Gram Sabha and Panchayati Raj in India

Introduction

The Gram Sabha is a village-level democratic body that allows people to participate directly in local governance. It plays an important role in reviewing the work of the Gram Panchayat, discussing development plans and promoting accountability.

The 73rd Constitutional Amendment Act, 1992, which came into effect in 1993, gave constitutional recognition to Panchayati Raj institutions in rural India. The Constitution provides for the Gram Sabha and a system of elected Panchayats to promote local self-government.

Meaning and Definition of Gram Sabha

The Gram Sabha is the body consisting of all persons registered in the electoral rolls of a village within the area of a Gram Panchayat.

Article 243(b) of the Constitution defines the Gram Sabha as a body consisting of persons registered in the electoral rolls relating to a village within the area of a Panchayat at the village level.

Unlike the Gram Panchayat, which consists of elected representatives, the Gram Sabha includes the eligible registered voters of the village. It provides a forum for people to participate directly in decisions concerning local development and administration.

Constitutional Basis

The Gram Sabha and Panchayati Raj institutions are recognised under Part IX of the Constitution, which was inserted by the 73rd Constitutional Amendment Act, 1992.

• Article 243A: Provides for the powers and functions of the Gram Sabha, as determined by the State Legislature through law.
• Article 243B: Provides for the constitution of Panchayats at the village, intermediate and district levels, subject to the constitutional exceptions.
• Article 243G: Allows State Legislatures to give Panchayats powers and responsibilities relating to local self-government.
• Article 243H: Allows State Legislatures to provide Panchayats with powers relating to taxes, duties, tolls and fees, as well as grants and funds.

Article 40 of the Constitution, a Directive Principle of State Policy, directs the State to organise village Panchayats and give them the powers necessary to function as units of self-government.

Gram Sabha and Gram Panchayat

The Gram Sabha and Gram Panchayat are closely connected, but they are not the same body.

The Gram Sabha is therefore an important instrument of direct democracy (a system in which people participate directly in public decisions), while the Gram Panchayat is an elected institution of local government.

Powers and Functions of the Gram Sabha

The precise powers and functions of the Gram Sabha depend on the laws made by the relevant State Legislature.

Its functions may include the following:

Review of Panchayat Accounts and Reports

The Gram Sabha may examine the Gram Panchayat's budget, accounts, audit reports and administrative reports, as provided under State law.

This allows residents to understand how public money is used and question the Panchayat about its work.

Discussion of the Village Budget

The Gram Sabha provides a forum to discuss proposed expenditure and development priorities. The exact approval powers of the Gram Sabha depend on the applicable State legislation.

Approval and Review of Development Plans

The Gram Sabha may discuss, approve or recommend village development plans and schemes in accordance with the law.

These plans may concern roads, drinking water, sanitation, education, public health and other local needs.

Identification of Local Needs

Members can raise issues affecting the village and help identify priorities for public works and welfare programmes.

Community Participation

The Gram Sabha can encourage residents to contribute ideas, labour or other resources to community development, where appropriate and permitted by law.

Accountability of Elected Representatives

The Gram Sabha gives residents a forum to question the elected representatives about delays, incomplete works, expenditure and the implementation of public schemes.

Meetings of the Gram Sabha

The frequency, procedure and agenda of Gram Sabha meetings are governed by State law. Some States provide for meetings at specified times during the year to consider budgets, development plans and reports. The requirement of two meetings annually should not be treated as a uniform rule applicable throughout India.

The Three-Tier Panchayati Raj System

The Panchayati Raj system provides for elected local government institutions at different levels of rural administration. Under Article 243B, the Constitution provides for Panchayats at the village, intermediate and district levels. A State with a population not exceeding twenty lakh may choose not to constitute Panchayats at the intermediate level.

Village Level: Gram Panchayat

The Gram Panchayat is the lowest tier of the three-tier Panchayati Raj system. It governs a village or a group of villages, depending on the applicable law and local conditions.

Its members are elected in accordance with State law. The head of the Gram Panchayat is commonly known as the Sarpanch or Pradhan, although the title and method of election may differ between States.

