The Historical Background
Evidence reveals that self-governing village bodies known as "sabhas" existed
during the rig-veda period (1700 bc). these organizations eventually evolved
into panchayats, which are five-person councils.
in India, the concept of local self-government is extremely old. under the later
cholas or the imperial cholas of tanjore, it reached its zenith. under the chola
regime, local governance was structured democratically. every town and village
had a gathering. the "ur" and "sabha" assemblies were the two that existed.
The committees known as the "variams" helped the cities and villages run
It consisted of brahmanas in relation to sabha. the brahmadeya communities were
administered by this assembly. uttaramerur is a reflection of how these
assemblies function. it was the group of farmers in non-brahmadeya communities
known as "velalas" in relation to ur. in addition to having its own tax laws and
regulations, padikkapar is renowned for its local laws..
During The British Rule
Ripon's Resolution Of 1881
The presidency cities of madras, calcutta, and bombay made the early attempts at
municipal government in India. the creation of a corporation comprising european
and Indian members of the city of madras was ordered by the court of
directors in 1687. the corporation, however, did not endure.the governer-general
designated company servants and other british citizens to serve as justices of
the peace and make appointments for the upkeep of calcutta, madras, and bombay's
streets under the terms of the regulating act of 1773.
During the viceroyalty of lord ripon, who is rightfully referred to as the
father of local self-government in India, the next step was taken. a significant
turning point in the development of local self-government in the nation was his
resolution on it. the resolution of 1881 said that the governor-general of India
considered the moment had come to advance the concept of lord mayo's government
after highlighting the positive impact of the resolution of 1870 on local
finances. agreements with the provincial government about finances were said to
not ignore the issue of local bodies' self-revenues.
Resolution Of 1882
Lord Ripon took extra care in this resolution to make it clear that the system
of local self-government should be expanded. would not result in a shift for the
better in terms of municipal administration's effectiveness.
The following concepts were stated in lord ripon's resolution and would go on to
inform and direct municipal governance in India:
Central Provinces Sheme Of Local Government
- The chairman and members of most organizations should be elected non-governmental entities.
- The state should exert indirect rather than direct influence over local organizations.
- In order for these organizations to perform their duties, they must have access to sufficient financial
resources. To achieve this, specific local revenue streams ought to be made available to local organizations,
together with appropriate contributions from the provincial budget.
- Employees of the local government shall be managed administratively by the local entities. The government
employees who are assigned to the local government discussed must be considered as local government employees
and be under the local government's jurisdiction.
- The provincial administration should interpret the 1882 resolution in light of the regional circumstances that
are common in the provinces.
An analysis of local government during this time period must include a
description of the central provinces' local government structure, which was
first developed in 1937 and put into place in a modified form in 1948. D.P.
Mishra, who at the time served as the minister of local self-government, was the
mastermind behind this plan.
This plan was a daring, perhaps revolutionary,
attempt to reform municipal governance in the provinces. the administrative
system's dualities-one district administration and another, local government
with its two distinct bodies, rural government and urban local government-are to
be eliminated in a single motion.
In 1947, following India's independence, the janapada program was put into
place. despite its shortcomings, it played a historical role in the central
provinces' local government's development. the local government committee,
established by madhya pradesh in 1957, made observations in its report, which
was turned in in 1958. as a result, we are able to staff new bodies with
individuals who have previous experience working for local entities. we also
have a group of people who are used to paying taxes, organizing specific welfare
or development projects, and carrying out many other public utility tasks.
instance, it is through their agency that wells are built in each district with
the help of the local community. the employees with such experience, especially
at the block level institutions, might be used to great advantage in the new
configuration of the three-tier structure that we are currently proposing.
Balwanth Rai Mehata Committee
In 1957, the balwant rai mehta committee was established, and its
recommendations included decentralizing the distribution of authority and duties
between divisional and subdivisional levels. the committee's elected chairman
and gujarat's chief minister was balwant rai mehta.
