Panchayati raj of Chhattisgarh | Chhattisgarh State PSC (CGPSC) Preparation: All subjects - CGPSC (Chhattisgarh) PDF Download

Introduction

• Chhattisgarh has an extensive Panchayati Raj system with approximately 9,820 Gram Panchayats at the village level, 146 Janpad Panchayats at the intermediate (block) level, and 16 Zila Panchayats at the district level. Additionally, the Gram Sabha serves as the foundational unit in this Panchayati Raj structure.
• Panchayats have been integral to Indian villages since ancient times. Mahatma Gandhi, the father of the nation, aptly stated in 1946 that Indian independence should begin at the grassroots level, with each village functioning as a republic or Panchayat with its own powers. Gandhiji’s vision was realized with the introduction of the three-tier Panchayati Raj system, designed to ensure active participation of the people in rural governance.

Evolution of Panchayati Raj System

• The Constitution (73rd Amendment) Act of 1992 heralded a new phase in India's federal democratic structure, granting constitutional status to Panchayati Raj Institutions (PRIs).
• Following the enactment of this Act, various states, including Chhattisgarh, formulated their legislation to empower local self-governance.

Key Features of the 73rd Amendment Act

• Introduction of a three-tier Panchayati Raj system for states with populations exceeding 20 lakh, ensuring governance at the village, intermediate, and district levels.
• Mandatory conduct of Panchayat elections every five years to maintain democratic representation and continuity in local governance.
• Reservation of seats within Panchayats for marginalized communities such as Scheduled Castes, Scheduled Tribes, and women, with at least one-third of seats allocated to women.
• Establishment of State Finance Commissions to advise on the financial powers and resources allocated to Panchayats, ensuring financial autonomy and sustainability.
• Formation of District Planning Committees tasked with developing holistic development plans for the entire district, fostering comprehensive and inclusive growth.

Overview of Financial Powers and State Finance Commissions for Panchayati Raj Institutions

As per the Constitution (73rd Amendment) Act, Panchayati Raj Institutions are empowered to function as self-governing bodies with devolved powers and responsibilities.
This includes:

• Preparation of plans for economic development and social justice
• Implementation of schemes for economic development and social justice

Financial Powers of Panchayati Raj Institutions

Under Article 243-G of the Indian Constitution, States/UTs have the authority to grant Panchayats the necessary powers for self-governance and planning for economic development and social justice.
This includes:

• Empowerment of Panchayats to prepare and implement development plans
• State Legislatures empowered to enact laws related to Panchayats
• Authorization for Panchayats to levy and collect certain taxes, duties, tolls, and fees
• Assignment of some taxes and duties collected by the State Government to Panchayats
• Provision for grants-in-aid to Panchayats from the State's Consolidated Fund
• Establishment of funds for Panchayats to manage received money and withdrawals

Constitution of State Finance Commissions

• State Finance Commissions are bodies established under Article 243-I of the Constitution to assess the financial status of Panchayats and provide recommendations to the Governor on crucial matters outlined in Article 243-H.

Eleventh Schedule

The Eleventh Schedule of the Constitution delineates 29 functional domains entrusted to Panchayats, including:

• Agriculture and its extensions
• Land enhancement, reform implementation, and conservation
• Minor irrigation, water resource management, and watershed development
• Animal husbandry, dairying, and poultry
• Fisheries
• Social and farm forestry
• Small-scale industries and food processing
• Khadi, village, and cottage industries
• Rural housing
• Drinking water supply
• Fuel and fodder availability
• Infrastructure like roads, bridges, and waterways
• Rural electrification and alternative energy sources
• Poverty alleviation programs
• Education services including schools, technical training, and adult education
• Libraries, cultural events, markets, and fairs
• Healthcare provisions such as hospitals and primary health centers
• Family welfare initiatives
• Women and child development schemes
• Social welfare, with a focus on the marginalized communities
• Public distribution systems and maintenance of communal assets

PESA/Schedule Area in Chhattisgarh

• Scheduled areas in India are home to tribal populations who traditionally managed their natural resources and governed their social, economic, and political life through ancient customs and practices. However, with modernization, these longstanding institutions of self-governance are at risk of disappearing.
• It is a significant challenge to integrate tribal communities into mainstream development initiatives without eroding their cultural identity and socio-economic framework.
• The Bhuria Committee, established in 1994, was tasked with exploring different aspects of self-rule for tribal communities, studying constitutional requirements, and proposing ways to extend the provisions of the 73rd Amendment Act of 1992 to Scheduled Areas.
• In response to the committee's recommendations, the Parliament expanded the provisions of the 73rd Amendment Act to Scheduled Areas in the then eight states (now nine states) by enacting the Provisions of Panchayats (Extension to the Scheduled Areas) Act in 1996 (PESA).

Devolution of Powers under PESA

The devolution of powers under PESA is a crucial aspect that empowers local governance within Scheduled Areas. It grants autonomy to these regions to manage their affairs in line with their traditional customs while engaging with modern development paradigms.
Here are some key points regarding the devolution of powers under PESA:

• Local Self-Governance: PESA strengthens local self-governance within Scheduled Areas, allowing for decision-making authority to be decentralized to the grassroots level.
• Resource Management: It enables communities to manage and conserve their natural resources sustainably, ensuring that these resources are utilized for the benefit of local populations.
• Cultural Preservation: PESA safeguards the cultural identity of tribal communities by respecting and preserving their customs and practices while integrating them into the development process.
• Empowerment: By devolving powers to local bodies, PESA empowers tribal communities to participate actively in shaping their own development trajectories and addressing local challenges effectively.

Objectives of the PESA Act

• Extend Part IX of the Constitution to scheduled areas with modifications.
• Provide self-rule for tribal populations.
• Establish participatory democracy at the village level with the Gram Sabha as the focal point.
• Create an administrative framework in line with traditional practices.
• Safeguard tribal customs and traditions.
• Empower panchayats with specific tribal-centric powers.
• Prevent higher-level panchayats from interference.

Adoption of PESA by the State of Chhattisgarh

• Mandate for State Governments: State governments were required to amend their respective Panchayat Raj Acts within a year and ensure that no law contradicts the mandate of PESA.
• Chhattisgarh's Independence and Panchayat Raj Legislation: When Chhattisgarh became an independent state in 2000, the Panchayat Raj legislation of Madhya Pradesh became applicable to Chhattisgarh. To accommodate the extension of Panchayats in Scheduled Areas, a new chapter was added to the Chhattisgarh Panchayati Raj Adhiniyam, 1993 (CPRA).
• Incorporation of PESA Provisions: The manner in which PESA provisions were incorporated into CPRA has differed from the letter and spirit of PESA.
• Parallel Provisions in Other State Laws: Other state laws that govern matters related to PESA often contain parallel provisions that do not differentiate between Scheduled Areas and Non-Scheduled Areas.
• Need for Updated PESA Framework: With a national focus on revising approaches to natural resource management in Scheduled Areas, creating an ideal framework for forest and Scheduled Area governance, and the enactment of key legislations like the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, the PESA framework in Chhattisgarh also needs to be updated in line with national and global developments.
• Report Overview: This report provides an analysis of the current status of PESA implementation in Chhattisgarh, along with suggestions and recommendations for the effective devolution of powers on each subject matter of PESA.