Long Questions with Answers - Local Governments

Q. 1. Discuss the main features of Panchayati Raj System with reference to the 73rd Constitutional Amendment.
Ans. The 73rd Constitutional Amendment, enacted by Parliament in December 1992 and coming into force on 24 April 1993, marked a major turning point for rural local government in India. It introduced Part IX and Schedule XI into the Constitution, laying down uniform constitutional provisions for Panchayats at the village, intermediate and district levels. The key features introduced by the Amendment are as follows:
1. Constitutional sanction to democracy at the grass-root level: The Amendment gave Panchayats formal recognition in the Constitution by adding a separate part and schedule dealing with Panchayats. Before this, Panchayats did not enjoy constitutional status.
2. Definition of Gram Sabha: The Act defines Gram Sabha as the body consisting of persons registered in the electoral rolls for a village within the area of a Gram Panchayat.
3. Definition of Panchayat: A Panchayat is defined as an institution of self-government constituted for a rural area.
4. Constitution of Panchayati Raj Institutions: The Amendment requires states to establish Panchayati Raj institutions at three levels:
(a) A Gram Panchayat at the village level.
(b) A Panchayat Samiti at the intermediate (block or tehsil) level.
(c) A Zila Parishad at the district level.
5. Direct election of the members: Members of Gram Panchayats are to be directly elected by the Gram Sabha. Each Panchayat area is divided into territorial constituencies, with one member elected from each. The minimum age for contesting is 21 years.
6. Reservation of seats: (a) Reservation is provided for Scheduled Castes and Scheduled Tribes in proportion to their population in the Panchayat area. Not less than one third of the seats reserved for Scheduled Castes are reserved for women from those castes.
(b) Seats may be reserved for Other Backward Classes where their population exceeds prescribed limits.
(c) Not less than one third of the total seats to be filled by direct election in every Panchayat are reserved for women (this includes seats reserved for SC/ST women).
7. Tenure of Panchayat: The term of Panchayats in all states is fixed at five years. If a Panchayat is dissolved before the end of its term, elections must be held within six months.
8. Powers and functions of the Panchayati Raj institutions: The state government is required to devolve powers and responsibilities to Panchayats with respect to the subjects listed in the Twelfth Schedule.
9. Sources of income of Panchayats: The Amendment envisages financial empowerment of Panchayats. State legislatures may empower Panchayats to levy taxes, fees and duties, and provide for assignments of shares in state taxes and grants-in-aid.
10. State Election Commission: An independent State Election Commission is to be constituted to supervise and conduct Panchayat elections. The Commission is appointed by the Governor and can be removed only in the manner prescribed for a High Court judge.
11. Finance Commission: The Governor of a state shall appoint a State Finance Commission at intervals to review the financial position of Panchayats and recommend measures to improve their finances, including distribution of financial resources between the state government and local bodies.
12. District Planning Committee: The Amendment provides for a District Planning Committee to consolidate local plans prepared by Panchayats and municipalities into a district development plan.
13. Audit of accounts of Panchayats: State legislatures may provide for maintenance and audit of Panchayat accounts.
14. Metropolitan Planning Committee: Metropolitan areas comprising two or more municipalities and Panchayats are to have a Metropolitan Planning Committee to prepare development plans.
15. Election petitions: The state legislature must provide for the hearing of election petitions relating to Panchayat elections.
16. Part not to apply to certain areas. The provisions do not apply to scheduled and tribal areas specified under Article 244 without suitable adaptation.
17. Bar to interference by courts in electoral matters. The Amendment places limitations on judicial interference in electoral matters of Panchayats.
Following the Amendment, states amended or enacted Panchayat Acts to bring their laws into conformity. Panchayati Raj now functions across India, though structures and practice vary. Several states follow a three-tier system (for example, Andhra Pradesh, Bihar, Karnataka, Maharashtra, Rajasthan, Tamil Nadu, Uttar Pradesh, West Bengal, Odisha, Kerala), while some smaller states and the north-eastern hill states have adapted arrangements suited to local conditions.
Conclusion. The 73rd Amendment is a historic reform that gave constitutional legitimacy to rural local self-government, fixed tenure, reservations for marginalised groups and women, and institutional mechanisms for finance and elections. It strengthened grassroots democracy by making periodic elections and devolution of functions a constitutional requirement.

