Panchayati Raj - Questions and Answers

1)   Which of the following are voluntary provisions as per the 73rd Constitutional Amendment Act of 1992?

1) Providing representation to members of the Parliament and State Legislature in the Panchayats.
2) Devolution of powers and responsibilities upon Panchayats.
3) Organization of Gram Sabha.


a. Only 1
b. 1 and 3
c. 1 and 2
d. All of the above
Answer  Explanation 

ANSWER: 1 and 2

Explanation:

  • The Act has several provisions.

  • Some of them are compulsory that means that they need to be included in the state laws related to New Panchayati Raj system.

  • Others are voluntary provisions. Their inclusion is on the discretion of the State government.

  • Voluntary provisions are at the discretion because they let the state take into account various local factors like geography, administration, etc. into consideration while adopting the new system.

  • Thus act translates representative democracy into participatory democracy, helping build democracy at the grassroots of the country.

  • Compulsory Provisions of the Act are -

    1. Organization of Gram Sabha.

    2. Establishment of Panchayats at 3 levels i.e., village, intermediate and district levels.

    3. Direct elections to all seats in Panchayats including at the village, intermediate and district levels.

    4. Post of Chairperson to be elected by indirect elections at the intermediate and district levels.

    5. Minimum age for contesting elections to Panchayats will be 21 years.

    6. Reservation of seats for SCs and STs in Panchayats - village, intermediate and district levels.

    7. Reservation of 1/3rd seats for women in Panchayats - village, intermediate and district levels.

    8. 5 years fixed tenure for Panchayats - village, intermediate and district levels.

    9. Holding fresh elections within 6 months in the event of super-session of any panchayat.

    10. State Election Commission establishment for conducting elections to the Panchayats.

    11. State Finance Commission constitution after every 5 years to review financial position of the Panchayats.

    Voluntary Provisions of the Act are -

  • Providing representation to members of the Parliament and state legislature in the Panchayats (at different levels) falling within their respective constituencies.

  • Having reservation of seats (of members and chairpersons) for backward classes in Panchayats at any or all 3 levels.

  • Granting powers and authority to the Panchayats to enable them to function as institutions of self-government (in short, making them autonomous bodies).

  • Devolution of powers and responsibilities upon Panchayats.

  • To prepare plans for economic development and social justice.

  • Perform some or all of the 29 functions listed in the 11th Schedule of the Constitution.

  • Giving financial powers to the Panchayats, like authorizing them to levy, collect and appropriate taxes, fess duties and tolls.


2)   Which of the following are functional items in the Eleventh Schedule of the Constitution?

1) Conventional energy.
2) Public distribution system.
3) Small-scale industries.
4) Mining.
5) Fisheries.


a. 1, 3, 4
b. 1, 2, 4, 5
c. 2, 3, 5
d. 1, 2, 5
Answer  Explanation 

ANSWER: 2, 3, 5

Explanation:

  • Eleventh Schedule contains 29 functional items which are placed under the ambit of Panchayats.

  • They are -

    1. Agriculture, including agricultural extension.

    2. Land improvement, implementation of land reforms, land consolidation and soil conservation.

    3. Minor irrigation, water management and watershed development.

    4. Animal husbandry, dairying and poultry.

    5. Fisheries.

    6. Social forestry and farm forestry.

    7. Minor forest produce.

    8. Small-scale industries, including food processing industries.

    9. Khadi, village and cottage industries.

    10. Rural housing.

    11. Drinking water.

    12. Fuel and fodder.

    13. Roads, culverts, bridges, ferries, waterways and other means of communication.

    14. Rural electrification, including distribution of electricity.

    15. Non-conventional energy sources.

    16. Poverty alleviation programme.

    17. Education, including primary and secondary schools.

    18. Technical training and vocational education.

    19. Adult and non-formal education.

    20. Libraries.

    21. Cultural activities.

    22. Markets and fairs.

    23. Health and sanitation including hospitals, primary health centres and dispensaries.

    24. Family welfare.

    25. Women and child development.

    26. Social welfare, including welfare of the handicapped and mentally retarded.

    27. Welfare of the weaker sections, and in particular, of the scheduled castes and the scheduled tribes.

    28. Public distribution system.

    29. Maintenance of community assets.


3)   Which of the following is/are true?

