Panchayati Rah System in Bihar | BPSC Preparation: All subjects - BPSC (Bihar) PDF Download

Local Self Government in Bihar

The local self government system in India was established by the 73rd and 74th Constitutional Amendment Act. This system allows for the creation of local self government institutions by state legislatures, which grant them specific powers. In Bihar, the Panchayati Raj System was introduced in 1947, and it applies to both rural and urban areas of the state.

Historical Background

• Balwant Rai Mehta Committee (1957): This committee recommended a three-tier panchayati raj system for better democratic decentralization.
• Ashok Mehta Committee (1978): Suggested a two-tier system and emphasized the need for greater financial powers to local bodies.

Constitutional Amendments

• The 73rd Amendment (1992) pertained to the Panchayati Raj System, while the 74th Amendment (1992) focused on urban local bodies.
• These amendments were crucial for establishing a democratic and decentralized administration, bringing governance closer to the people and ensuring social and economic justice.

Current Structure

• Bihar is divided into 9 divisions, 38 districts, 101 sub-divisions, 534 blocks, and numerous Gram Panchayats.
• This hierarchical structure facilitates effective local governance and administration.

Application

• The Panchayati Raj System in Bihar is applicable to both rural and urban areas, as mentioned in the state list.
• Local self government institutions in Bihar operate within the framework set by the state legislature, following the guidelines established by the constitutional amendments.

Panchayati Raj System (Rural Self Government)

• The Panchayati Raj System is implemented in the rural areas of Indian states, and its roots can be traced back to ancient times. This system is characterized by unique features that promote local self-governance at the grassroots level. The formal recognition of the Panchayati Raj System came in 1992 with the 73rd Amendment to the Indian Constitution.
• Before the amendment, rural self-governance was practiced through Panchayats, which were informal and lacked constitutional backing. The 73rd Amendment provided a legal framework for the Panchayati Raj System, ensuring its uniform implementation across states.
• The amendment introduced the 11th Schedule to the Constitution, detailing the functions and powers of Panchayati Raj institutions. It mandated the establishment of a three-tier Panchayati Raj system in each state, comprising village, intermediate, and district levels. However, states with a population not exceeding 20 lakhs are exempt from constituting Panchayats at the intermediate level.
• One of the significant provisions of the Panchayati Raj Act is the reservation of seats for Scheduled Castes (SCs) and Scheduled Tribes (STs) in every Panchayat, proportional to their population. This ensures adequate representation and participation of these communities in local governance. To be eligible for election to a Panchayat, a candidate must be at least 21 years old and qualified to be a member of the Legislature.
• The Panchayati Raj System empowers local communities to participate in decision-making processes, promoting democratic governance at the grassroots level. It plays a crucial role in rural development, ensuring that the needs and aspirations of local populations are addressed effectively.

Panchayati Raj System in Bihar

• The Panchayati Raj System in Bihar was established under the Bihar Panchayati Raj Act, which was enacted in 1947, shortly after India gained independence. The system became operational in 1949. Initially, the Act was amended in 1959 based on the recommendations of the Balwant Rai Mehta Committee to enhance the functioning of the Panchayati Raj System in the state.

In 1961, the Bihar government introduced the Bihar Panchayat Samiti and Zila Parishad Act, which laid the foundation for a three-tier Panchayati Raj System in the state, comprising:

• Gram Panchayat: The lowest level of the Panchayati Raj System, responsible for local governance in villages.
• Panchayat Samiti: The second tier, operating at the block level and coordinating the activities of Gram Panchayats.
• Zila Parishad: The apex body at the district level, overseeing the functioning of Panchayat Samitis and Gram Panchayats.

The State Election Commission is responsible for conducting elections for Gram Panchayats in Bihar. In response to the 73rd constitutional amendment, the Bihar Panchayati Raj Act, 2006 was enacted to strengthen the three-tier panchayat system in the state. Some of the salient features of Panchayati Raj Institutions in Bihar include:

• Seat reservation for Scheduled Castes (16%) and Scheduled Tribes (1%) in every Panchayat.
• 50% reservation for women in local Panchayats, making Bihar the first state in India to implement such a measure. This practice has also been adopted in other states like Uttarakhand, Madhya Pradesh, and Himachal Pradesh.
• Reservation of around 20% for Extremely Backward Classes (EBCs).
• The duration of a Panchayat is five years, with a requirement of four Gram Sabha meetings per year.

