayat Samiti:
    • Governs the block-level administration.
    • Pradhan and Samiti Members are elected, with the Pradhan being chosen indirectly.
    • Acts as a bridge between Gram Panchayats and Zila Parishads.
    • Responsibilities include executing government schemes, overseeing developmental work, and managing welfare programs.
  3. Zila Parishad:
    • Governs the district-level administration.
    • Zila Parmukh (District Head) and members of the Zila Parishad are elected, with the Zila Parmukh being indirectly elected.
    • Supervises the functioning of the Panchayat Samitis within the district.
    • Coordinates the execution of district-level policies and developmental activities.

Mandatory Provisions of the 73rd Constitutional Amendment in Rajasthan:

  • Formation of a Gram Sabha at the village level.
  • Reservation of seats for Scheduled Castes (SCs), Scheduled Tribes (STs), and women.
  • Five-year term for Panchayati Raj Institutions (PRIs).
  • Establishment of a State Election Commission to oversee elections.
  • Formation of a State Finance Commission to review the financial position of PRIs and recommend sharing of taxes.

Key Recommendations by Various Committees:

  • Balwant Rai Mehta Committee (1957): Introduced the three-tier Panchayati Raj system and recommended direct elections at the village level.
  • Ashok Mehta Committee (1977): Suggested a two-tier structure with Mandal Panchayat and Zila Parishad. It also advocated for a constitutional status to Panchayati Raj institutions.
  • GVK Rao Committee (1985): Emphasized the strengthening of Zila Parishads as the pillar of democratic decentralization.
  • L.M. Singhvi Committee (1986): Recommended constitutional recognition for Panchayati Raj institutions.

Urban Local Self-Government in Rajasthan

Types of Urban Local Bodies (ULBs):

  • Municipal Corporation (Nagar Nigam): Governs large cities.
  • Municipal Council (Nagar Parishad): Governs medium-sized towns.
  • Municipality (Nagar Palika): Governs smaller urban areas.

Municipal Governance Structure:

  1. Mayor (Nagar Nigam):
    • The head of a Municipal Corporation.
    • Elected indirectly by the elected members of the Municipal Corporation.
    • The Mayor represents the city and oversees its administration.
  2. Chairperson (Nagar Parishad/Nagar Palika):
    • The head of a Municipal Council or Municipality.
    • Elected indirectly by the members of the council.
    • Responsible for ensuring the implementation of developmental schemes and municipal services.

Functions of Urban Local Bodies:

  • Maintenance of civic infrastructure like roads, water supply, sanitation, and public health.
  • Collection of property taxes, fees, and user charges for municipal services.
  • Regulation of land use, building activities, and urban planning.
  • Provision of public services such as waste management, firefighting, and maintenance of parks.

Rajasthan Municipalities Act (2009):

  • Provides the legal framework for the establishment, governance, and functioning of Urban Local Bodies (ULBs) in Rajasthan.
  • Focuses on decentralized decision-making, urban development, and citizen engagement in governance.

State Election Commission (Rajasthan):

  • Established to conduct free and fair elections for Panchayati Raj Institutions and Urban Local Bodies.
  • Responsible for delimitation, reservation of constituencies, and voter list renewal.
  • The State Election Commissioner is appointed by the Governor on the recommendation of the Chief Minister.

State Finance Commission (Rajasthan):

  • Reviews the financial position of Panchayati Raj Institutions and Urban Local Bodies.
  • Makes recommendations regarding the distribution of taxes and grant-in-aid from the State Government.
  • A Finance Commission is constituted every five years to ensure fiscal devolution to local governments.
  • Current Chairman: Pradyuman Singh.

Significant Local Governance Reforms in Rajasthan:

  • Decentralization of Power: Rajasthan has implemented significant decentralization reforms, ensuring that Panchayati Raj Institutions (PRIs) and Urban Local Bodies (ULBs) are empowered to govern local affairs.
  • Strengthening Transparency and Accountability:
    • Implementation of the Right to Information (RTI) Act at the local level to increase transparency in local governance.
    • Citizen’s Charter initiatives provide citizens with clear guidelines on government services and the process for filing complaints or grievances.

Development Initiatives in Rajasthan’s Local Governance:

  • Swachh Bharat Mission (Urban and Rural): Focused on improving sanitation infrastructure and ensuring cleanliness across rural and urban areas.
  • Pradhan Mantri Awas Yojana (Urban & Rural): Targets providing affordable housing to economically weaker sections.
  • Smart Cities Mission: Jaipur and Udaipur have been selected under this initiative to modernize urban infrastructure and governance.

