Local Self Government
Local Self Government:
à73rd, 74th Amend. Deal with local self govt.
· This local self govt. come sunder state list subject.
· Art – 40 deal with L.S Govt. (Panchayat Raj Institution).
· CHOLA’s admin. is known for L.S.G.
àIn 1870, Lord Mayo made resolution regarding L.S.G.
· In 1882, Lord Rippon resolution regarding ‘Magna Carto’ of L.S.G. hence Rippon is called father of L.S.G.
àIn 1907, British govt appointed a Royal commission under the chairmanship of Hobbhouse.
· Acc. In 1909, Minto - Morley reforms, elections to elect members of local bodies directly was held.
àIn 1919, Montagu-Chelmsford reforms, L.S.G were placed in transferred list.
· In 1919 act, they are transferred to state list.
Local self Government in India after 1950:
· In 1952, central govt launched community development program (CDP) at block level (samithi).
· In 1953, another program was launched NEP. National Extention Program.
· In 1957, central govt. planning commission constituted a study team under the chairmanship of BalvanthRai Mehta to review the working of CDP, NEP.
· B.V. Rai Mehta committee recommended for the development of 3 tier P.R systems.
1. Gram Panchayat at village level. (head – sarpanch)
2. Mandal Panchayat or Panchayat samithi @ taluk or intermediate level.
3. Zilla parishad at district level.
· RJ, on 2nd Oct 1959 @ Nagore district P.R system of 3 tier was estb.
· AP was the 2nd state to introduce 3 tier p.R. sytem in 1st Nov, 1959 at mahabboobnagar district. Shadnagar by Nehru.
Ashok Mehta committee:
· In 1977 Janta party govt appointed ashok Mehta committee to review the working of 3 tier system.
· This committee recommended 2-tier system. He recomm. for abolition of gram Panchayat; & strengthening mandal system.
· These recomm. could not be implemented due to fall of janta govt.
G.V.K. Rao committee was appointed:
· To examine the reforms & make suggestions regarding rural development.
· He observed that the system of L.S.G is not a grass root democracy, but it is a grass without roots.
· He suggested elimination of Bureaucracy.
L.M. Singhvi committee:
· In 1986, Rajiv Gandhi appointed this committee & it recomm. Constitutional status to L.S.G.
· Accordingly, 64th amend was introduced in 1989, but this amend was reflected by states in R.S was defeated were introduced & were accepted & became acts in 1993.
· They came into force 24th April, 1993. In AP à 24th April, 1994.
· By this new Panchayat system, new urban local govt system is introduced.
Features of 73rd & 74th const. amend.:
1. 73rd amend deals with Panchayat raj institutions. The structure of P.R institution in 9th part Art – 243 (A-O).
· Functions of P.R institution is in 11th schedule.
2. 74th amend deal with nagarapalikas (urban local govt), in part – (A) from 243 (P-Zg)
à3 tier system needs to be continued rural & urban areas. They are in urban areas.
Nagara Panchayat
Municipality
Municipal corporation
àHowever 3 tier system is not applicable to J & K; & the states having < 20lakhs population.
· The min. age to contest in all local bodies is 21 yrs attained.
· Representatives in all local bodies are elected directly. However, the head of gram Panchayat is elected acc. To the procedure determined by state govt. in AP it’s direct. (sarpanch)
· The head of mandal & district level is elected indirectly on party basis.
· Sarpanch: Non party basis.
Note: 1st PM, to be not a member of any house during his appointed as PM.
· Reservations are provided to SC, ST according to their population. Reservations are also provided to BC acc. To % fixed by state govt.
· Not less than 1/3rd seats are reserved to women in all categories.
· There shall be a state E.C to conduct elections for local bodies under Art – 243 – K.
· There will be a state finance commission under (243 – I).
· However minor changes can be made by the state legislature without disturbing the spirit of 73rd, 74th const. amend.
Ex: In AP there is a special condition to contest for local bodies. The candidate should not have > 2 children after 1996.
Important Articles of 73rd & 74th Amend
Art – 243(A): Const. of Gramasabha
It is a non elected body consisting voters of that grama.
It is an advisory body, giving advising to Panchayat about policies and programs.