1) The composition of the state finance commission may be provided by the state government.
2) Article 280 deals with State finance Commission.


a. Only 1
b. Only 2
c. Both 1 and 2
d. None of the above
Answer  Explanation 

ANSWER: Only 1

Explanation:

    Provisions related to Finances in 73rd Constitutional Amendment Act of 1992 -

    Article 243 H - The state legislature may -

    1. authorise a panchayat to levy, collect and appropriate taxes, duties, tolls and fees;

    2. assign to a panchayat taxes, duties, tolls and fees levied and collected by the state government;

    3. provide for making grants-in-aid to the Panchayats from the consolidated fund of the state; and

    4. provide for constitution of funds for crediting all moneys received by or on behalf of the Panchayats.

    Constitution of the Finance Commission -

  • Article 243 I - The governor of a state shall constitute a finance commission to review the financial position of the Panchayats.

  • The commission will be constituted every five years.

  • Recommendations to the Governor by the commission would be as to -

    a) the principles which should govern -

    1. the distribution between the State and the Panchayats of the net proceeds of the taxes, duties, tolls and fees leviable by the State, which may be divided between them under this Part and the allocation between the Panchayats at all levels of their respective shares of such proceeds;

    2. the determination of the taxes, duties, tolls and fees which may be assigned to, or appropriated by, the Panchayats;

    3. the grantsin-aid to the Panchayats from the Consolidated Fund of the State; and

    b) the measures needed to improve the financial position of the Panchayats;

    c) any other matter referred to the Finance Commission by the Governor in the interests of sound finance of the Panchayats.

  • The composition of the commission, the required qualifications of its members and the manner of their selection may be provided by the State Legislature.

  • Report including recommendations of the commission and action taken shall be placed before the State Legislature by the Governor.

  • The Central Finance Commission will also suggest measures needed to augment the consolidated fund of a state so as to supplement the resources of the Panchayats in the states.

  • This would be based on the recommendations made by the finance commission of the state.


4)   Which of the following is/are true regarding Panchayati Raj system?

1) The act won’t apply to Darjeeling district of West Bengal.
2) Allotment of seats in constituencies for Panchayat elections cannot be questioned in any court of law.


a. Only 1
b. Only 2
c. Both 1 and 2
d. None of the above
Answer  Explanation 

ANSWER: Both 1 and 2

Explanation:

    Audit of Accounts -

  • Article 243 J - The Legislature of a State may, by law, make provisions with respect to the maintenance of accounts by the Panchayats and the auditing of such accounts.

  • Application to Union Territories -

  • Article 243 L - The president of India may specify exceptions and modifications while applying the provisions of this act to any union territory subject.

  • Exempted States and Areas -

  • Article 243 M - States of Jammu and Kashmir, Nagaland, Meghalaya and Mizoram and certain other areas are exempted from application of this act.

  • The act won’t apply to the scheduled areas and the tribal areas in the states.

  • The act also won’t apply to the hill area of Manipur for which a district council exists and Darjeeling district of West Bengal for which Darjeeling Gorkha Hill Council exists.

  • But, the Parliament may extend the provisions of this Part to the scheduled areas subject to such exceptions and modifications as it may specify.

  • Under this provision, the Parliament has enacted the ‘Provisions of the Panchayats (Extension to the Scheduled Areas) Act’, 1996 (PESA).

  • Continuance of Existing Laws and Panchayats -

  • Article 243 N - All the state laws relating to Panchayats shall continue to be in force for one year from the commencement of this act.

  • Thus the states have to adopt the new panchayati raj system based on this act within a maximum period of one year from 24 April, 1993 (date of the commencement of this act).

  • But, all the existing Panchayats shall continue till the expiry of their term, unless dissolved by the state legislature sooner.

  • Bar to Interference by Courts in Electoral Matters -

  • Article 243 O - The validity of any law relating to the delimitation of constituencies or the allotment of seats to such constituencies, made or purporting to be made under article 243 K, shall not be called in question in any court.

  • No election to any Panchayat shall be called in question except by an election petition presented to such authority and in such manner as is provided for by or under any law made by the Legislature of a State.


5)   Election to constitute a Panchayat should be completed before -

a. Expiration of 6 months from date of its dissolution
b. Expiration of 3 months from date of its dissolution
c. Expiration of 1 year from date of its dissolution
d. Expiration of 2 months from date of its dissolution
Answer  Explanation 

ANSWER: Expiration of 6 months from date of its dissolution

Explanation:

    Duration of Panchayat -

  • Article 243 E - Every Panchayat, unless sooner dissolved, shall continue for five years from the date appointed for its first meeting and no longer.