Q. 2. Write a note on Gram Sabha.
Ans. The Gram Sabha is the general body of all registered voters within the area of a Gram Panchayat. It represents the primary forum for participatory democracy in the village.
Office bearers: The Gram Sabha participates in electing the Gram Pradhan (also called Sarpanch or Pradhan), who heads the Gram Panchayat. The Gram Panchayat functions as the executive body elected by the Gram Sabha.
Meetings: The Gram Sabha must meet at least twice a year. Traditionally, one meeting is held after the Rabi harvest (around December) and another after the Kharif harvest (around June). The Gram Pradhan may call special meetings. The quorum for a meeting is one-fifth of the total membership of the Gram Sabha.
Functions of Gram Sabha
Following are the main functions of the Gram Sabha:
(1) It decides broad priorities and policies for village development.
(2) It approves the village annual budget and deliberates on taxes proposed by the Gram Panchayat, voting on imposition of taxes or tolls.
(3) It considers the audit and administrative reports of the Gram Panchayat.
(4) It elects the Pradhan and the Panches of the Panchayat.
(5) It can remove the Pradhan and Panches by a two-thirds majority resolution.
(6) It promotes adult education and family-welfare programmes in the village.
(7) It helps promote unity and harmony among various sections of the village community.
The Gram Sabha is intended to act as a watchdog over the Gram Panchayat, but in practice it often functions weakly. Low attendance, irregular meetings and domination by a small group limit its effectiveness. Observers such as Iqbal Narain and P. C. Mathur have noted that the Gram Sabha has yet to develop into a forum for effective oversight. The Diwakar Committee recommended steps to strengthen the Gram Sabha by giving it a clearer and more active role in local governance.

Q. 3. Describe the composition, functions and sources of income of Gram Panchayat.
Ans. The Gram Panchayat is the basic institution for village administration. There are over two hundred and fifty thousand Gram Panchayats across India. Historically, Panchayats played a central role in village life; after Independence their importance was again emphasised and expanded.
Composition. The size of a Gram Panchayat varies with population. Typical membership ranges from about 5 to 31 members depending on state rules. Where a village population is very small, two or more villages may be grouped under a single Panchayat. Membership is fixed proportionally to population in different slabs.

Reservation of seats: Seats are reserved for Scheduled Castes and Scheduled Tribes in proportion to their population in the Panchayat area. Not less than one-third of the seats to be filled by direct election are reserved for women (this includes women from SC/ST where applicable). Seats for Other Backward Classes may also be reserved where their population is significant.
Election: Members of the Gram Panchayat are elected directly by adult residents of the village through a secret ballot. Any resident voter aged 21 years or above may stand for election.
Tenure: Following the 73rd Amendment, the tenure of all Panchayats is fixed at five years. If a Panchayat is dissolved, elections must be conducted within six months.
Chairman: The head of the Gram Panchayat is the Sarpanch (or Pradhan). The Sarpanch is directly elected in many states and presides over Panchayat meetings. Offices of Sarpanches are reserved in proportion to SC/ST population and for women, with rotation of reserved posts as prescribed.
Functions of the Sarpanch: The Sarpanch has several responsibilities:
(1) Convening and presiding over Gram Panchayat meetings.
(2) Maintaining Panchayat records.
(3) Overseeing financial and executive administration.
(4) Supervising the work of Panchayat staff.
Quorum: A majority of Panchayat members constitutes the quorum for meetings.
Procedure of taking decision: Decisions are taken by simple majority; the Sarpanch has a casting vote when needed.
Meetings: The Panchayat should hold meetings at least once a month with the Sarpanch presiding.
Powers and Functions of the Village Panchayat.
1. Administrative functions:
(a) Maintain local law and order and assist police where necessary.
(b) Help in prevention of crime and support local policing efforts.
(c) Pass resolutions on matters such as prohibition of liquor sale within its limits by a two-thirds majority.
(d) Monitor performance of village government staff and lodge complaints when officials fail to discharge duties.
2. Public welfare functions:
(a) Maintain sanitation and public health standards.
(b) Provide or support primary health services, dispensaries and immunisation drives; promote maternal and child welfare.
(c) Ensure supply of safe drinking water and maintain local water sources.
(d) Provide street lighting and maintain public infrastructure.
(e) Support primary education, open libraries and reading rooms.
(f) Maintain public places, cremation and burial grounds.
(g) Promote tree planting, animal husbandry and improved agricultural practices.
(h) Encourage cottage industries and local employment opportunities.
(i) Relief and rehabilitation during natural calamities.
(j) Promote social welfare and work for upliftment of disadvantaged groups.
3. Judicial powers. Gram Panchayats may adjudicate minor civil and petty criminal disputes within prescribed limits. They typically hear small claims (for example civil disputes up to a specified monetary value such as ₹200) and may impose nominal fines (for example up to ₹200 or smaller sums in some cases). They cannot impose imprisonment. Legal representation by lawyers is normally not allowed; parties appear before the Panchayat in person. Decisions may be final unless appealed to a competent authority with required sanction.
Sources of income
The Gram Panchayat meets its expenditure from a variety of sources:
1. A share of village revenue as prescribed.
2. House tax and other local taxes.
3. Fees for services and nominal charges for adjudication of disputes.
4. Fines imposed for offences under Panchayat by-laws.
5. Revenue from sale of goods such as fertilisers or fees for use of facilities.
6. Taxes on animals, vehicles, professions, markets and fairs.
7. User charges for water supply, drainage and rest-houses.
8. Licences and permits issued by the Panchayat.
9. Grants-in-aid from state and central governments and other development funds.
10. Miscellaneous receipts such as sale of skins of dead animals, subscriptions and donations.
These multiple sources, together with devolution of functions, are intended to provide Panchayats with resources to meet local needs.

