Lok Sabha Question No. 394 (UNSTARRED), answered on 2016-11-17
Subject: Non Achievement of PRIS
Ministry: PANCHAYATI RAJ
Asked by: THOKCHOM MEINYA, BALKA SUMAN

## GOVERNMENT OF INDIA MINISTRY OF PANCHAYATI RAJ

## LOK SABHA UNSTARRED QUESTION NO. 394

TO BE ANSWERED ON 17.11.2016

## NON ACHIEVEMENT OF PRIS

## 394. DR. THOKCHOM MEINYA SHRI SUMAN BALKA

Will the Minister of PANCHAYATI RAJ be pleased to state:

- a) whether  Panchayati  Raj  Institutions  have  failed  to  live  up  to  the  expectation  as envisaged by the 73rd Constitution Amendment Act;
- b) if so, the details thereof and reasons therefor;
- c) whether  all  the  States/UTs,  in  compliance  with  the  mandatory  provisions  of  the Constitution (Seventy Third) Amendment Act, 1992 have enacted legislations for establishing/ setting up structures/systems/processes of Panchayati Raj Institutions (PRIs) and if so, the details thereof;
- d) whether  the  sorry  state  of  affairs  in  Panchayat  system  is  also  due  to  State  and bureaucratic indifference;
- e) if  so,  the  details  thereof  and  measures  contemplated  by  the  Union  Government  to rectify and improve the system; and
- f) whether  the  State  Governments  have  the  powers  to  supersede  PRIs  and  if  so,  the details thereof?

## ANSWER

## MINISTER OF STATE IN THE MINISTRY OF PANCHAYATI RAJ (SHRI PARSHOTTAM RUPALA)

(a),(b),(d)  &(e):  After  incorporation  of  Part  IX  in  the  Constitution  by  the    Seventy  Third Constitutional Amendment Act, 1992, the Panchayati Raj system has been institutionalised in the States where  provisions  of  this Part are applicable.  The  Constitution  recognizes 'Panchayats' as 'institutions of self-government'. 'Panchayats' being 'Local Bodies' is a State subject mandated under Part IX and List II (State List) of Seventh Schedule (Article 246) of the  Constitution.    Article  243G  allows  discretion  to  State  Legislatures  to  endow,  the Panchayats with powers and authority to enable them to function as institutions of local selfgovernance. The extent of fulfilment of aspirations of citizens is dependent on the extent to which funds, functions and functionaries are devolved to the local bodies and the extent of their capacitation to fulfil these roles. The States vary significantly in the extent to which they have devolved funds, functions and functionaries to the Panchayats to plan, implement and monitor schemes for economic development and social justice.

The implementation of the provisions of Part IX of the Constitution is reviewed with the  State  Governments  from  time  to  time  through  meetings  and  discussions.  States  are encouraged to devolve  powers  to  Panchayats  for  sustainable  decentralization  and  inclusive development. The annual Devolution Index Report and the State of Panchayati Raj Reports commissioned  by  the  Ministry  of  Panchayati  Raj  (MoPR)  assess  the  periodic  changes  in policy and legislative framework of the State in respect of Panchayati Raj.

(c): Mandatory provisions incorporated in Part IX of the Constitution are given at AnnexeI.    These  mandatory  provisions  have  been  generally  fulfilled  by  all  States  and  Union Territories  (UTs)  where  Part  IX  of  the  Constitution  is  applicable  except  that  elections  to Panchayats  have  not  been  held  in  the  UT  of  Puducherry  since  July  2011  and  delay  in constituting State Finance Commissions by some States.

(f): Yes, Madam. Article 243(E) provides for constitution of a dissolved Panchayat before expiration of six months from the date of such dissolution. Subject to the provisions in Article 243(E), State Governments may make detailed legislations in this regard.

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## Annexe referred to in reply to part (c) of the Lok Sabha Unstarred Question no 394 to be answered on 17.11.2016 regarding 'Non Achievement of PRIs'

## Mandatory Provisions Incorporated in the 73rd Constitutional Amendment Act (CAA), 1992

- (i) Three tiers of Panchayats except in States with population below 20 lakhs.(Article 243-B);
- (ii) Direct  election  to  seats  at  all  three  tiers  of  Panchayats  and  indirect  election  to offices (Article 243C);
- (iii) Indirect  elections  for  chairpersons  of  Block  and  District  Panchayats  (Article 243C);
- (iv) Reservations in seats for the Scheduled Castes and Scheduled Tribes in proportion to their respective population [Article 243 D(1)];
- (v) Reservation of not less than one third seats and offices of chairpersons for women including within SC and ST reservations [Article 243D(3)];
- (vi) Rotation of reserved seats and offices of chairpersons [Article 243I(2)(3) and (4)];
- (vii) Election to Panchayats every five years (Article 243 E);
- (viii) Constitution  of  State  Finance  Commissions  (Article  243I)  every  five  years  to review  the  financial  position  of  Panchayats  and  make  recommendations  to Governor regarding distribution between the State and Panchayats of taxes, duties, tolls,  etc; and
- (ix) Setting up of State Election Commission (SEC) and vesting the superintendence, direction and control of the preparation of electoral rolls for and the conduct of all elections  to the Panchayats in SEC (Article 243K).

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