  • An election to constitute a Panchayat shall be completed -

    1. before the expiry of its duration;

    2. before the expiration of a period of six months from the date of its dissolution.

  • If the remainder of the period for which the dissolved Panchayat would have continued is less than six months, it shall not be necessary to hold any election under this clause for constituting the Panchayat for such period.

  • Disqualifications -

    Article 243 F - A person shall be disqualified for being chosen as and for being a member of Panchayat -

    1. if he is so disqualified under any law for the time being in force for the purpose of elections to the legislature of the state concerned; or

    2. if he is so disqualified under any law made by the state legislature.

  • But, if a person has attained 21 years of age, the person shall not be disqualified on the ground that he is less than 25 years of age.

  • Questions of disqualifications shall be referred to such authority as the state legislature determines.

  • State Election Commission -

  • Article 243 K - State election commission will be vested with the superintendence, direction and control of the preparation of electoral rolls and the conduct of all elections to the Panchayats.

  • It consists of a State Election Commissioner.

  • He is to be appointed by the Governor and his conditions of service and tenure of office shall also be determined by the Governor.

  • He shall not be removed from the office except in the manner and on the grounds prescribed for the removal of a judge of the State High Court.

  • His conditions of service shall not be varied to his disadvantage after his appointment.

  • The state legislature may make provision with respect to all matters relating to elections to the Panchayats.

  • Powers and Functions -

  • Article 243 G - The state legislature may endow the Panchayats with such powers and authority as may be necessary to enable them to function as institutions of self-government.

  • Such a scheme/law may contain provisions for the devolution of powers and responsibilities upon Panchayats at the appropriate level, subject to specified conditions with respect to -

    1. the preparation of plans for economic development and social justice;

    2. the implementation of schemes for economic development and social justice as may be entrusted to them, including those in relation to the 29 matters listed in the Eleventh Schedule.


6)   Which of the following is/are true regarding Balwant Rai Mehta Committee?

1) Recommended establishment of a three-tier Panchayati Raj system.
2) There should be direct elections for Panchayat Samiti.
3) Establishment of scheme of democratic decentralization.
4) District collector should be the chairman of the zila parishad.


a. 1, 2, 3
b. 1, 3, 4
c. 2, 3, 4
d. 1, 2, 4
Answer  Explanation 

ANSWER: 1, 3, 4

Explanation:

  • Panchayati Raj has been entrusted with rural development.

  • It is a State Subject.

  • 73rd Constitutional Amendment Act of 1992 constitutionalized it.

  • Rajasthan was the first state to establish Panchayati Raj.

  • It was established in 1959 in Nagaur district.

  • Next was Andhra Pradesh, which also adopted the system in 1959.

  • After that most of the states adopted it.

  • There were differences from one state to another with regard to the number of tiers, their tenure, composition, functions etc.

  • Rajasthan adopted the three-tier system but Tamil Nadu adopted the two-tier system.

  • West Bengal adopted the four-tier system.

  • In Rajasthan-Andhra Pradesh pattern, panchayat samiti was powerful as the block was taken as unit of planning and development.

  • In Maharashtra-Gujarat pattern, zila parishad was powerful as the district was taken as unit of planning and development.

  • Some states also established nyaya panchayats, (judicial panchayats) to try petty civil and criminal cases.

  • Recommendations of the Balwantrai Committee -

  • In January 1957, the Government of India appointed a committee under chairmanship of Balwant Rai G. Mehta to examine the working of the Community Development Programme (1952) and the National Extension Service (1953).

  • It was to suggest measures for better working of the programs.

  • While submitting its report in November 1957, it recommended the establishment of the scheme of ‘democratic decentralization’.

  • This finally came to be known as Panchayati Raj. It recommended -

    a) Establishment of a 3-tier Panchayati Raj system - gram panchayat at the village level, panchayat samiti at the block level and zila parishad at the district level.

    b) Linking these tiers should be organic i.e. through indirect elections.

    c) The village panchayat should be constituted by directly elected representatives.

    d) The panchayat samiti and zila parishad should be constituted by indirectly elected members.

    e) All planning and development activities should be entrusted to these bodies.

    f) Panchayat samiti should be the executive body.

    g) Zila parishad should be the advisory, coordinating and supervisory body.

    h) District collector should be the chairman of the zila parishad.

    i) There should be a genuine transfer of power and responsibility to these democratic bodies.

    j) Adequate resources should be transferred to these bodies to enable them to discharge their functions and fulfill their responsibilities.

    k) A system should be evolved to effect further devolution of authority in future.

