institution of self-governance

wajahat habibullah*

Thursday, August 11, 2005

Established with the advent of the UPA Government the Ministry of Panchayati Raj, beginning with a Conference of Chief Ministers Rural Poverty Alleviation and Prosperity through Panchayati Raj on June 29, 2004, has convened seven Round Tables of Panchayati Raj Ministers of all States and Secretaries concerned with the subject beginning with a Round Table Conference in Kolkata on 24-25TH July, 2004 followed by Mysore, Raipur, Chandigarh, Srinagar, Guwahati and Jaipur, to review the progress of implementation of constitutional provisions, and chart a roadmap for all stakeholders to make self governance a reality for every Indian.

The Constitution (Article 243G) provides for “devolution”, or the empowerment of Panchayati Raj Institutions (PRIs) to function as institutions of self-government for the twin purposes of (i) making plans for economic development and social justice for their respective areas, and ii) implementing programmes of economic development and social justice in such areas, for subjects devolved to the PRIs, as listed in the Eleventh Schedule..

For imparting the necessary dynamism to the concept of public participation in governance so vital to democracy, the key is to ensure that Panchayati Raj Institutions function as institutions of self-government, not as mere implementing agencies for other authorities. It was agreed at the very first Round Table that while devolution must eventually comprise the entire range of subjects provided for in the State legislation in a time-bound manner, States and UTs may prioritize their devolution programme to ensure that for such functions as are prioritized, there is full and effective devolution regarding these functions in empowering PRIs.

The devolution of functionaries to the Panchayati Raj Institutions is proposed to be patterned on the activity mapping of activities related to devolved functions. It was agreed that the officials concerned must be primarily responsible to, and under the discipline of, the elected authority.

“Sound finances” of the Panchayats is a Constitutional obligation enjoined on the States. In pursuance of this Constitutional obligation, the States and the Centre, in the spirit of fiscal federalism, agreed to work together to strengthen the finances of the elected local bodies.

Article 243-A of Part IX of the Constitution provides for the establishment of Gram Sabhas to “exercise such powers and perform such functions at the village level as the Legislature of a State may, by law, provide”. The Gram Sabha is thus the foundation on which the entire structure is built. It was agreed that a strong system of Gram Sabhas is the indispensable foundation of good governance through Panchayati Raj; and therefore accepted as pivotal to the Panchayati Raj structure

Ministers in charge of Panchayati Raj, and their representatives, agreed to recommend to their respective Governments, for joint acceptance by the Centre and the States, a host of points of action:

It was decided that District Planning Committees would be set up in every state in keeping with the provisions of Part IX of the Constitution. District Plans would focus on :

(i) Resource endowment of the area;

(ii) Felt needs of the people ; and

(iii) Relative absorptive capacity.

District Planning Committees have been set up in several States and are in the process of being established in others. These Committees will “consolidate” Plans at all three levels prepared by Municipalities & Panchayats into perspective Five Year and Annual Plans, which are expected to become the anchor of the 11th Five Year Plan

As institutions of local government, Panchayati Raj Institutions are required not only to plan but also to implement such programmes of economic development and social justice as may be “entrusted” to them. It was agreed that what applies to planning applies pari passu to implementation.

Effective implementation requires that the Gram Sabha plays an active role in auditing both the physical and financial performance of the Gram Panchayat’s plans, programmes and projects, as also “entrusted” schemes. This then becomes the principal instrument of social audit

With this framework established in Kolkata and Mysore, the provisions of Panchayats (Extension to the Scheduled Areas) Act, 1996 (PESA) were the subject of special attention at the Round Table in Raipur. The need to consult the tribal communities and their elected representatives in evolving criteria for the constitution of Village Panchayats and Gram Sabhas in Schedule V Areas was emphasised, to ensure that tribal communities, on the basis of ethnic identities, are constituted into different Gram Sabhas even within a Gram Panchayat area, and to implement within a time-bound framework the provisions of PESA on the rights of the Gram Sabhas in Schedule V Areas. It was also agreed to undertake wider consultation with other Government departments, to ensure that provisions of other legislation incompatible with provisions of PESA are harmonized with the aims and objectives of PESA. This is being pursued through the Coordination Committee of the Ministry of Home Affairs. Details for ensuring constructive results from reservations for women and reservations for Scheduled Castes and Scheduled Tribes in the context of PESA received special attention.