Three Tier Structure of Panchayati Raj System

The Panchayati Raj system consists of three levels of governance: Zila Parishad, Panchayat Samiti, and Gram Panchayat. The chairpersons of these bodies are known as Mukhiya (Gram Panchayat), Pramukh (Panchayat Samiti), and Adhyaksha (Zila Parishad).

Zila Parishad

Zila Parishad is the highest level in the Panchayati Raj structure. The Governor of the state is responsible for constituting a Finance Commission every five years to assess and improve the financial position of the Panchayats.

Composition: Members include:

• Chairpersons of all Panchayat Samitis in the district (ex-officio members).
• Members of Parliament and State Legislative Assembly representatives whose constituencies lie within the district.
• Elected members from the district, based on adult franchise, for a term of five years.

Leadership: Each Zila Panchayat is headed by a President and Vice-President, elected from among the members. Each Zila Panchayat has a Chief Executive Officer (CEO).

Functions: The Zila Parishad is responsible for:

• Managing agricultural activities, land improvement, and soil conservation.
• Overseeing minor irrigation projects and developing groundwater and watershed resources.
• Providing rural electrification, district roads, housing, health, and education services.
• Regulating markets for horticultural, agricultural, and dairy products.
• Implementing poverty alleviation and social reform programs.

Sources of Income: The Zila Parishad generates income through various taxes, including:

• Taxes on businesses operating in rural areas.
• Taxes on brokers and commission agents in markets they establish.
• Land revenue taxes.

Panchayat Samiti

The Panchayat Samiti is the second level of the Panchayati Raj system, responsible for a block. Members are elected from the Panchayats, and the term is five years. Meetings must be held at least once every two months.

Composition: A Panchayat Samiti is formed based on a population of approximately 5,000. It includes:

• Elected members from the block, with constituencies typically ranging from 10 to 25.
• Members of the State Legislative Assembly representing constituencies within the block.
• One-fifth of the Gram Panchayat members.
• Sarpanchs from the block’s territorial area, selected by lot on a rotational basis for one year.

Leadership: Each Panchayat Samiti is led by a President and Vice President, elected from among the members, and has a Chief Executive Officer.

Functions: Responsibilities include:

• Reviewing annual plans from all Gram Panchayats within the Samiti.
• Preparing and submitting the annual budget to the Zila Parishad.
• Continuing programs and projects assigned by the Zila Parishad.

Sources of Income: The main sources of income are grants and loans from the State Government.

Gram Panchayat

• Overview: Gram Panchayats represent the lowest tier in the three-tier system of local self-governance in India. They are the smallest units of elected governance and are found at the village level. While the Gram Sabha is a general body of electors, the Gram Panchayat is the executive body elected to carry out specific functions. The Gram Panchayat must follow the directions given by the Gram Sabha in its duties.

Composition

• Gram Panchayats are established in rural areas with a population of 7,000 or more.
• Each Panchayat is composed of members elected from areas with a population of 500 people.
• Each Gram Panchayat area is divided into 10 to 20 wards, with each ward electing one ward member and one Panch.
• The Gram Panchayat includes:
  • Elected ward members.
  • Mukhiya: the head of the Gram Panchayat.
  • Up-Mukhiya: the Deputy Mukhiya.
  • Secretary: who may serve multiple Gram Panchayats.
• Panch, Sarpanch, and up-Sarpanch (Deputy Sarpanch) are elected by the Gram Panchayat electorate and hold judicial power within the Panchayati Raj system.

Functions

• Provision of essential services such as drinking water, housing, and electrification.
• Maintenance of vital village statistics.
• Preparation of annual plans and budgets for the Panchayat area.
• Construction and upkeep of:
  • Cattle sheds
  • Ponds
  • Public parks
  • Playgrounds
  • Garbage bins
  • Dharamshalas (community rest houses)
  • Similar institutions
• Regulation and management of local markets, fairs, and festivals.

Sources of Income

• Grants from the State Government.

BIPARD

• The Bihar Institute of Public Administration and Rural Development (BIPARD) plays a crucial role in the state government's regulatory framework.
• BIPARD has established a group of master resource persons to provide training to IT personnel and facilitate the implementation of the e-Panchayat mission mode project.