  • National Development Council accepted these recommendations in January 1958.

  • But the council didn’t insist on a single rigid pattern and left it to the discretion of the states to form their own patterns suitable to local conditions.

  • But the basic principles were to be identical throughout the country.


7)   Which of the following are recommendations of the Ashok Mehta Committee?

1) The Panchayati Raj institutions should have compulsory powers of taxation so as to mobilize their own financial resources.
2) Recommended three-tier system of Panchayati Raj.
3) Zila parishad should be made responsible for planning at the district level.
4) A district should be the first point for decentralization under popular supervision below the state level.


a. 2, 3, 4
b. 1, 3, 4
c. 1, 2
d. All of the above
Answer  Explanation 

ANSWER: 1, 3, 4

Explanation:

    Recommendations of the Ashok Mehta Committee -
    li>Janata Government in Dec 1977 appointed a committee on Panchayati Raj institutions under the chairmanship of Ashok Mehta.

  • In its report submitted in August 1978, it made 132 recommendations to revive and strengthen the declining Panchayati Raj system in the country.

  • Some of its recommendations were -

    a) 3-tier system of Panchayati Raj should be replaced by the 2-tier system.

    b) That would include zila parishad at the district level, and mandal panchayat consisting of a group of villages having a total population of 15,000 to 20,000.

    c) A district should be the first point for decentralization under popular supervision below the state level.

    d) Zila parishad should be the executive body.

    e) It should be made responsible for planning at the district level.

    f) Political parties should officially participate at all levels of Panchayat elections.

    g) Panchayati Raj institutions should have compulsory powers of taxation so as to mobilize their own financial resources.

    h) Regular social audit by a district level agency and by a committee of legislators to check proper use of funds allotted for the vulnerable social and economic groups.

    i) The state government should not supersede the Panchayati Raj institutions.

    j) In case of super session, elections should be held within six months from the date of super session.

    k) Nyayan panchayats should be separate bodies from that of development Panchayats.

    l) Nyaya panchayats should be presided over by a qualified judge.

    m) Organizing and conducting the Panchayati Raj elections would be by the Chief Electoral Officer of a state in consultation with the chief election commissioner.

    n) Development functions should be transferred to the zila parishad.

    o) All development staff should work under ZP’s control and supervision.

    p) The voluntary agencies should play an important role in mobilizing the support of the people or Panchayati Raj.

    q) To look after the affairs of the Panchayati Raj institutions, a minister for Panchayati Raj should be appointed in the state council of ministers.

    r) Seats for SCs and STs should be reserved on the basis of their population.

    s) Constitutional recognition to the Panchayati Raj institutions - This would give them the required status and a guarantee of continuous functioning.

  • Due to the collapse of the Janata Government no action could be taken on these recommendations.

  • But, 3 states of Karnataka, West Bengal and Andhra Pradesh took steps to revitalize the Panchayati raj, considering some of the recommendations of the Ashok Mehta Committee.


8)   Which of the following are correct regarding G. V. K. Rao Committee?

1) G. V. K. Rao Committee was appointed by the Planning Commission in 1985.
2) Zila Parishad should be of prime importance in plan of democratic decentralization.
3) A post of District Development Commissioner must be created.


a. 1, 2
b. 2, 3
c. 1, 2
d. All of the above
Answer  Explanation 

ANSWER: All of the above

Explanation:

    Recommendations of the G. V. K. Rao Committee -

  • Planning commission in 1985 appointed The Committee on Administrative Arrangement for Rural Development and Poverty Alleviation Programmes under the chairmanship of G. V. K. Rao.

  • The Committee came to conclusion that bureaucratization of development administration opposed to the democratization has weakened the Panchayati Raj institutions.

  • This has resulted in what is aptly called as ‘grass without roots’.

  • The recommendations to strengthen and revitalize the Panchayati Raj system made were -

    1. The district level body, Zila Parishad, should be primary in the plan of democratic decentralization.

    2. It stated that “the district is the proper unit for planning and development and the Zila Parishad should become the principal body for management of all development programs which can be handled at that level.”