The Gram Panchayat performs local administrative and development functions, such as maintaining public facilities and implementing development schemes entrusted to it by law.

The Panchayat Secretary and other local officials may assist the elected representatives in administration, depending on the State's arrangements.

The Gram Panchayat is distinct from the Gram Sabha, before which it may be required to present its budget, accounts and reports.

Intermediate Level: Panchayat Samiti

The Panchayat Samiti generally operates at the block or intermediate level, between the Gram Panchayat and the Zilla Parishad.

Its exact composition and powers depend on State legislation. It commonly coordinates development activities across several Gram Panchayats and may supervise or support their work.

The Balwantrai Mehta Committee recommended a democratic decentralised system in which an intermediate-level institution would coordinate rural development across a wider area than an individual village could manage effectively.

District Level: Zilla Parishad

The Zilla Parishad operates at the district level and forms the highest tier of the three-tier Panchayati Raj structure.

Its composition, leadership and functions are determined by State law. It generally coordinates and supports development activities across the district and may perform supervisory or planning functions assigned to it.

District-level officials may assist the Zilla Parishad in implementing development programmes, subject to the administrative arrangements established by the State.

Relationship Between the Three Tiers

The three tiers are intended to support rural development at different geographical levels:

• The Gram Panchayat addresses the needs of an individual village or group of villages.
• The Panchayat Samiti coordinates activities across the intermediate or block area.
• The Zilla Parishad coordinates development activities at the district level.

The exact distribution of functions between these bodies varies according to State legislation.

Powers, Authority and Responsibilities of Panchayats

Article 243G empowers State Legislatures to provide Panchayats with the powers and authority necessary to function as institutions of self-government.

Subject to State law, these powers may include:

Preparation of Development Plans

Panchayats may be entrusted with preparing plans for economic development and social justice. These plans can address local infrastructure, public services and the welfare of disadvantaged groups.

Implementation of Development Schemes

Panchayats may be given responsibility for implementing schemes relating to economic development and social justice.

Functions Relating to the Eleventh Schedule

The Eleventh Schedule of the Constitution lists 29 subjects that may be assigned to Panchayats by State law.

Examples include:

• Agriculture and agricultural extension.
• Land improvement and soil conservation.
• Minor irrigation and water management.
• Animal husbandry, dairying and poultry.
• Fisheries.
• Rural housing.
• Drinking water.
• Roads, bridges and communications.
• Education, including primary and secondary education.
• Health and sanitation.
• Family welfare.
• Women and child development.
• Social welfare and the welfare of weaker sections.
• Public distribution systems.
• Maintenance of community assets.

The Eleventh Schedule identifies subjects that may be entrusted to Panchayats. It does not automatically transfer every listed function or exclusive legislative power to them. The actual powers and responsibilities depend on the laws and arrangements made by the State.

Obligatory and Discretionary Functions of Panchayats

The specific duties of a Panchayat depend on the applicable State legislation. Traditionally, these duties are often explained under two broad categories.

Obligatory Functions

Obligatory functions are duties that a Panchayat is legally required to perform under the relevant law.

Depending on State law, these may include:

• Construction, repair and maintenance of public roads and other local public facilities.
• Maintenance of public drains and sanitation facilities.
• Cleaning of streets and improvement of village sanitation.
• Measures to prevent the spread of epidemics.
• Promotion of agriculture and local development programmes.
• Maintenance of public lighting and other basic village services.
• Welfare measures for disadvantaged communities.
• Support for local development and community facilities.

The precise list of obligatory duties varies between States.

Discretionary Functions

Discretionary functions are activities that a Panchayat may undertake when permitted by law and when sufficient funds and other resources are available.

Examples may include:

• Establishing and maintaining village libraries and reading rooms.
• Developing playgrounds and recreational facilities.
• Establishing markets and community facilities.
• Supporting cottage industries and local cooperatives.
• Establishing dispensaries and maternity or child welfare centres.
• Providing veterinary assistance.
• Creating village granaries.
• Organising voluntary labour for community development.

A function should not be assumed to