The Following Recommendations Were Made By The Balwant Rai Mehta Committee:
Ashok Mehata Committee
- The administration had to be transferred to the local governing bodies
known as gram panchayat, panchayat samiti, and zila parishad. � democratic
decentralization of power through the establishment of a three-layered
panchayati raj system.
- The report outlined each institution's roles, structures, obligations,
sources of support, and obligations.
- The sc, st, and obcs needed to be properly represented.
in order to research panchayati raj institutions, the janata government
organized the ashok mehta committee in december 1977. as an alternative to the
tyre system suggested by the balwant rai committee, this committee promoted a
two-tier structure for panchayat raj, incorporating zilla parishads at the
district level and mandal panchayats. it produced a report in august 1978 with
132 recommendations for bolstering and revitalizing the nation's failing
panchayati raj structure. let's look at the precise proposals made by the ashok
mehta committee in this article for the expansion of panchayati raj in India.
- A district-level zila parishad and a mandal panchayat made up of a group of villages with a combined population of 15,000 to 20,000 people should replace the current three-tier panchayati raj system.
- A district should be the first stage of decentralization under popular control below the state level.
- The executive body and one in charge of district planning will be the zila parishad.
- Seats must be set aside for SC and ST candidates, and the Panchayati Raj Minister must be appointed at the state level.
- Institutions under the Panchayati Raj must receive constitutional protection. No centrally-level action could be taken on the Ashok Mehta Committee's recommendations since the Janata government fell before the end of its mandate. The Ashok Mehta Committee's recommendations were partially taken into consideration by the three states of Karnataka, West Bengal, and Andhra Pradesh as they made efforts to revive the Panchayati Raj.
G.V.K Rao Committee
In 1985, the planning commission established the g.v.k. rao-led commission to
examine India's existing operational mechanisms for rural growth and poverty
reduction programs. the commission came to the conclusion that panchayati raj
had been disconnected from project development, which had grown more
- To succeed as a problem-solving organization, Panchayat Raj must become more activist and receive the support it needs. Regular elections for bodies are also recommended.
- The municipality should operate as the principal planning and implementation unit for policies and programs.
- It is crucial to encourage volunteer organizations to act in isolated rural areas in every way possible, with informed optimism.
- As a result, the district administration may end up serving as the primary management body for any development projects that can be managed at or close to that level.
- The chairperson of the Zilla Parishad may be actively and directly elected for a tenure that runs concurrently with that of the Zilla Parishad, or even for 12 months each on such a mayoral pattern.
Rajiv Gandhi's administration established the l m Singhvi committee in 1986 to
look into the difficulties panchayati raj institution administrations were
having. a dispersed republic is built on the gram sabha, and pris are now
regarded as autonomous organizations that would enable citizens to participate
in the planning and design process.
The 73rd Constitutional Amendment Act (1992).
- The pris ought to have been acknowledged and protected by the constitution. It is necessary to add a new section to the Indian constitution in order to guarantee the pris' right to free, regular, and representative elections.
- The pris should be in charge of enforcing voluntary and mandatory taxes, according to the Singhvi committee. For the first few years, only the province government may collect payments and manage finances related to pris. This payment shall be made in accordance with the recommendations of the Ministry of Finance committees.
- Gram panchayats ought to be established for a collection of villages under the control of the pris.
- The rural gram sabha should be better designed, and the gram panchayat stands for true democracy. It was important to take gram sabha seriously. The Singhvi advisory board further suggested that in order to address issues relating to voting into Panchayati Raj, constitutional tribunals be constituted in each state.
The Indian constitution now has a new part-ix and eleventh schedule thanks to
the 73rd constitutional amendment act of 1992. the provisions in this section,
named "the panchayats," range from articles 243 to 243 o. the panchayati raj
institutions are given constitutional standing under the act.
Eleventh Schedule (Article 243-G)
- The establishment of a grama sabha in a village or group of villages.
- The creation of panchayats at the district, intermediate, and village levels.
- Direct elections for all village, intermediate, and district-level positions.
