The
Minister of Panchayati Raj Shri V. Kishore Chandra Deo has said that
as per 73rd
Amendment to the Constitution, Part IX of the Constitution mandates (a)
Constitution of Panchayats at Village, Intermediate
and District levels except for States having a population of less than 20 lakhs which may not constitute a Panchayat
at the Intermediate level; (b) Regular elections to the Panchayats
every five years; (c) Reservation of seats and offices of chairpersons for
Scheduled Castes, Scheduled Tribes and women at each level of Panchayats and (d) Constitution of State Finance Commission
and State Election Commission. Similarly as per the 74th Amendment
to the Constitution, Part IX A of the Constitution mandates (a) Constitution of
Municipalities, Ward Committees etc. (b) Regular elections to Municipalities
(c) Reservation of seats and offices of chairpersons for Scheduled Castes,
Scheduled Tribes and women and (d) Constitution of District Planning Committee
at the District level to consolidate the plans prepared by the Panchayats and the Municipalities in the District and to
prepare a draft development plan for the district as a whole. These mandatory
provisions have ensured the existence of democratic local bodies.
Under Articles 243G of Part IX and Article 243W
of Part IX A of the Constitution, State Legislatures are to endow respectively to
the Panchayats and Municipalities with powers and
authority to enable them to function as institutes of self governance. Since
Articles 243G and 243W allow discretion to the States in the matter of
devolution of powers respectively to Panchayats and
Municipalities, States vary in the extent to which they have devolved powers to
the Panchayats and Municipalities to plan, implement
and monitor schemes for economic development and social justice. The present
status of devolution of Functions, Funds and Functionaries (3 Fs) to Panchayats by various States/UTs is given at Annexure.
Within the
Constitutional framework, ‘Local government’ is a State subject and it is up to
the States to pass legislations. Ministry
of Panchayati Raj (MoPR)
and Ministry of Urban Development have continuously urged States/UTs to devolve
powers to the Panchayats and Municipalities
respectively in accordance with the Constitutional stipulation. The Ministry of Panchayati
Raj has no proposal to bring in amendment in legislation in this respect. Replying
to a written question in Rajya Sabha today, he said,
Click
here to see Annexure.
PKM/DB