Issue 63 Vol III, May 15, 2008

L A W  &  J U S T I C E

Panchayati Raj System, a stumbling Lot
Joginder Singh Toor

“Indians must shape their own destiny, that only in the hands of Indians could India become herself” and that “Swaraj would not be the gift of British Parliament, but must spring from the wishes of the people of India as expressed through their freely chosen representatives”. So said Mahatma Gandhi in 1922. These words were repeated in 1946 in the opening session of Indian Constituent Assembly.

Of the alternatives to be India’s governance systems the Constituent Assembly, had before them, for consideration, the Euro American constitutional traditions India had followed during the colonial period or the nation’s rich heritage of indigenous panchayat system to be its indirectly elected pyramid, the system Gandhi proposed. The village according to this school of political thought was to be a unit of social organisation. The Panchayat and cottage industries were to provide government and consumer goods. This was the first plan submitted by Mahatma Gandhi in January, 1946. The 2nd day January,1948, presented on the day of his murder and now called his testament as Austin puts it, being more comprehensive, requiring that ‘Congress’ be disbanded as a political parliamentary vehicle and turned into a social service organization, based on a nationwide network of Panchayats. Each village Panchayat should form a unit and two such Panchayats to form a working party with an elected leader.  Fifty leaders to elect a second grade leader, who could co-ordinate their efforts and would be available for national service. The second leaders could elect a national Chief to regulate and command all groups.

The Congress Party’s Constitution Committee neither accepted Gandhi’s plans because the Congress could not forego its national role nor could it agree to decentralized system of governance. The Gandhian plans were securely shelved. However, on some members’ suggestions and as mark of respect to the mahatma Gandhi, Article 40 was incorporated in Chapter IV of the Constitution relating to “Directive Principles of State Policy” which reads:

“The State shall take steps to organize village Panchayats and endow them with such powers and authority as may be necessary to enable them to function as units of self orgnisation.”

The Panchayati Raj institutions in the composite State of Punjab were set up in 1912 and got legal recognition in 1921 and 1939 with the passing of Punjab Village Panchayat Act. After independence, the State of Punjab passed Punjab Panchayat Act, 1952 which provided mandatory constitution of Panchayats through adult suffrage. It was not an ideal legislation. To correct the move Balwant Rai Mehta Committee was constituted in 1957 on whose recommendation the Panchayat Raj System was re-organised with a new three tier Panchayat System in 1961. The study conducted by various organizations and government committees found that all the States in India were not uniform in the creation of a workable Panchayati System in India. Some of the States had framed laws which were not in conformity with spirit behind Article 40 and Chapter III. Some States had not at all passed any legislation in compliance of directive principles of State policy.

The Parliament had to resort to amend the Constitution and by way of 73rd Amendment Chapter IX was added in the Constitution providing model legislation for all the States to pass legislation in their respective State Assemblies a Panchayati Raj Act strictly in accordance with the model provided. It was made clear in Article 243N that any law already existing, if in consistent with Article 243, and if not amended within one year, shall cease to have effect and Panchayats constituted under such law shall stand dissolved.

The State of Punjab as such, like other States passed Panchayati Raj Act, 1994 with three tier Panchayat System in the modified and re-organised form. As result of 73rd amendment, over 2, 50,000 Panchayats were established in India and about 3-4 million i.e. 34 lakh people have been elected to Panchayats. There being about 6000 intermediate Panchayats and more than 500 district level ‘Zila Parishads’.

In the State of Punjab where 66% population lives in 12238 villages, grouped in about 138 community development blocks and 19 districts has a coveted Panchayat system with initial political aspirants, grouped on political lines. Punjab considered as one of the economically advanced State with 10% growth rate, besides the fact that peasantry is heavy indebted and suicide deaths are no less than Vidarbha region of Maharashtra.

Recent election to Block and District level Panchayats held on May 13, 2008 have witnessed large scale violence including murders and disturbing trends in politics. Not because of economic growth or literacy rate or political consciousness, although almost every third house in a village buys and reads news paper, which are largely circulated in villages. The income of Panchayats from common lands, the grants received, and political patronage from centres of power, with means fair and foul are creating disturbing conditions, tending to aggravation of strained relations, disharmony and anarchic atmosphere in villages.

The Panchayats according to a study by CHRI lack transparency, Right to Information is the first causality. The compliance of legal provisions is lacking. The system needs a fresh look lest the concept of self governance stand defeated.

[Joginder Singh Toor, Advocate, jogindersingh_toor@yahoo.com Mobile 91- 98151-33530]

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