In the 4th Round table at Chandigarh (7-8 October 2004) participants agreed to recommend to their respective Governments, the joint acceptance by the Centre and the Union Territories, specific points of action that will strengthen Panchayati Raj in Union Territories and Panchayati Raj Jurisprudence. The 5th Round Table in Srinagar (October 28-29, 2004) discussed administrative matters and progress of Panchayati Raj in each State, allowing for comparisons to be made and lessons to be drawn from each other. The format of a Devolution Index was agreed. It was emphasized that the Devolution Index will be prepared by the States themselves on the basis of self-assessment but would be available for further evaluation and assessment by academic bodies

The 6th Round Table in Guwahati, 27-28 November 2004 dwelt on the subject of elections, the basic presumption underlying which was that the Indian voter is one and indivisible. The principle of parity between parliamentary and assembly elections, on the one hand and panchayat elections, on the other, was therefore to be maintained. It was agreed to recommend that the Union Government consider the preparation of a model code relating to the supervision, direction and conduct of elections to Panchayati Raj Institutions.

Since local bodies are now institutions of local self-government, the Ministry is working in concert with the Comptroller and Auditor General of India (C&AG), upgrading existing auditing bodies and developing an effective system of internal audit. Social audit has been acknowledged to be an important complement to formal audit for the sound and healthy development of Panchayati Raj. Social audit must necessarily be undertaken at the level of the Gram Sabha but might also be undertaken at higher levels of the Panchayati Raj system. Full advantage will be taken of the Right to Information Act 2005, in ensuring transparency.

The 7th and final Round Table in Jaipur on 17-19 December, 2004 focused on establishing Information Technology enabled e-Governance, which was recognized as a vital input of capacity for Panchayats to perform their constitutionally and legislatively mandated functions. The National Informatics Centre (NIC), a government body present in all districts of the country which has already done much software development for Panchayats is the primary software provider. The National Panchayat Portal developed by the NIC for the Ministry of Panchayati Raj is to become the information hub that links up Panchayats, the State Government and the Central Government for sharing of information, experiences and best practices. This will ultimately become a repository of software solutions already developed by several states.

Decisions were also taken on developing and financing hardware, and on ways of providing reliable and uninterrupted power supply to computer systems. Special emphasis is being placed on renewable energy devices and systems economical with energy consumption. The Rajiv Gandhi Grameen Vidyutikaran Yojana seeks to associate Panchayati Raj institutions with the decentralized distribution of power.

Finally, it was agreed that training and communication was a basic requirement of all PRI functionaries and elected representatives, together with those in government required to work with PRIs. The less advantaged and first time entrants into the panchayat system would receive special training, with training for PESA areas so designed as to be in keeping with the cultural traditions and distinct needs of the tribal people.

To impart economic dynamism to the structure of rural self government in our villages, the Confederation of Indian Industry and Ministry of Panchayati Raj have decided to work together to help build linkages between Panchayats and Industry and Business to create rural business hubs through Panchayats in a Public-Private-Panchayat-Partnership. A Rural Business Hubs Council is being set up under the Co-Chairmanship of the Minister Panchayati Raj and the Immediate Past President CII, who is Chairperson, CII Panchayati Raj Council, to oversee this task and review the action taken. Among its members will be luminaries of business and civil society.

Following the Seven Round Tables the emerging system of decentralization to local self government has begun to take flower. In announcing the Scheme of Bharat Nirman in his budget speech of February 28, 2005 Finance Minister Chidambaram said, “Government believes that Bharat Nirman is an achievable project, and it is our intention to give rural India a new deal fully involving the Panchayati Raj Institutions in the planning and implementation”.



*Secretary, Ministry of Panchayati Raj