Art – 243(B): 3 tier system.
Art – 243(C): Election to local bodies (directly)
Art – 243(D): The reservation in G.Panchayat.
Art – 243(E): Tenure of Panchayat
Art – 243(F): Disqualification.
- Anti-defection is not applicable to G.Panchayat applicable to MPTC, ZPTC, municipalities.
Art – 243(G) : Function of Grama Panchayat
: 11th schedule deals with 29 functions.
o Main function is to provide civic amenities to civilians and part of rural development like agriculture.
Art – 243(H): Income resources to Panchayatist.
Major source is central – state government grants.
Apart from it, local taxes like ppty tax, professional tax, entertainment tax, octroi, market etc.
Art – 243(I): State finance commission.
- Appointed by government for 5 years term.
- Makes recomm. for revenue division between state – local bodies.
- This is a constitutional body.
Art – 243(K): State election commission.
- Appointed by government for 5 years.
- It’s a constitutional body.
- State election commission is removed like HC Judges like removed by president on resolution by parliament.
- It conducts election to local bodies.
- State election commissioner: C.Ramakanth Reddy.
Art – 243(M): Certain except for 3 tier system.
-3-tier system is not applicable to hilly areas of Mg, Mn, Mz, Ng, Darjeeling dist of WB.
74th amend:
Art – 243(Z) (d): District planning committee
Art – 243(Z) (e): Metropolitan planning committee, for cooperation having > 10lakh population.
Panchayat Raj System:
Structure:
1st Nov, 1959, 3 tier Panchayat Raj System was introduced in A.P.
Government of A.P enacted P.R institutions act, 1964.
From 1964–1981, indirect elections are held for 3tier P.R system.
However, Jalgam Vengalrao comm.., Narasimhan comm.., Dantureda comm.., recommended direct elections for grama Panchayat.
According in 1981, 1st time direct elections are held for G.Panchayat.
In 1985, TDP with NTR as C.M, Mandal parishad system was introduced.
Earlier there were 324 panchayat samitis (Block Level). They have been abolicated & they have been divided into Mandals, with 1104 mandals.
- In 1989, congress party appointed D.K.Samarasimha Reddy committee, to review the working of Mandal system.
- According some recomm. were made: To study these recomm. B.R.R. Vittal committee was appointed.
3 Tier system in AP:
1. Grama Panchayat: usually 300 – 500 population constitutes a gram Panchayat. In agency & tribal areas, population is not a criterion.
-The gram Panchayat shall consist of:
a) Gram sabha
b) Ward members
c) Sarpanch
d) Uparsarpanch
e) Executive officers
-The voters of G.Sabha are members of G.sabha.
-The Gram Panchayat has min. 7 wards, max. 21 wards. These ward members are elected directly.
-Head of Gram Panchayat, sarpanch is elected directly. (Irrespective of party).
-Upasarpanch is elected by ward members.
-Govt. officer is called executive officer.
àGram sabha should meet once in 4 months.
2. Mandal Parishad:
Usually population between 20000 – 30000 will make a mandal. This is 2nd tier.
In KA, this is known as mandal Panchayat / block Panchayat. In GJ it is called Taluka Panchayat. In MP it is called Janpath Panchayat. In TN it is called Panchayat sangh.
Structure:
It consists of
a) Mandal parshid territorial constituencies (MPTC).
-MPTC, are elected directly by voters on a political party basis. A min. of 7 & max. of 23 MPTC.
-Each MPTC represent 3000 – 4000 population.
b) Mandal president, Mandal vice president.
-Both are elected indirectly among MPTC members. They can be removed by no confidence motion.
-However, the no confidence cannot be introduced in 1st 4yrs.
-Even anti-defection is applicable to MPTCs as they are elected on party basis.
c) There will be 2 co-opted members belonging to minorities.
-All local MLAs, MPs who are that residents of mandals become ex-officio, member of mandal.
-There will be certain permanent invites to mandal parishad like District collector, ZP chairman, ZPTC, sarpanchs of Gram Panchayat, chairman of district agriculture, market society. They do not have right to vote.
-Permanent invites do not have right to vote. But ex-officio members will have right to vote.