    3. The Panchayati Raj institutions at the district and lower levels must be assigned an important role with respect to planning, implementation and monitoring of rural development programs.

    4. For effective decentralized district planning, some of the planning functions at the state level should be transferred to the district level planning units.

    5. District Development Commissioner post must be created.

    6. He would be the chief executive officer of the Zila Parishad.

    7. He should be in charge of all development departments at the district level.

    8. Regular elections to the Panchayati Raj institutions.

  • Thus, the committee assigned a primary role to the Panchayati Raj in local planning and development.

  • It is in this respect that the recommendations of the G. V. K. Rao Committee Report (1986) were different from those of the Dantwala Committee Report on Block-Level Planning (1978) and the Hanumantha Rao Committee Report on District Planning (1984).

  • Both the committees suggested that the basic decentralised planning function should be done at the district level.

  • The Hanumantha Rao Committee advocated separate district planning bodies under either the District Collector or a minister.

  • The Collector played a significant role in the decentralised planning in both the models.

  • The Hanumantha Rao committee recommended that the Collector should be the coordinator, at the district level, of all developmental and planning activities.

  • Thus the, Hanumantha Rao Committee differed in this respect from those of Balwant Rai Mehta Committee, the Administrative Reforms Commission of India, the Ashok Mehta Committee and the G. V. K. Rao Committee.

  • G. V. K. Rao Committee recommended reduction in the developmental role of the District Collector.

  • It assigned a major role to the Panchayati Raj in developmental administration.


9)   Which of the following are the recommendation/recommendations of the L. M. Singhvi Committee?

1) Nyaya Panchayats should be created for a cluster of villages.
2) Constitutional recognition for Panchayati Raj institutions.
3) More financial resources for village Panchayats.


a. 2, 3
b. 1, 3
c. 1, 2
d. All of the above
Answer  Explanation 

ANSWER: All of the above

Explanation:

    Recommendations of L. M. Singhvi Committee -

  • Rajiv Gandhi government in 1986 appointed a committee on ‘Revitalisation of Panchayati Raj Institutions for Democracy and Development’.

  • It was under the chairmanship of L. M. Singhvi.

  • Its recommendations were -

    1. Constitutional recognition to the Panchayati Raj institutions.

    2. For it, a new chapter should be added in the Constitution of India.

    3. Thus their identity and integrity will be reasonably and substantially inviolate.

    4. Constitutional provisions to ensure regular, free and fair elections to the Panchayati Raj bodies.

    5. Nyaya Panchayats should be created for a cluster of villages.

    6. Reorganize villages to make Gram Panchayats more viable.

    7. Emphasized importance of the Gram Sabha; called it as the embodiment of direct democracy.

    8. More financial resources for Village Panchayats

    9. Judicial tribunals in each state to adjudicate controversies about election to the Panchayati Raj institutions, their dissolution and other matters related to their functioning.

    Constitutionalisation of Panchayati Raj -

    Attempt by Rajiv Gandhi Government -

    1. To constitutionalise Panchayati Raj institutions, the Rajiv Gandhi Government introduced the 64th Constitutional Amendment Bill in the Lok Sabha in July 1989.

    2. The Lok Sabha passed the bill in August 1989, but Rajya Sabha rejected.

    3. The bill was opposed by the Opposition on the basis that it tried to strengthen centralization in the federal system.

    Attempt by V P Singh Government -

    1. The National Front Government, under the Prime Minister V. P. Singh, in June 1990, held a conference of the state chief ministers to discuss the issues relating to the strengthening of the Panchayati raj bodies.

    2. The conference approved the proposals for the introduction of a new constitutional amendment bill.

    3. A constitutional amendment bill was introduced in the Lok Sabha in September 1990.

    4. But, the fall of the government led to lapse the bill.

    Attempt by Narasimha Rao Government -

    1. The Congress Government, under the prime minister P. V. Narasimha Rao, once again considered constitutionalisation of Panchayati Raj bodies.

    2. It deleted the controversial aspects and introduced a constitutional amendment bill in the Lok Sabha in September, 1991.

    3. This bill finally became the 73rd Constitutional Amendment Act, 1992.

    4. It came into force on 24 April, 1993.


10)   Which of the following statement/statements is/are true regarding 73rd Constitutional Amendment Act, 1992?