- District-level indirect elections for the position of chairperson.
- The age requirement for panchayat elections will be 21 years old.
- Seat reservations in panchayats at all three levels for SC and ST.
- Seats in all three tiers of panchayats are reserved for women at a rate of one-third.
- The creation of a state electoral commission to oversee panchayat elections.
- The establishment of a state finance commission to review panchayat finances every five years.
The constitution's eleventh schedule addresses the authority granted to panchayats. there are 29 different powers.
74th Constitution Amendment Act (1992)
- Agriculture, including extension of agriculture.
- Soil conservation, land reform implementation, land consolidation, and land enhancement.
- Watershed development, minor irrigation, and water management.
- Farming of animals, dairying, and poultry.
- Farm forestry and social forestry.
- Small-scale forest products.
- Small-scale industries, such as those involved in food processing.
- Khadi, rural, and small-scale businesses.
- Housing in rural areas.
- Consumable water.
- Food and fuel.
- Highways, culverts, bridges, ferries, rivers, and other forms of transportation and communication.
- Distribution of power, especially rural electrification.
- Alternative energy sources.
- Initiative to reduce poverty.
- Education, which includes both primary and secondary institutions.
- Vocational instruction and technical training.
- Non-traditional and adult education.
- Cultural pursuits.
- Markets and events.
- Hospitals, basic health centers, and dispensaries all fall within the category of health and sanitation.
- Family welfare.
- Women and the development of children.
- Social welfare, including that of the mentally challenged and those with physical disabilities.
- Welfare of the weaker groups, particularly the scheduled castes and scheduled tribes, is a priority.
- System of widespread distribution.
- Upkeep of local resources.
The system of urban local government, often known as the municipalities, was constitutionalized by the passage of the 74th constitutional amendment act. it
offers a structure for decentralizing obligations and duties to municipal
organizations at various state levels.
This act adds the twelfth schedule and part ixa to the constitution. in articles
243p to 243gz, the municipality is covered.
- The first municipal corporation was established in Madras in 1668, followed by those in Bombay and Calcutta in 1726.
- The 1882 Lord Ripon resolution is referred to as the "Magna Carta" of municipal self-government.
- The term "Father of Local Self-Government" refers to him.
- The Cantonment legislation was approved by the Central Government in 1924, and local self-governance was designated as a provincial subject under the Provincial Autonomy Plan put out by the Government of India Act of 1935.
It contains the following 18 functional items placed within purview of
Famous Cases Related To 73rd And 74th Amendment
- town planning, which includes urban planning.
- making plans for social and economic development.
- land use and building construction are governed.
- bridges and roads.
- fire protection.
- domestic, commercial, and industrial water supply.
- good management, conservation, and public health.
- urban forestry, environmental conservation, and ecological awareness promotion.
- protecting the interests of society's weaker groups, such as the physically and intellectually challenged.
- the assertion of urban poverty.
- upgrades and improvements to slum areas.
- providing urban services and amenities including playgrounds, gardens, and parks.
- the promotion of aesthetic, cultural, and educational ideas.
- burials and burial sites, cremations and cremation sites, and electronic cremations.
- vital records, such as birth and death registration.
- animal cruelty preventive measures and cattle ponds.
- control over tanneries and slaughterhouses.
- public amenities including illumination on the streets, parking spaces, bus stations, and restrooms.
To guru Sudhakar Reddy, And Others. v/s. Government Of Andhra Pradeeh.
Section 31(1)(a) of the Andhra Pradesh co-operative societies act, 1964, was
revised in 1991 to include a proviso. the proviso reads as follows:
Furthermore, the registrar shall propose two female members from among the
female members of the general body of such organizations to the committee of
such a class of societies in the manner that may be stipulated. such nominated
women members shall have the right to vote and otherwise participate in the
proceedings of the committee meetings, notwithstanding anything specified in
The appellants-petitioners opposed the aforementioned proviso before the Andhra
Pradesh high court on the grounds that it was arbitrary and, as a result,
violated article 14 of the Indian constitution. similar arguments were raised
against rules 22(c) and 22-a (3)(a), which were added by the notification of
march 20, 1991. additionally, it was argued before the high court that the total
reservation would exceed 50% if two women were nominated for the committee of
Societies under the newly added proviso, which is against the law established by
this court in M.R. Balaji And Ors. V. State Of Mysore
, 1963(1) suppl. scr
439. the writ petitions were denied by the high court. these special leave
appeals are made in opposition to the high court's ruling.