Q. 4. How the Election of Municipalities is held? Explain its functions and sources of Income.
Ans. Municipal Committees or Councils are the principal institutions of urban local government. They are constituted under state Municipal Acts and are usually established in urban areas with population thresholds set by the state (commonly cities with population over 20,000). There are over 1,600 municipal bodies in India.
Composition: The number of elected members is fixed by the state government according to the city's population. Members are elected by adult residents under universal adult franchise. The 74th Amendment provides for reservation of seats for SC/ST in proportion to their population and for reservation of at least one-third of seats for women. State legislators representing constituencies overlapping the municipal area may also be members in some arrangements.
Qualifications: A candidate for municipal office must:
1. Be a citizen of India.
2. Have completed 21 years of age.
3. Not hold an office of profit under the government or the municipality.
4. Be a resident of the municipal area and be on the electoral roll.
Tenure: Before the 74th Amendment, municipal tenures varied between three and five years. Many states now have five-year terms. The state government may supersede a municipal body for valid reasons and appoint an administrator until fresh elections are held.
President: The elected members choose a President (or Mayor in larger urban local bodies) from among themselves. The President can be removed by the Council by a majority vote. Some municipalities also have senior and junior vice-presidents.
Secretary: A Secretary or Executive Officer heads the civic administration and runs day-to-day affairs. Other permanent officers include the municipal engineer, health officer and sanitary inspectors.
Functions of the Municipal Committee: Municipalities perform a wide range of urban services and functions:
1. Sanitation: Street sweeping, drainage, solid waste management, approval of building plans and ensuring hygienic standards.
2. Public health: Maintenance of hospitals and dispensaries, immunisation programmes, maternity and child welfare, prevention of epidemics and control of adulterated food.
3. Roads and bridges: Construction and maintenance of urban roads, bridges and streets.
4. Education: Provision and support for primary education, libraries, adult education and sometimes higher educational institutions.
5. Water and electricity: Provision of potable water supply and street lighting; electricity supply is increasingly managed by state utilities but municipalities may provide local services.
6. Transport: Regulation of local transport, issuing licences for rickshaws and other vehicles, and organising public transport in some cities.
7. Other functions: Provision of cremation grounds, fire services, parks, playgrounds, regulatory approval for building construction, supply of essential commodities and recreational activities.
Sources of income. Municipalities rely on multiple revenue streams:
(a) Octroi: Historically a major source, octroi is a tax on goods entering the city (now largely replaced by other local taxes and state GST provisions in many states).
(b) House tax: Tax on property owners.
(c) Licence fees: Fees for licences for trades, vehicles and commercial activities.
(d) Toll tax: Charges for use of certain bridges or facilities where applicable.
(e) Water and electricity charges: User charges for supply of water and electricity services.
(f) Professional tax: Tax on professions, trades and employment where authorised.
(g) Entertainment tax: Taxes on cinemas, shows and events.
(h) Tax on animals: Levies on ownership of animals where applicable.
(i) Income from property: Rent from municipal buildings and markets.
(j) Grants-in-aid from the state government: Periodic grants and development funds from state and central governments.
Given rising urban needs, municipal finances remain a major challenge. Devolution of adequate functions together with stable and predictable revenue sources is essential for effective urban governance.

Q. 5. Discuss the main provisions of the 73rd and 74th amendments and also assess their significance.
Ans: Both the 73rd and 74th Constitutional Amendments were passed in 1992 and came into force in 1993. They provided a constitutional framework for rural and urban local bodies respectively. The main provisions include:

• Direct election to local governments at different levels.
• Provision for a three-tier structure at the rural level (Gram Panchayat, Panchayat Samiti, Zila Parishad) where applicable.
• Fixed and uniform tenure for local bodies (five years).
• Reservation of not less than 33% of seats for women and reservation for Scheduled Castes and Scheduled Tribes in proportion to their population.
• Constitutional status for local bodies by adding separate parts to the Constitution.
• Establishment of State Election Commissions to conduct local elections.
• Provision for State Finance Commissions to review and recommend measures to improve local finances.
• Devolution and transfer of subjects and functions to local bodies so they can exercise greater powers for local development.

Impact of these amendments

• Constitutional recognition compelled states to revise or enact municipal and Panchayat laws in conformity with the Amendments.
• Regular and timely elections became the norm, strengthening democratic accountability at the local level.
• Reservation provisions have substantially increased representation of women, SCs and STs in local bodies.
• Greater political participation by previously marginalised groups has contributed to social and political empowerment at the grassroots.
• Local bodies have become more functional and visible instruments of decentralisation in governance.
• District and metropolitan planning mechanisms promoted integration of local plans into broader development strategies.
• However, the extent of devolution of functions, finances and functionaries varies widely across states; in many cases effective devolution remains incomplete and local bodies still depend heavily on state transfers.

In sum, the 73rd and 74th Amendments were significant steps in institutionalising local self-government in India. They provided the constitutional framework and institutional mechanisms required for decentralisation, expanded political representation at the grassroots and created avenues for participatory planning. Their full promise depends on effective implementation by states in devolving powers, ensuring adequate finances and building local administrative capacity.