1) The act provides for the reservation of seats for scheduled castes and scheduled tribes in every Panchayat in proportion of their population to the total population in the Panchayat area.
2) All the members of Panchayats at the village, intermediate and district levels shall be elected directly by the people.


a. Only 1
b. Only 2
c. Both 1 and 2
d. None of the above
Answer  Explanation 

ANSWER: Both 1 and 2

Explanation:

    Significance of 73rd Constitutional Amendment Act, 1992 -

  • This act added a new Part-9 to the Constitution of India entitled as ‘The Panchayats’.

  • It consists of provisions from Articles 243 to 243 O.

  • The act also added a new Eleventh Schedule to the Constitution.

  • This schedule includes 29 functional items of the Panchayats.

  • 11th Schedule deals with Article 243-G.

  • This amendment has given a practical shape to Article 40 of the Constitution which says that, “The State shall take steps to organise village Panchayats and endow them with such powers and authority as may be necessary to enable them to function as units of self-government.”

  • This article is a Directive Principles of State Policy.

  • This amendment gives a constitutional status to the Panchayati Raj institutions.

  • It has made them justiciable part of the Constitution.

  • The state governments are under constitutional obligation to adopt the new Panchayati Raj system as per the provisions of the act.

  • Thus, now neither formation of Panchayats nor holding of elections at regular intervals depend on the will of the state government.

  • Salient features of the Act -

  • Gram Sabha - Article 243 A.

  • “Gram Sabha” means a body consisting of persons registered in the electoral rolls relating to a village comprised within the area of Panchayat at the village level.

  • It is a village assembly consisting of all the registered voters in the area of a Panchayat.

  • The act provides for a Gram Sabha which is to be foundation of the Panchayati Raj.

  • A Gram Sabha may exercise such powers and perform such functions at the village level as the Legislature of a state may, by law, provide.

  • 3-tier system of Panchayati Raj - Article 243 B.

  • There shall be Panchayats at the village, intermediate and district levels in every state.

  • Thus, there would be uniformity in the structure of Panchayati Raj throughout the country.

  • But, Panchayats at the intermediate level may not be constituted in a State having a population not exceeding twenty lakhs.

  • Election - Article 243 C.

  • All the members of Panchayats at all 3 levels shall be elected directly by the people.

  • The chairperson of Panchayats at intermediate and district levels shall be elected indirectly.

  • This means by and from amongst the elected members thereof.

  • But, the chairperson of a Panchayat at the village level shall be elected in such manner as the State Legislature prescribes.

  • Reservation of seats - Article 243 D.

  • There will be reservation of seats for scheduled castes and scheduled tribes in every Panchayat (all 3 levels) in proportion of their population to the total population in the Panchayat area.

  • The State Legislature shall also provide for the reservation of offices of chairperson in the Panchayat at the village or any other level for the SCs and STs.

  • Not less than one-third of the total number of seats would be reserved for women.

  • This would include the number of seats reserved for women belonging to the SCs and STs.
  • Such seats may be allotted by rotation.

  • Not less than one-third of the total number of offices of chairpersons in the Panchayats at each level shall be reserved for women.

  • The legislature of a state can make any provision for reservation of seats in any Panchayat or offices of chairperson in the Panchayat at any level in favor of backward classes.


11)   Which is/are true regarding PESA Act, 1996?

1) It aims to safeguard and preserve the customs of tribals.
2) It aims to make Gram Sabha nucleus of all activities.
3) It is applicable to nine states with scheduled areas.
4) Only 2 states have enacted legislation compliant with PESA provisions.


a. 1 and 2
b. 1, 2 and 4
c. 2, 3 and 4
d. All of the above
Answer  Explanation 

ANSWER: 1, 2 and 4

Explanation:

    PESA Act of 1996 (EXTENSION ACT) -

  • Panchayats’ provisions of Part 9 of the constitution are not applicable to the Fifth Schedule areas.

  • But, the Parliament may extend these provisions to such areas.

  • Under this, the Parliament enacted the “Provisions of the Panchayats (Extension to the Scheduled Areas) Act”, 1996.

  • It is popularly known as the PESA Act or the Extension Act.

  • At present ten states have Fifth Schedule Areas.

  • They are -

    1. Andhra Pradesh.

    2. Telangana.

    3. Chhattisgarh.

    4. Gujarat.

    5. Himachal Pradesh.

    6. Jharkhand.

    7. Madhya Pradesh.

    8. Maharashtra.

    9. Odisha .

    10. Rajasthan.

  • All the states have enacted required compliant legislations by amending the respective Panchayati Raj Acts.

