Local Government

▸ It is the third level of government apart from the State and Central Government. The idea of Panchayati Raj forms a basic tenet of the Gandhian philosophy that envisions village Panchayats as the units of self-government. Panchayati Raj Institutions (PRIs) serve as steering instruments for people's empowerment in so far as they enhance people's capacities to bring tangible progress in their socio-economic life through direct participation in routine administration.
▸ Their role becomes even more substantive in the light of governing diverse and plural societies. Besides being easily accessible, PRIs nurture grassroot leadership, impart political education, build trust and faith in the power structures.
▸ Traditionally, Panchayats have been headed by five elderly wise men whose acumen in administration served a useful purpose in local administration.
▸ The Panchayats earned legitimacy not only by the consent and approval of the village or town residents but also of the central political power reigning the entire territory.
▸ During the colonial period, few notable British authorities like Lord Mayo and Lord Ripon emphasised the role of Panchayats for efficient local administration and did try to delegate certain functions to them. Therefore, Lord Ripon is known as the Father of Local Self-Government.

Decentralised Planning

▸ Decentralised planning involves preparation and execution of social and economic developmental plans at the grassroot levels. Unlike centralised planning, wherein an elite group of technocrats and administrators drafts a blue print plan, decentralised planning involves ordinary residents who may not be experts but nevertheless are conscious of their needs and aspirations.
▸ PRIs acts as driving vehicles for these plans. The rationale behind decentralised planning is that local issues like roads, water management etc are better understood and managed by the local population as they have capability to mobilise resources required efficiently.
▸ People's participation gives them a sense of empowerment. The executive agencies shall be held accountable regularly. As there is little hierarchy of commands, transparency is bound to increase. This may help prevent the occurrence of corruption. Time lags, cost overruns are also reduced.
▸ Ensuring people's participation makes, it a real democratic exercise too.

Evolution of Panchayati Raj Institutions

Balwant Rai Mehta Committee

▸ In 1957, the Government of India appointed a committee to examine the functioning of the Community Development Programme (1952) and the National Extension Service (1953) and to suggest measures for their better performance.
▸ The Committee submitted its report in November, 1957 and recommended a scheme for democratic decentralisation which ultimately came to be known as the 'Panchayati Raj'.
Recommendations
▸ A three-tier Panchayati Raj System which includes Zila Parishad at the district level, Panchayat Samiti at the Block Level and Gram Panchayat at the Village level.
▸ These tiers should be organically linked together through a device of indirect elections.
▸ Members of Panchayats at each level i.e. village, intermediate and district levels are directly elected.
▸ All the planning and developmental activities should be entrusted to these bodies.
▸ The Panchayat Samiti should be the executive body while the Zila Parishad should be the advisory, co-ordinating and supervisory body.
▸ The District Collector should be the Chairman of the Zila Parishad.
▸ There should be a genuine transfer of power and responsibility to these democratic bodies.
▸ Adequate resources should be transferred to these bodies to enable them to discharge their functions and fulfil their responsibilities.
▸ A system should be evolved to effect further devolution of authority in future.
▸ These recommendation were accepted by NDC in January 1958 and the council also left it to states to evolve their own patterns suitable to the local conditions.
▸ Rajasthan was the first state to establish the institution of Panchayati Raj in Nagaur districts on 2nd October, 1959. Rajasthan was followed by Andhra Pradesh.

K Santhanam Committee

▸ One of the prime areas of concern in this long debate on Panchayati Raj institutions was fiscal decentralisation. The K Santhanam Committee was appointed to look solely at the issue of PRI finance, in 1963. The fiscal capacity of PRIs tends to be limited, as rich resources of revenue are pre-empted by higher levels of government and issue is still debated today. The Committee was asked to determine issues related to sanctioning of grants to PRIs by the state government, evolving mutual financial relations between the three tiers of PRIs, gifts and donation, handing over revenue in full or part to PRIs.
Recommendations
▸ Panchayats should have special powers to levy special tax on land revenues and home taxes etc.
▸ All grants and subventions at the state level should be mobilised and sent in a consolidated form to various PRIs.
▸ A Panchayat Raj Finance Corporation should be set-up to look into the financial resource of PRIs at all levels, provide loans and financial assistance to these grassroots level governments and also provide non-financial requirements of villages.

Ashok Mehta Committee

▸ In December 1977, the Janata Government appointed a Committee on Panchayati Raj institutions under the Chairmanship of Ashok Mehta. It submitted its report in August, 1978 and made recommendations to revive and strengthen the declining Panchayati Raj System in the country.
Recommendations
▸ The three-tier system of the Panchayati Raj should be replaced by two-tier system, i.e. the Zila Parishad at the district level and below it, the Mandal Panchayat consisting of a group of villages comprising a population upto 20000.
▸ A district should be the first point for the decentralisation under the popular supervision below the State level.
▸ The Zila Parishad should be the executive body and be made responsible for planning at the district level.
▸ The Panchayati Raj Institutions should have compulsory powers for taxation to mobilise their own financial resources.
▸ There should be a regular social audit by a district level agency and by a committee of legislators to check whether the funds allotted for the vulnerable social and economic groups are actually spent on them.
▸ The state government should not supersede the Panchayati Raj Institutions. In case of imperative super session, election should be held within six months from the time of super session.
▸ The Nyaya Panchayats should be kept as separate bodies from that of development Panchayats. They should be presided over by a qualified Judge.
▸ Development functions should be transferred to the Zila Parishad and all the development staff should work under its control and supervision.
▸ The voluntary agencies should play an important role in mobilising the support of the people for the Panchayati Raj.
▸ A minister for the Panchayati Raj should be appointed in the State Council of Ministers to look after the affairs of the Panchayati Raj institutions.
▸ Seats for the SCs and the STs should be reserved on the basis of their population.
▸ Due to the collapse of the Janata Government before the completion of its term, no action could be taken on the recommendations of the Ashok Mehta Committee at the central level. But the three states Karnataka. West Bengal and Andhra Pradesh took steps to revitalise the Panchayati Raj, keeping in view some of the recommendations of the Ashok Mehta Committee.