-There will be a govt officer called MP development officer.
Functions:
-Implementation of all rural development activities, upper 1°, 1° education development.
-Mandal parshid do not impose any taxes but get a share from the tax.
àRight now, there are 1097 mandal parshid & 1128 revenue mandals.
3. Zilla Parishad: (ZP)
Every district is treated as zilla parishad. But Hyderabad do not have ZP i.e. it has 22.
Composition:
A) ZPTC – from mandal a ZPTC is elected.
B) ZP chairman, Dy. Chairman – election indirect & party basis
C) Two co-opted members
D) Ex-officio members
E) Permanent invites involve: zilla collector, chairman of district cooperative bank, chairman of zilla cooperative market sangh.
F) There will be govt officer called C.E.O. (G-I/IAS).
Functions:
1. Preparation of district plans
2. High school education
This has supervisory functions.
- There will be 7 standing comm.. in zilla parshid. The chairman of the these comm..are appointed by ZP chairman.
The 7 committees are:
Standing committee on Finance & Planning
Standing committee on Rural development
Standing committee on Agriculture
Standing committee on women welfare
Standing committee on Health
Standing committee on social welfare
Standing committee on taxes
3 – Tier system in Urban areas:
Nagara Panchayat
Municipality
Municipal corporation
1. NP:
- It’s a newly created her, which is a transitional area from village à town.eg: Putaparthi.
- It has structure & composition as Panchayat.
2. Municipality:
· If the income of that area other than Agriculture is 70%, that area is converted to municipality.
· Usually, population range = [20,000-30,000].
· The heads of urban local government will be elected according to the procedure fixed by state government.
· But vice-chairman is elected indirectly; ward- members (or) councilors are elected directly on party basis.
· Government officer is known as Municipal officers. There will be cooperated members and also ex officers members like
District collector ß No right to vote.
Members of local MLAs, MPs. ß Right to vote.
3. Municipal Cooperation:
· If the income >4cr. & population > 3lakh.
· Members: Mayor, Dy. Mayor, Cooperated members, Cooperators, Ex-office member, Cooperation commissioner (Govt. off).
Local Self Government:
à73rd, 74th Amend. Deal with local self govt.
· This local self govt. come sunder state list subject.
· Art – 40 deal with L.S Govt. (Panchayat Raj Institution).
· CHOLA’s admin. is known for L.S.G.
àIn 1870, Lord Mayo made resolution regarding L.S.G.
· In 1882, Lord Rippon resolution regarding ‘Magna Carto’ of L.S.G. hence Rippon is called father of L.S.G.
àIn 1907, British govt appointed a Royal commission under the chairmanship of Hobbhouse.
· Acc. In 1909, Minto - Morley reforms, elections to elect members of local bodies directly was held.
àIn 1919, Montagu-Chelmsford reforms, L.S.G were placed in transferred list.
· In 1919 act, they are transferred to state list.
Local self Government in India after 1950:
· In 1952, central govt launched community development program (CDP) at block level (samithi).
· In 1953, another program was launched NEP. National Extention Program.
· In 1957, central govt. planning commission constituted a study team under the chairmanship of BalvanthRai Mehta to review the working of CDP, NEP.
· B.V. Rai Mehta committee recommended for the development of 3 tier P.R systems.
1. Gram Panchayat at village level. (head – sarpanch)
2. Mandal Panchayat or Panchayat samithi @ taluk or intermediate level.
3. Zilla parishad at district level.
· RJ, on 2nd Oct 1959 @ Nagore district P.R system of 3 tier was estb.
· AP was the 2nd state to introduce 3 tier p.R. sytem in 1st Nov, 1959 at mahabboobnagar district. Shadnagar by Nehru.
Ashok Mehta committee:
· In 1977 Janta party govt appointed ashok Mehta committee to review the working of 3 tier system.
· This committee recommended 2-tier system. He recomm. for abolition of gram Panchayat; & strengthening mandal system.
· These recomm. could not be implemented due to fall of janta govt.
G.V.K. Rao committee was appointed:
· To examine the reforms & make suggestions regarding rural development.
· He observed that the system of L.S.G is not a grass root democracy, but it is a grass without roots.
