Panchayati Raj in Haryana | HPSC Preparation: All subjects - HPSC (Haryana) PDF Download

Historical Background of Haryana's Governance Structure

• Haryana, a comparatively smaller state in India, was formerly a part of Punjab until it gained statehood in November 1966. During the British regime, the rural areas of this region, which later became Haryana, had community-based panchayats called "bhaichara," as well as statutory panchayats and district boards. The district boards were established in 1884, with the Deputy Commissioner serving as the chairman. 
• To introduce democracy into the institution, Panchayati Raj was introduced in Haryana election. The origin of statutory panchayats in the region can be traced back to the Punjab village panchayats during the British Raj. The Village Panchayat Act of 1921 replaced the Act of 1912 but was also unsuccessful in producing the desired results. 
• In 1939, the Government of Punjab enacted the Panchayat Act, which granted wide judicial powers, both civil and criminal, to the panchayats. The government provided financial support to the panchayats by granting government funds equal to judicial fees and fines credited by the panchayats to the government treasury. The government also allowed panchayats to levy taxes, but with prior approval.
• Following independence, the Punjab Gram Panchayat Act of 1952 was passed, which made it mandatory to establish gram panchayats at the village level. This Act was amended in 1960, and when Haryana became a separate state in 1966, the local government institutions in the state had three tiers, namely the gram panchayat, panchayat samiti, and zilla parishad, as per the Punjab Panchayat Samitis and Zilla Parishads Act of 1961. This structure was based on the recommendations of the Balwantrai Mehta study team from 1957 and was kept the same after 1966.

Panchayati Raj in Haryana after Separation

• Haryana was established on November 1, 1966 with a population of 10,36,808 and an area of 44,056 square kilometers.
• According to the 2001 census, the provisional population of Haryana had increased to 21,082,989, with 14,968,850 people living in rural areas and 6,114,129 in urban areas.
• The rural population lived in 6955 villages and relied mostly on agriculture and related activities for their livelihoods.
• The number of literate people has significantly increased in both rural and urban areas of Haryana. The number of literates in rural areas went up from 4,974,926 in 1991 to 8,002,496 in 2001, and the rural literacy rate increased from 49.85% to 63.82% during that period.
• Female literacy also improved from 40.47% to 56.31%, but the sex ratio decreased from 865 to 861 females per thousand males.
• The sex ratio of literate people is 617 females per thousand males.
• The density of population per square kilometer is 477.
• Prior to 1966, the progress of Panchayati Raj in Haryana was gradual since it was part of Punjab.
• After 1966, there was some progress in the state, but it was not significant. Elections were not held regularly, and the state government had control over the supervision of the panchayati raj institutions, which hindered their legitimate autonomy.
• In 1973, the zila parishad was abolished based on the recommendations of the Maru Singh Ad-hoc Committee on Panchayati Raj, 1972. The committee argued that there was unnecessary overlapping of functions between the zila parishad and panchayat samiti, and therefore the former should be abolished, and its functions should be added to those of the latter.
• However, the government did not accept these recommendations and instead accepted the recommendations of another ad-hoc committee, which evaluated the performance of zila parishads and suggested their abolition since they had failed to perform coordinating functions.
• The zila parishads were abolished on July 13, 1973, and Haryana had a two-tier panchayati raj system from 1973 to 1994.
• Between the separation of Haryana and 1993, several acts related to Panchayati Raj were amended multiple times in Punjab.
• The Punjab Gram Panchayat Act, 1952 saw major amendments in Haryana through different acts like Haryana Act No. 19 of 1971, which extended the panchayat term from three to five years.
• The zila parishads were abolished in Haryana through Haryana Act No. 22 of 1973, and their powers were assigned to the deputy commissioners.
• The Haryana Act No. 3 of 1976 stated that the sarpanch could be removed if they failed to conduct two consecutive gram sabha meetings.
• Haryana Act No. 13 of 1987 provided for reservation of seats for backward class members if their population was 2% or more in the gram sabha area.
• Representation of one member of backward classes in the panchayat samiti was provided through Haryana Act No. 14 of 1987.
• It is noteworthy that no sarpanch has actually been removed for failing to conduct gram sabha meetings.

Main Provisions of Haryana Panchayati Raj Act, 1994

• The Haryana Panchayati Raj Act 1994 contains all the essential features of the 73rd Constitutional Amendment Act, making the gram sabha the core of the panchayati raj system.
• The gram sabha provides a direct platform for people's participation, with at least two meetings required annually in May and November.
• The Act sets a quorum of one-tenth of the total voters in a village to convene the gram sabha meetings.
• The Act empowers the gram sabha with various functions and powers to ensure it becomes a truly democratic institution.
• If a sarpanch fails to hold three consecutive gram sabha meetings, their sarpanchship may be automatically terminated from the date of the second meeting.
• The Block Development and Panchayat Officer (BDPO) and the Gram Sachiv attend general meetings of panchayat samiti and gram panchayats, respectively, and can be absent only for valid reasons.
• The Haryana Panchayati Raj Act of 1994 incorporated the key features of the 73rd Constitutional Amendment Act, making the gram sabha the foundation of the panchayati raj system.
• The Act requires at least two gram sabha meetings to be held annually in May and November, and a quorum of one-tenth of the total village voters is needed to convene a meeting.
• The sarpanch must hold three consecutive gram sabha meetings or risk losing their position.
• The gram sabha has been given several powers and functions, such as reviewing financial reports and developmental plans, and creating internal checks and balances to ensure greater community involvement.
• The Block Development and Panchayat Officer and Gram Sachiv attend general meetings, and the Social Education and Panchayat Officer or block extension officer will attend if they are unable to attend.
• The gram sabha aims to build mutual confidence and understanding between members and local bureaucracy, enhance political and administrative awareness, and facilitate direct communication between people and elected leaders.
• To summarize, the Act stipulates the direct election of members to the panchayati raj institutions at all three levels. The gram panchayat members will be elected on a ward basis, while panchayat samiti and zila parishad members will be elected based on territorial constituencies. 
• The Act specifies that the gram panchayat must have a minimum of six and a maximum of twenty members. For panchayat samitis, one member will be elected for every 4,000 people, with the number of elected members ranging from 10 to 30. 
• Similarly, the zila parishad will have 10 to 30 directly elected members, with one member being elected for every 40,000 population. Additionally, the government is responsible for dividing the district into wards so that each ward has the same population throughout the district, ensuring that all territorial constituencies have the same number of voters.
• To summarize, the Haryana Panchayati Raj Act 1994 includes provisions for direct elections of members to the panchayati raj institutions at all three levels. 
• The Act specifies the minimum and maximum number of members allowed for each level based on population. 
• Ex-officio membership is granted to MLAs in panchayat samitis, while MPs are excluded. However, both MPs and MLAs are granted ex-officio membership in zila parishads, but without the right to vote in the election and removal of the president. 
• The presence of MPs and MLAs in panchayati raj institutions may affect discussions and lead to factions. 
• Chairpersons of panchayat samitis are made ex-officio members of the zila parishad, while sarpanches of gram panchayats are made ex-officio members of panchayat samitis for one year through rotation and lots.