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Courses upsc indian polity

indian polity

Local Government: PRIs and Municipalities

Study the decentralization of power to the grassroots level via the 73rd and 74th Amendments, evaluating their successes and structural bottlenecks.

Learning Objectives

•Outline the compulsory provisions of the 73rd and 74th Amendments
•Evaluate the challenges faced by local bodies (the 3Fs)
•Analyze the significance and implementation of the PESA Act

Detailed Analysis

Democratic decentralisation was a Gandhian DPSP (Art 40) realized constitutionally via the 73rd (Panchayats) and 74th (Municipalities) Amendment Acts of 1992. These amendments established a uniform three-tier system of local governance, mandated regular 5-year elections via a State Election Commission, and ensured the reservation of seats for SC/STs (proportionate to population) and women (minimum 1/3rd). While structurally sound, UPSC analysis focuses on the functional reality. PRIs suffer from the '3Fs' deficit: lack of Funds, Functions, and Functionaries. States are often reluctant to devolve the subjects listed in the 11th and 12th schedules. Furthermore, phenomena like 'Sarpanch Pati' (husbands ruling by proxy for elected women) undermine the goal of gender empowerment. The PESA Act (1996) is another critical area; it extends Panchayat provisions to Scheduled Areas, ostensibly preserving tribal autonomy over resources like minor forest produce, though its implementation remains weak against mining interests.

UPSC Mains Corner

HIGH YIELD

" 'Despite constitutional status, Panchayati Raj Institutions (PRIs) have structurally failed to act as genuine institutions of local self-government.' Evaluate the reasons for this failure. "

Suggested Approach:

1. Introduction: Briefly mention the 73rd Amendment and its goal of empowering the grassroots. 2. Discuss the 'Funds' problem: Over-reliance on tied grants, very limited internal tax collection. 3. Discuss the 'Functions' problem: Many states have not fully devolved the 29 subjects in the 11th Schedule. 4. Discuss the 'Functionaries' problem: Lack of trained secretarial staff; parallel bodies (like parastatals) bypassing PRIs. 5. Social issues: Proxy representation via 'Sarpanch Pati'. 6. Conclusion: PRIs are currently functioning more as implementing agencies for central/state schemes rather than self-governing bodies.

Prelims Pulse

73rd Amendment Act

Added Part IX and 11th Schedule (29 functional items); constitutionalized Panchayati Raj Institutions.

74th Amendment Act

Added Part IXA and 12th Schedule (18 functional items); constitutionalized Municipalities.

Gram Sabha

The foundational body of the PRI system; comprises all registered voters within a village precinct.

Three-Tier System

Village, Intermediate (Block), and District level. States with <20 lakh population can skip the Intermediate level.

State Election Commission

Appointed by Governor; exclusively responsible for superintending elections to Panchayats and Municipalities.

State Finance Commission

Constitutional body constituted by the Governor every 5 years to review the financial position of local bodies.

Reservation Policy

SC/ST reservation in proportion to population. Minimum 33% reservation for women at all levels (including chairpersons).

PESA Act 1996

Panchayats (Extension to Scheduled Areas) Act; extends Part IX to Fifth Schedule areas, giving immense power to the Gram Sabha over land and forest produce.

Balwant Rai Mehta Committee

First committee (1957) to recommend the 'democratic decentralization' 3-tier model.

Ashok Mehta Committee

Recommended a 2-tier system (Zila Parishad and Mandal Panchayat) in 1978.

Key Concepts

Subsidiarity Principle

The idea that a central authority should perform only those tasks which cannot be performed at a more local level. PRIs embody this principle.

Terminology

Democratic DecentralisationGram SabhaPanchayat SamitiZila ParishadPESAState Finance CommissionState Election CommissionSchedule 11Schedule 12Subsidiarity

Historical Insight

Gram Sabha vs State

In the landmark Niyamgiri case, the Supreme Court upheld the power of the Gram Sabha under PESA/FRA to decide on Vedanta's bauxite mining project in Odisha.

Quick Check

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Which schedule lists the functional items for Municipalities?

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What is the population threshold below which a state can skip the intermediate Panchayat tier?