· He suggested elimination of Bureaucracy.
L.M. Singhvi committee:
· In 1986, Rajiv Gandhi appointed this committee & it recomm. Constitutional status to L.S.G.
· Accordingly, 64th amend was introduced in 1989, but this amend was reflected by states in R.S was defeated were introduced & were accepted & became acts in 1993.
· They came into force 24th April, 1993. In AP à 24th April, 1994.
· By this new Panchayat system, new urban local govt system is introduced.
Features of 73rd & 74th const. amend.:
1. 73rd amend deals with Panchayat raj institutions. The structure of P.R institution in 9th part Art – 243 (A-O).
· Functions of P.R institution is in 11th schedule.
2. 74th amend deal with nagarapalikas (urban local govt), in part – (A) from 243 (P-Zg)
à3 tier system needs to be continued rural & urban areas. They are in urban areas.
Nagara Panchayat
Municipality
Municipal corporation
àHowever 3 tier system is not applicable to J & K; & the states having < 20lakhs population.
· The min. age to contest in all local bodies is 21 yrs attained.
· Representatives in all local bodies are elected directly. However, the head of gram Panchayat is elected acc. To the procedure determined by state govt. in AP it’s direct. (sarpanch)
· The head of mandal & district level is elected indirectly on party basis.
· Sarpanch: Non party basis.
Note: 1st PM, to be not a member of any house during his appointed as PM.
· Reservations are provided to SC, ST according to their population. Reservations are also provided to BC acc. To % fixed by state govt.
· Not less than 1/3rd seats are reserved to women in all categories.
· There shall be a state E.C to conduct elections for local bodies under Art – 243 – K.
· There will be a state finance commission under (243 – I).
· However minor changes can be made by the state legislature without disturbing the spirit of 73rd, 74th const. amend.
Ex: In AP there is a special condition to contest for local bodies. The candidate should not have > 2 children after 1996.
Important Articles of 73rd & 74th Amend
Art – 243(A): Const. of Gramasabha
It is a non elected body consisting voters of that grama.
It is an advisory body, giving advising to Panchayat about policies and programs.
Art – 243(B): 3 tier system.
Art – 243(C): Election to local bodies (directly)
Art – 243(D): The reservation in G.Panchayat.
Art – 243(E): Tenure of Panchayat
Art – 243(F): Disqualification.
- Anti-defection is not applicable to G.Panchayat applicable to MPTC, ZPTC, municipalities.
Art – 243(G) : Function of Grama Panchayat
: 11th schedule deals with 29 functions.
o Main function is to provide civic amenities to civilians and part of rural development like agriculture.
Art – 243(H): Income resources to Panchayatist.
Major source is central – state government grants.
Apart from it, local taxes like ppty tax, professional tax, entertainment tax, octroi, market etc.
Art – 243(I): State finance commission.
- Appointed by government for 5 years term.
- Makes recomm. for revenue division between state – local bodies.
- This is a constitutional body.
Art – 243(K): State election commission.
- Appointed by government for 5 years.
- It’s a constitutional body.
- State election commission is removed like HC Judges like removed by president on resolution by parliament.
- It conducts election to local bodies.
- State election commissioner: C.Ramakanth Reddy.
Art – 243(M): Certain except for 3 tier system.
-3-tier system is not applicable to hilly areas of Mg, Mn, Mz, Ng, Darjeeling dist of WB.
74th amend:
Art – 243(Z) (d): District planning committee
Art – 243(Z) (e): Metropolitan planning committee, for cooperation having > 10lakh population.
Panchayat Raj System:
Structure:
1st Nov, 1959, 3 tier Panchayat Raj System was introduced in A.P.
Government of A.P enacted P.R institutions act, 1964.
From 1964–1981, indirect elections are held for 3tier P.R system.
However, Jalgam Vengalrao comm.., Narasimhan comm.., Dantureda comm.., recommended direct elections for grama Panchayat.
According in 1981, 1st time direct elections are held for G.Panchayat.
In 1985, TDP with NTR as C.M, Mandal parishad system was introduced.
Earlier there were 324 panchayat samitis (Block Level). They have been abolicated & they have been divided into Mandals, with 1104 mandals.