The state government provided the following justifications for the enactment of
the contested clauses in the reply affidavit it submitted to the high court: the
purpose of this modification is to include more women on the managing committee
of the societies. according to the argument, the national convention on women's
involvement in cooperative movement recommended that women hold one-third of the
seats on the management committees of the organizations.
Despite the fact that
there are female members in the societies, they do not volunteer to run in the
elections-which inevitably involve substantial campaigning based on factional
and political considerations-to the societies. the act has been modified to
allow for the representation of women through nomination in the first instance
in order to encourage women to take an active role in managing society's
affairs. the society is reported to have 826 members in total.
According to the
petitioner, there are only 29 women among the 826 members. there are 11 people
on the society's management committee. the involvement of women in the affairs
of the cooperative societies in andhra pradesh has been negligible, with the
exception of a small number of exclusive societies run by women, such as the
mahila co-operative super bazars.
In order to ensure that the benefits that
accrue to co-operative society members are not affected by the male members to
the exclusion of the women members, it was therefore deemed necessary to appoint
women to the managing committee.
According to the justification that specific provisions for women may be made
under article 15(3) of the Indian constitution, the high court rejected the
appellants' and petitioners' primary argument. the Andhra Pradesh co-operative
societies act, 1964's structure was thoroughly examined by the high court, which
came to the conclusion that the clauses in question were not arbitrary. the high
court also dismissed the argument that reservations above 50% were not allowed.
the high court correctly determined that the balaji case's ruling was limited to
reserves protected by articles 15(4) and 16(4) of the Indian constitution.
The parties' knowledgeable counsel has been heard. we have been guided through
the high court's decision. we don't see any flaws in the high court's
justification or conclusions.
As a result, we reject the appeals without issuing a cost order.
Legal Issues Related With This Acts:
Positive impacts of this acts
- Inequities in the distribution of power and resources as ed unevenly among various states and regions of
- Decentralization has been implemented more successfully in some governments and regions than others, which has resulted in unequal development outcomes.
- Mayors have a ceremonial status, according to the 2nd administrative reform commission, who also highlighted that most states provide mayors of urban local governments essentially a ceremonial position.
- The elected mayor often fills the position of a subordinate to the municipal commissioner, who is appointed by the state government.
- Infrastructure gaps: Many gram panchayats (GPs) share space with schools, anganwadis, and other organizations because they don't own a building of their own.
- Despite having their own structures, some do not have the most basic amenities, including electricity, running water, and toilets.
- Panchayats have internet access, however it is not always available. For any data entry requirements, panchayat representatives must travel to block development offices, which delays the job.
Strengthening local government institutions: by giving local governments in
India more autonomy, resources, and authority, the institutional framework for
local governance needs to be reinforced.
This can be accomplished by amending the laws, rules, and procedures that
restrict the operation of local governments.
Community participation: active public participation in decision-making and the
execution of local development plans is essential to the success of democratic
Public meetings, consultations, and awareness campaigns can all improve
both panchayats and municipalities are encountering this issues�
Lack of awareness:
panchayati raj is ineffectual because of bureaucratic delays,
political interference, economic factors, and sociological influences. these
factors also contribute to the lack of awareness in the execution of panchayati
raj. the village's panch and sarpanch fall short in educating the populace.
Lack of transparency:
due to a lack of transparency in work and operation, the panchayati raj system is ineffective. this presents a problem for the government
because a lack of transparency in the state's administrative system is a source
both men and women in the nation have extremely high illiteracy
rates. women's conditions are worse. this poses a challenge to the nation's
efforts to better implement panchayati raj.