Conclusion:

Rajasthan’s local self-governance system, encompassing Panchayati Raj Institutions and Urban Local Bodies, plays a crucial role in ensuring grassroots democracy and citizen engagement. By implementing constitutional mandates such as the 73rd and 74th Amendments, the state has empowered local governments to manage developmental initiatives, address local needs, and ensure effective service delivery. Through ongoing reforms and the establishment of bodies like the State Election Commission and State Finance Commission, Rajasthan continues to strengthen its decentralized governance framework.

Key Features of Panchayati Raj Institutions (PRIs):

  1. Gram Panchayat:
    • The Gram Panchayat is the village-level governing body, playing a key role in the administration of rural areas.
    • Each Gram Panchayat is headed by a Sarpanch, elected through direct elections.
    • The Ward Members (Panch) are also directly elected by the villagers.
    • Responsibilities include:
      • Village development planning.
      • Implementation of government schemes related to health, sanitation, education, and social welfare.
      • Maintenance of public infrastructure such as roads, water supply systems, and sanitation facilities.
  2. Panchayat Samiti:
    • The Panchayat Samiti operates at the block level, overseeing a cluster of Gram Panchayats.
    • The Pradhan (block head) is indirectly elected by the members of the Panchayat Samiti.
    • Main functions include:
      • Coordinating the activities of Gram Panchayats.
      • Implementing development projects and government programs at the block level.
      • Supervising welfare schemes such as MGNREGA and Swachh Bharat Mission.
  3. Zila Parishad:
    • The Zila Parishad is the highest tier of the Panchayati Raj system, functioning at the district level.
    • The Zila Parmukh (District Head) is elected indirectly by the elected members of the Zila Parishad.
    • It acts as a coordinating body between the Panchayat Samitis within the district.
    • Major roles include:
      • Formulation of district development plans.
      • Overseeing execution of policies related to infrastructure, education, health, and agriculture.
      • Monitoring the utilization of district-level funds.

Important Functions of Panchayati Raj Institutions (PRIs):

  1. Local Administration:
    • PRIs manage local administrative tasks, including record-keeping, land disputes, and birth/death registrations.
  2. Economic Development:
    • Implementation of schemes related to agriculture, irrigation, fisheries, and rural industries to enhance local economic growth.
  3. Social Welfare:
    • Overseeing the provision of basic amenities like drinking water, sanitation, and rural housing.
    • Management of government welfare schemes such as Indira Awaas Yojana, Janani Suraksha Yojana, and old age pensions.
  4. Disaster Management:
    • PRIs play a crucial role in disaster relief efforts, particularly during natural calamities like floods, droughts, and earthquakes.
  5. Education and Health:
    • PRIs ensure the implementation of programs like Sarva Shiksha Abhiyan and Mid-Day Meal Scheme.
    • Promotion of primary healthcare through Primary Health Centers (PHCs) and Sub-Centers.

Urban Local Bodies (ULBs) in Rajasthan: Detailed Overview

Urban Governance Structure:

  1. Municipal Corporation (Nagar Nigam):
    • Governs large cities with populations exceeding one million.
    • The elected Mayor heads the Municipal Corporation and is responsible for overseeing urban administration and public services.
    • Roles include:
      • Maintenance of urban infrastructure, including roads, bridges, and water supply systems.
      • Solid waste management and sanitation services.
      • Urban planning and regulation of building activities.
  2. Municipal Council (Nagar Parishad):
    • Operates in medium-sized towns with populations between 100,000 and 1 million.
    • The Chairperson leads the council and ensures proper urban management and service delivery.
    • Functions include maintaining civic amenities, public health, sanitation, and street lighting.
  3. Municipality (Nagar Palika):
    • Governs smaller urban areas and towns.
    • Led by a Chairperson, municipalities are responsible for providing basic services such as water supply, drainage, and public safety.

Key Roles of Urban Local Bodies (ULBs):

  1. Urban Infrastructure Development:
    • ULBs are responsible for developing and maintaining essential infrastructure, such as roads, bridges, markets, and public buildings.
  2. Water Supply and Sanitation:
    • Ensuring continuous drinking water supply and efficient management of sewage and wastewater.
    • Solid waste management, including garbage collection, recycling, and disposal.
  3. Urban Planning and Land Use Regulation:
    • ULBs oversee land use and building regulations, ensuring urban development adheres to zoning laws and safety codes.
  4. Public Health and Safety:
    • Management of hospitals, clinics, and dispensaries to provide healthcare services to urban residents.
    • Ensuring fire safety, traffic control, and disaster preparedness.
  5. Revenue Collection:
    • ULBs collect property taxes, user fees, and business licenses to fund urban development projects and services.

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