- In 1989, congress party appointed D.K.Samarasimha Reddy committee, to review the working of Mandal system.
- According some recomm. were made: To study these recomm. B.R.R. Vittal committee was appointed.
3 Tier system in AP:
1. Grama Panchayat: usually 300 – 500 population constitutes a gram Panchayat. In agency & tribal areas, population is not a criterion.
-The gram Panchayat shall consist of:
a) Gram sabha
b) Ward members
c) Sarpanch
d) Uparsarpanch
e) Executive officers
-The voters of G.Sabha are members of G.sabha.
-The Gram Panchayat has min. 7 wards, max. 21 wards. These ward members are elected directly.
-Head of Gram Panchayat, sarpanch is elected directly. (Irrespective of party).
-Upasarpanch is elected by ward members.
-Govt. officer is called executive officer.
àGram sabha should meet once in 4 months.
2. Mandal Parishad:
Usually population between 20000 – 30000 will make a mandal. This is 2nd tier.
In KA, this is known as mandal Panchayat / block Panchayat. In GJ it is called Taluka Panchayat. In MP it is called Janpath Panchayat. In TN it is called Panchayat sangh.
Structure:
It consists of
a) Mandal parshid territorial constituencies (MPTC).
-MPTC, are elected directly by voters on a political party basis. A min. of 7 & max. of 23 MPTC.
-Each MPTC represent 3000 – 4000 population.
b) Mandal president, Mandal vice president.
-Both are elected indirectly among MPTC members. They can be removed by no confidence motion.
-However, the no confidence cannot be introduced in 1st 4yrs.
-Even anti-defection is applicable to MPTCs as they are elected on party basis.
c) There will be 2 co-opted members belonging to minorities.
-All local MLAs, MPs who are that residents of mandals become ex-officio, member of mandal.
-There will be certain permanent invites to mandal parishad like District collector, ZP chairman, ZPTC, sarpanchs of Gram Panchayat, chairman of district agriculture, market society. They do not have right to vote.
-Permanent invites do not have right to vote. But ex-officio members will have right to vote.
-There will be a govt officer called MP development officer.
Functions:
-Implementation of all rural development activities, upper 1°, 1° education development.
-Mandal parshid do not impose any taxes but get a share from the tax.
àRight now, there are 1097 mandal parshid & 1128 revenue mandals.
3. Zilla Parishad: (ZP)
Every district is treated as zilla parishad. But Hyderabad do not have ZP i.e. it has 22.
Composition:
A) ZPTC – from mandal a ZPTC is elected.
B) ZP chairman, Dy. Chairman – election indirect & party basis
C) Two co-opted members
D) Ex-officio members
E) Permanent invites involve: zilla collector, chairman of district cooperative bank, chairman of zilla cooperative market sangh.
F) There will be govt officer called C.E.O. (G-I/IAS).
Functions:
1. Preparation of district plans
2. High school education
This has supervisory functions.
- There will be 7 standing comm.. in zilla parshid. The chairman of the these comm..are appointed by ZP chairman.
The 7 committees are:
Standing committee on Finance & Planning
Standing committee on Rural development
Standing committee on Agriculture
Standing committee on women welfare
Standing committee on Health
Standing committee on social welfare
Standing committee on taxes
3 – Tier system in Urban areas:
Nagara Panchayat
Municipality
Municipal corporation
1. NP:
- It’s a newly created her, which is a transitional area from village à town.eg: Putaparthi.
- It has structure & composition as Panchayat.
2. Municipality:
· If the income of that area other than Agriculture is 70%, that area is converted to municipality.
· Usually, population range = [20,000-30,000].
· The heads of urban local government will be elected according to the procedure fixed by state government.
· But vice-chairman is elected indirectly; ward- members (or) councilors are elected directly on party basis.
· Government officer is known as Municipal officers. There will be cooperated members and also ex officers members like
District collector ß No right to vote.
Members of local MLAs, MPs. ß Right to vote.
3. Municipal Cooperation:
· If the income >4cr. & population > 3lakh.
· Members: Mayor, Dy. Mayor, Cooperated members, Cooperators, Ex-office member, Cooperation commissioner (Govt. off).
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