Political meddling in fund distribution & policy development to panchayats: at
all administrative levels of the panchayati raj system, political involvement is
pervasive. it results in a lot of imbalance, consistency issues, job delays, and
the formulation of ineffective policies. using political pressure, money is
given to panchayats, and this pressure also influences policy development,
making it difficult for them to come up with better policies.
In adequate finance allocation : a key problem for panchayati raj is the
insufficient financial allocation for panchayat development. the panchayat
frequently lacks funding, which encourages carelessness, corruption, and delays
in job completion.
corruption at all levels of government: corruption is a significant issue and
cause for concern in India. it affects the panchayati raj system as well as all
other administrative systems. it affects how the panchayati raj system develops.
the administration ought to have launched an initiative to reduce corruption.
In conclusion, local self-government is an essential component of democratic
governance because it gives communities the ability to actively engage in
decisions that have a direct bearing on their daily lives. local governments are
better equipped to recognize and respond to the particular demands and
difficulties of their citizens, which generates a feeling of ownership,
responsibility, and responsiveness. citizens have the chance to influence
policy, distribute resources, and spearhead development projects through local
Additionally, local self-government encourages openness and inclusion, allowing
a variety of viewpoints to be included in the creation and application of laws
that represent a society's complex social fabric. it fosters a culture of
responsible citizenship by raising political understanding and civic
However, sufficient funding, capacity development, and a favorable legal
environment are essential for local self-government to be successful. national
governments must give local governments the resources they need and the
encouragement they need to function effectively in order for decentralization to
reach its full potential.
Local self-government is still an essential tool for promoting sustainable
development, social cohesion, and participatory democracy in a world that is
fast moving and where global concerns collide with local dynamics. in order to
create resilient, adaptable, and empowered communities that contribute to the
general growth of societies and nations, it will be crucial to nurture and
enhance local self-government as we move forward.
- Agrawal, r. (ed.). (2019). local self-government and municipal administration. oxford university press.
- Bapat, a. s. (2016). local self-government in India: decentralization and democracy. routledge.
- blom-hansen, j., & svara, j. h. (eds.). (2016). the challenges of local government size: theoretical
perspectives, international experience, and policy reform. Edward elgar publishing.
- Chaudhry, p. c. (2014). local self-government in India: the urban governance perspective. phi learning pvt.
- Goldsmith, m., & eggers, w. d. (2004). governing by network: the new shape of the public sector. brookings institution press.
- Gupta, p. k. (2019). local government in India: decentralization and democracy. sage publications
- Jain, m. p. (2018). decentralized governance and planning: from localism to local self-government in
cambridge university press.
- Oak, s. n. (2013). local government in India: development dynamics, vol. 2: district planning and panchayati
raj. sage publications India.
- Sharma, d. (2015). local self-government in India: journey of transformation and challenges. concept
- Singh, m. p., & srivastava, v. (2017). decentralisation and local self-government in
- Dunbabin, J. P. D. British Local Government Reform: The
Nineteenth Century and After. The English Historical Review, vol. 92, no. 365, 1977, pp. 777�805.
- Smith, C. Sidney.
"Local Boards in Madras."
Journal of Comparative Legislation and International Law, vol. 21, no. 1, 1939, pp. 141�42.
- Ramulu Ch., Balu, and Dandeboina Ravinder.
"FIVE DECADES OF DECENTRALIZATION PROCESS IN ANDHRA PRADESH."
The Indian Journal of Political Science, vol. 72, no. 3, 2011, pp. 731�46.
- Bharati, Rajendra.
'Cosmopolitanism, Globalization And Local Administration In India.'
The Indian Journal of Political Science, vol. 70, no. 1, 2009, pp. 65�75.
- Mahi Pal. Decentralised Planning and Panchayati Raj: Report of Working Group in Tamil Nadu.
Economic and Political Weekly, vol. 36, no. 12, 2001, pp. 1002�05.