Lok Sabha Question No. 1895 (UNSTARRED), answered on 2015-12-10
Subject: Panchayati Raj Institutions
Ministry: PANCHAYATI RAJ
Asked by: ANIRUDHAN SAMPATH

## GOVERNMENT OF INDIA

## MINISTRY OF PANCHAYATI RAJ LOK SABHA UNSTARRED QUESTION NO. 1895 TO BE ANSWERED ON 10.12.2015

## PANCHAYATI RAJ INSTITUTIONS

1895. DR. A. SAMPATH:

Will the Minister of PANCHAYATI RAJ be pleased to state:

(a) the  total  number  of  States  which  have  implemented  the  constitutional  provisions including the 73rd and 74th Amendments to the Constitution regarding the Panchayati Raj Institutions (PRIs);

(b) whether the State Governments have devolved all the powers/functions of local self governance to the PRIs as per the constitutional provisions;

(c) if so, the details of such States along with name of those States which have not done so along with the reasons therefor; and

(d) the steps taken/being taken by the Government in this regard?

## ANSWER

## MINISTER OF STATE FOR PANCHAYATI RAJ (SHRI NIHAL CHAND)

(a) Panchayat is a State subject as per the Constitution of India.  Mandatory provisions of the  Constitution  relating  to  Panchayats  have  been  generally  complied  by  States.  These provisions include: setting up of three tiers of Panchayats except in States with population below 20 lakhs where two tier of Panchayats may be set up; elections to Panchayats every five  years; reservations in seats and offices for the Scheduled Castes and Scheduled Tribes and  women;  constitution  of  State  Finance  Commissions;  setting  up  of  State  Election Commissions  (SECs)  and  vesting  these  with  the  superintendence,  direction  and  control  of elections  to  the  Panchayats;  and  constitution  of  District  Planning  Committees  (DPCs). Elections to Panchayats as due have not been held in Puducherry.

As per the Constitution States have discretion regarding the powers of Gram Sabhas and Panchayats, direct or indirect election of presidents of Village Panchayats, reservation in favour of backward class of citizens. Accordingly all Part IX States have enacted Panchayati Raj Acts incorporating relevant provisions as to these discretionary powers.

(b) & (c) Under Article 243G of Part IX of the Constitution State Legislatures are to endow the Panchayats with powers and authority to enable them to function as institutions of local self-governance. The Constitution allows discretion to the States in the matter of devolution of powers to Panchayats. States vary significantly in the extent to which they have devolved powers to the Panchayats to plan, implement and monitor schemes for economic development  and  social  justice.  As  per  the  Devolution  Index  Study  conducted  by  an independent  agency  Tata  Institute  of  Social  Sciences  (TISS),  States  of  Kerala,  Sikkim, Karnataka, Maharashtra & West Bengal have devolved most powers to Panchayats.

(d) The  Ministry  of  Panchayati  Raj  (MoPR)  has  continuously  persuaded  the  State Governments  to  devolve  powers  to  the  Panchayats  and  also  provided  assistance  to  the States/UTs for capacity building of Panchayats to enable them to perform devolved functions effectively  and  efficiently.  MoPR  also  recognizes  and  incentivizes  the  States/UTs  for devolution of powers to Panchayats.

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