Prime Minister Narendra Modi launched a unified e-GramSwaraj portal and  mobile app while addressing gram panchayat heads on the occasion of National Panchayati Raj Day.

As the country is observing social distancing through the nationwide lockdown to fight the COVID-19 pandemic, the prime minister interacted with panchayat heads through video conferencing.

The villages in India have given the mantra of ‘Do Gaz Ki Doori’ — to define social distancing in simpler terms — to fight coronavirus pandemic, said PM Modi during interaction.

The portal, e-Gram Swaraj, is a new initiative of Ministry of Panchayati Raj which will provide the Gram Panchayats with a single interface to prepare and implement their Gram Panchayat Development Plan (GPDP).

PM Modi also launched Swamitva Scheme which provides for an integrated property validation solution for rural India. The demarcation of inhabited land in rural areas would be done by the use of latest surveying methods, like drone technology, with the collaborative efforts of the ministry, state panchayati raj department, state revenue department and Survey of India.

National Panchayati Raj Day

April 24, 1993 marks a defining moment in the history of decentralisation of power to the grassroots, with the institutionalisation of Panchayati Raj, through the Constitution (73rd Amendment) Act, 1992 which came into force on that day. Since 2010, Ministry of Panchayati Raj commemorates April 24 as the National Panchayati Raj Day.

Ministry of Panchayati Raj

The mandate of the Ministry of Panchayati Raj (MoPR), which was set up in May, 2004, is to ensure the compliance of the provisions of Part IX of the Constitution, provisions regarding the District Planning Committees as per Article 243ZD, and the Provisions of the Panchayats (Extension to the Scheduled Areas) Act, 1996 (PESA) in the Fifth Schedule Areas.

The ministry’s vision is to attain decentralised and participatory local self-government through panchayats, or Panchayati Raj Institutions (PRIs). 

The ministry’s mission is empowerment, enablement and accountability of PRIs to ensure inclusive development with social justice, and efficient delivery of services.

The ministry works to fulfil its mandate in various ways. Essentially, it plays a strong advocacy role. MoPR fosters knowledge creation and sharing so that the issues to be addressed are clearly articulated, meaningful strategies formulated, and there is sharing within government as well as with non-government agencies and experts. 

It also provides technical assistance and facilities cross-learning across states. 

According to ministry’s statistics in 2019:

Number of PRIs in the country - 260,512

Number of village panchayats - 253,268

Number of intermediate panchayats - 6,614

Number of district panchayats - 630

Number of elected members of PRIs - 31 lakh

Number of elected women representatives - 13.75 lakh

Constitutional provisions regarding Panchayati Raj

Part IX of the Constitution of India provides for setting up of three tiers of

panchayats (only two tiers in case of states or Union Territories having population less than two million): 

(i) Gram Panchayat at village level 

(ii) District Panchayats at district level 

(iii) Intermediate Panchayats at sub-district level in between Gram Panchayats and District Panchayats. 

It also provides for Gram Sabha (general assembly of registered voters who reside in the area of Gram Panchayat) as a forum for direct participation of villagers in local governance. 

Provisions for reservation 

The Constitution of India has fixed five year terms for these panchayats and has made provision for the reservation of seats for women and marginalised sections (Scheduled Castes and Scheduled Tribes) of Indian society. While reservation of Schedule Castes (SCs) & Schedule Tribes (STs) is in proportion to their share in population, that for women is at least 33.33 per cent. However, many Indian states have increased the reservation of seats and chairperson posts for women in panchayats to 50 per cent.

The Constitution of India also stipulates direct elections of all members of panchayats. For conducting these elections, all states are mandated to constitute a State Election Commission. Also it is compulsory for states to constitute a State Finance Commission (SFC) every fifth year for recommending principles for division of financial resources between state and local governments (both urban and rural). 

SFCs are to make recommendations to the governor regarding the distribution between the state and panchayats of the net proceeds of taxes, duties, toll, fees, etc. The determination of taxes, duties tolls and fees which may be assigned to, or appropriated by, the panchayats, and grants-in-aid to the panchayats from the Consolidated Fund to the State, as well as measures needed to improve the financial position of  panchayats.

The role of states

As local government is a state subject, state legislatures have a critical role in determining various aspects of Panchayati Raj in their states. 

The Constitution envisaged that panchayats will function as institutions of local government and prepare plans and implement schemes for economic development and social justice, but leave the precise devolution of powers and authority to panchayats to the states. 

Powers to impose taxes by and provisions of funds to the panchayats are determined by state. Moreover, states play a critical role in building panchayat capacities and in creating an appropriate framework for accountability and transparency as well. 

Areas not covered under Part IX

While Part IX of the Constitution applies to a vast majority of the country, as per Article 243M of the Constitution, some areas are exempted from Part IX. These include the states of Meghalaya, Mizoram and Nagaland, areas covered under the Sixth Schedule, the hill areas of Manipur and the district level panchayats in the hill areas of Darjeeling. Various kinds of grassroots-level local governance structures exist in these areas.

Notified Fifth Schedule Areas (FSA)

Article 243M (1) of the Constitution exempts Scheduled Areas and tribal areas referred to in Clause (1) and (2) of article 244 from application of the provisions of Part IX of the Constitution. 

However, article 243M(4)(b) empowers the Parliament to legislate and extend the provisions of Part IX to Scheduled Areas and tribal areas referred to in clause (1), subject to such exceptions and modifications as may be specified in such law and no such law shall be deemed to be an amendment of the Constitution for the purpose of Article 368. 

Article 244 of the Constitution makes special provisions for the administration of certain areas called “Scheduled Areas” in states other than Assam, Meghalaya, Tripura and Mizoram.  

The Fifth Schedule of the Constitution deals with the administration and control of Scheduled Areas as well as of Scheduled Tribes residing in the areas other than the states of Assam, Meghalaya, Tripura and Mizoram.

“The Provisions of the Panchayat (Extension to the Scheduled Areas) Act, 1996” (PESA), extends Part IX of the Constitution with certain modifications and exceptions, to the Fifth Schedule Areas notified under Article 244(1) of the Constitution. At present, Fifth Schedule Areas exist in 10 states — Andhra Pradesh, Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, Madhya Pradesh, Maharashtra, Odisha, Rajasthan and Telangana. 

Village and Gram Sabha under PESA Act

A village shall ordinarily consist of a habitation or a group of habitations or a hamlet or a group of hamlets comprising a community and managing its affairs in accordance with traditions and customs.

Every village shall have a Gram Sabha consisting of persons whose names are included in the electoral rolls for the Panchayat at the village level.

Importance of PESA

Effective implementation of PESA will not only bring development but will also deepen democracy in Fifth Schedule Areas. 

There are many benefits of PESA. It will enhance people’s participation in decision making. PESA will reduce alienation in tribal areas as they will have better control over the utilisation of public resources.

PESA will reduce poverty and out-migration among tribal populations as they will have control and management of natural resources and will improve their livelihoods and incomes. 

PESA will minimise exploitation of tribal population as they will be able to control and manage money lending, consumption and sale of liquor and also village markets. 

Effective implementation of PESA will check illegal land alienation and also restore unlawfully alienated tribal land. 

And most importantly PESA will promote cultural heritage through preservation of traditions, customs and cultural identity of tribal population.

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