  • Objectives of the PESA Act -

  • Extend Panchayat provisions of Part 9 of the Constitution to the scheduled areas with certain changes.

  • Give self-rule for bulk of the tribal population.

  • To make Gram Sabha nucleus of all activities thus having village governance with participatory democracy.

  • Have a suitable administrative framework consistent with traditional practices.

  • To safeguard and to preserve the traditions and customs of tribal communities.

  • To empower Panchayats at the appropriate levels with specific powers conducive to tribal requirements.

  • Prevent Panchayats at the higher level from taking over powers and authority of panchayats at the lower level


12)   Which is/are true regarding features of PESA Act, 1996?

1) Gram Sabha shall identify beneficiaries under poverty alleviation programs.
2) The recommendations of the Gram Sabha is mandatory prior to grant of prospecting license for minor minerals.
3) Gram Sabha owns minor forest produce.
4) Every Panchayat at the village level shall be required to obtain from the Gram Sabha a certification of utilisation of funds.


a. 1, 2 and 3
b. 1, 2 and 4
c. 2, 3 and 4
d. All of the above
Answer  Explanation 

ANSWER: All of the above

Explanation:

    Features/provisions) of the PESA Act, 1996 are -

    a) A State legislation on the Panchayats that may be made shall be in consonance with the customary law, social and religious practices and traditional management practices of community resources.

    b) A village shall ordinarily consist of a habitation or a group of habitations or a hamlet or a group of hamlets comprising a community and managing its affairs in accordance with traditions and customs.

    c) Every village shall have a Gram Sabha consisting of persons whose names are included in the electoral rolls for the Panchayat at the village level.

    d) Every Gram Sabha shall be competent to safeguard and preserve the traditions and customs of the people, their cultural identity, community resources and the customary mode of dispute resolution.

    e) Every Gram Sabha shall -

    1. approve of the plans, programmes and projects for social and economic development before such plans, programmes and projects are taken up for implementation by the Panchayat at the village level;

    2. be responsible for the identification or selection of persons as beneficiaries under the poverty alleviation and other programmes;

    f) Every Panchayat at the village level shall be required to obtain from the Gram Sabha a certification of utilisation of funds by that Panchayat for the plans, programmes and projects referred to in clause(e).

    g) The reservation of seats in the Scheduled Areas at every Panchayat shall be in proportion to the population of the communities in that Panchayat for whom reservation is sought to be given under Part IX of the Constitution; Provided that the reservation for the Scheduled Tribes shall not be less than one-half of the total number of seats; Provided further that all seats of Chairpersons of Panchayats at all levels shall be reserved for the Scheduled Tribes.

    h) The State Government may nominate persons belonging to such Scheduled Tribes as have no representation in the Panchayat at the intermediate level or the Panchayat at the district level; Provided that such nomination shall not exceed one-tenth of the total members to be elected in that Panchayat.

    i) The Gram Sabha or the Panchayats at the appropriate level shall be consulted before making the acquisition of land in the Scheduled Areas for development projects and before resettling or rehabilitating persons affected by such projects in the Scheduled Areas; the actual planning and implementation of the projects in the Scheduled Areas shall be coordinated at the State level.

    j) Planning and management of minor water bodies in the Scheduled Areas shall be entrusted to Panchayats at the appropriate level.

    k) The recommendations of the Gram Sabha or the Panchayats at the appropriate level shall be made mandatory prior to grant of prospecting license or mining lease for minor minerals in the Scheduled Areas.

    l) The prior recommendation of the Gram Sabha or the Panchayats at the appropriate level shall be made mandatory for grant of concession for the exploitation of minor minerals by auction.

    m) While endowing Panchayats in the Scheduled Areas with such powers and authority as may be necessary to enable them to function as institutions of self-government, a State Legislature shall ensure that the Panchayats at the appropriate level and the Gram Sabha are endowed specifically with -

    1. the power to enforce prohibition or to regulate or restrict the sale and consumption of any intoxicant;

    2. the ownership of minor forest produce;

    3. the power to prevent alienation of land in the Scheduled Areas and to take appropriate action to restore any unlawfully alienated land of a Scheduled Tribe;

    4. the power to manage village markets by whatever name called;

    5. the power to exercise control over money lending to the Scheduled Tribes;

    6. the power to exercise control over institutions and functionaries in all social sectors;

    7. the power to control over local plans and resources for such plans including tribal sub-plans.

    n) The State Legislations that may endow Panchayats with powers and authority as may be necessary to enable them to function as institutions of self-government, shall contain safeguards to ensure that Panchayats at the higher level do not assume the powers and authority of any Panchayat at the lower level or of the Gram Sabha.

    o) The State Legislature shall endeavour to follow the pattern of the Sixth Schedule to the Constitution while designing the administrative arrangements in the Panchayats at district levels in the Scheduled Areas.

    p) At the expiry of one year from the date on which this Act receives the assent of the President, any provision of any law (relating to Panchayats in the Scheduled Areas) which is inconsistent with the provisions of this Act shall cease to be in force.

    q) But, all the Panchayats existing immediately before such date shall continue till the expiration of their duration unless sooner dissolved by state legislature.


13)   Following are the names of which body?

Anchalic Panchayats, Janpad Panchayats and Anchal Samities.


a. Village Level Panchayat
b. Intermediate Level Panchayat
c. District Level Panchayat
d. Judicial Body (Nyaya Panchayat)
Answer  Explanation 

ANSWER: Intermediate Level Panchayat

Explanation:

  • There are various names to the Panchayat bodies (at all three levels) all over India.

  • All over India there is a 3-tier structure.

  • Few states have some special councils too.
Sr. No.States and UTsName of the Panchayati Raj institutions
1.Andhra Pradesh1. Gram Panchayats
2. Mandal Parishads
3. Zilla Parishads
2.Arunachal Pradesh1. Gram Panchayats
2. Anchal Samities
3. Zilla Parishads
3.Assam1. Goan Panchayats
2. Anchalic Panchayats
3. Zilla Parishads.
4. Autonomous District Councils
4.Bihar1. Village Panchayats
2. Panchayat Samities
3. Zilla Parishads
5.Chhattisgarh1. Gram Panchayats
2. Janpad Panchayats
3. Zilla Panchayats
6.Goa1. Village Panchayats
2. Zilla Panchayats
7.Gujarat1. Village Panchayats
2. Taluka Panchayats
3. District Panchayats
8.Haryana1. Gram Panchayats
2. Panchayat Samities
3. Zilla Parishads
9.Himachal Pradesh1. Gram Panchayats
2. Panchayat Samities
3. Zilla Panchayats
10.Jammu and Kashmir1. Halqa Panchayats
11.Jharkhand1. Gram Panchayats
2. Panchayat Samities
3. Zilla Panchayats
12.Karnataka1. Gram Panchayats
2. Taluka Panchayats
3. Zilla Panchayats
13.Kerala1. Village Panchayats
2. Block Panchayats
3. District Panchayats
14.Madhya Pradesh1. Village Panchayats
2. Block Panchayats
3. District Panchayats
15.Maharashtra1. Village Panchayats
2. Panchayat Samities
3. Zilla Parishads
16.Manipur1. Gram Panchayats
2. Zilla Panchayats
3. Autonomous District Councils
17.Meghalaya1. Autonomous District Councils
18.Mizoram1. Village Councils
19.Nagaland1. Village Councils
20.Odisha1. Gram Panchayats
2. Panchayat Samities
3. Zilla Parishads
21.Punjab1. Gram Panchayats
2. Panchayat Samities
3. Zilla Parishads
22.Rajasthan1. Gram Panchayats
2. Panchayat Samities
3. Zilla Parishads
23.Sikkim1. Gram Panchayats
2. Zilla Panchayats
24.Tamil Nadu1. Village Panchayats
2. Panchayat Unions
3. District Panchayats
25.Tripura1. Gram Panchayats
2. Panchayat Samities
3. Zilla Panchayats
4. Autonomous District Councils
26.Uttar Pradesh 1. Gram Panchayats
2. Kshetra Panchayats
3. Zilla Panchayats
27.Uttarakhand1. Gram Panchayats
2. Intermediate Panchayats
3. District Panchayats
28.West Bengal1. Gram Panchayats
2. Panchayat Samities
3. Zilla Parishads
29.All India1. Gram / Village Panchayats (including Village Councils)
2. Panchayat Samities
3. Zilla Panchayats
4. Autonomous District Councils