LM Singhvi Committee

▸ In 1986, Rajiv Gandhi Government appointed a committee on the 'Revitalisation of the Panchayati Raj Institutions for Democracy and Development' under the Chairmanship of LM Singhvi.
Recommendations
▸ The Panchayati Raj institutions should be constitutionally recognised, protected and preserved. For this purpose, a new chapter should be added in the Constitution of India. It also suggested some constitutional provisions to ensure regular, free and fair elections to the Panchayati Raj bodies.
▸ Nyaya Panchayats should be established for a cluster of villages.
▸ The villages should be organised to make the Gram Panchayats more viable. It also emphasised the importance of the Gram Sabha and called it as the embodiment of direct democracy.
▸ The village Panchayats should have more financial resources.
▸ The Judicial tribunals should be established in each State to eradicate controversies about election to the Panchayati Raj Institutions, their dissolution and other matters related to their functioning.
Constitutionalisation
First time, introduced by Rajeev Gandhi Government in July, 1989, but not passed by Parliament, second time by VP Singh Government in November, 1989, but it lapsed due to the fall of government. Finally
▸ The Narasimha Rao Government introduced the Constitutional Amendment Bill in the Lok Sabha in September 1991.
▸ It was passed by the Lok Sabha on 22nd, December 1992 and by the Rajya Sabha on 23rd, December. Later, it was approved by the 17 State Assemblies and received the assent of the President of India on 20th, April 1993.
▸ Thus, it emerged as the 73rd Constitutional Amendment Act, 1992 and came into force on 24th, April 1993.

73rd Constitutional Amendment Act, 1992

▸ The Act provides for a three-tier system of the Panchayati Raj in the states, i.e. Panchayats at the village, the intermediate and the district level. The Act defines all the terms in the following manner
— Panchayat means an institution (by whatever name called) of Local Self-Government for rural areas.
— Village means, a village specified by the Governor through a public notification to be a village for this purpose and includes a group of villages so specified.
— Intermediate level between the village and the district specified by the Governor through a public notification for this purpose.
▸ The Act brings about uniformity in the structure of the Panchayati Raj throughout the country. A State having population not exceeding 20 lakh may not Constitute Panchayats at the intermediate level.

Salient Features of the Act

▸ This Act correspondences to Part IX of Constitution of India.
▸ The Act has added the Eleventh Schedule to the Constitution of India.
▸ It contains 29 functional items of the Panchayats and deals with Article 243 to 243O.
▸ The Act gives a Constitutional Status to the Panchayati Raj Institutions.
▸ The state governments are under the constitutional obligation to adopt the new Panchayati Raj System in accordance with the provisions of the Act.
▸ Neither the formation of the Panchayats nor the holding of elections at regular intervals depends on the will of the state government.
▸ The provisions of the Act can be grouped into two categories:
— The compulsory provisions of the Act are to be included in the State Laws creating the requisite provision required like timely elections, reservations etc.
— The voluntary provisions on the other hand, may be included at the discretion of the states e.g. devolution of powers, taxes etc.
▸ The Act does not apply to the states of Jammu and Kashmir, Nagaland, Meghalaya and Mizoram and certain other areas. These areas include the scheduled areas and the tribal areas referred to in Article 244 of the Constitution, the hilly areas of Manipur for which a district council exists and Darjeeling district of West Bengal for which Darjeeling Gorkha Hill council exists.
▸ The President of India may direct that the provisions of this Act shall apply to any (Union Territory subject to such exceptions and modification as he/she may specify.

Provisions of the Act

Gram Sabha (Article 243A)
▸ The Act provides for a Gram Sabha as the foundation of the Panchayati Raj System. It is a body consisting of persons registered in the electoral rolls of the village comprised within the area of the Panchayat at the village level.
▸ It is a village assembly consisting of all the registered voters in the area of a Panchayat. It shall exercise such powers and perform such functions at the village level as the State Legislature determines.
Election of the Members and the Chairpersons (Article 243C)
▸ All members of the Panchayats at the Village, the intermediate and the district levels shall be elected directly by the people. The Chairperson of the Panchayats at the intermediate and district levels shall be elected indirectly by and from amongst the elected members thereof. The Chairperson of a Panchayat at the village level shall be elected in such a manner as the State Legislature determines.
Reservation of Seats (Article 243D)
▸ The Act provided for the reservation of seats for the Scheduled Castes and the Scheduled Tribes in every Panchayat (at all the levels) in proportion of their population in the Panchayat area. The State Legislature shall provide for the reservation of offices of the Chairpersons in the Panchayat at the village or any other level for the SCs and the STs.
▸ The Act provides for the reservation of not less than one-third of the total number of seats for women (including the number of seats reserved for women belonging to the SCs and the STs).
▸ The Act authorises the Legislature of a state to make any provision for reservation of seats in any Panchayat or offices of the Chairperson in the Panchayat at any level in favour of the backward classes.
Duration of Panchayats (Article 243E)
▸ The Act provided for a 5 years term of office to the Panchayat at every level. However, it can be dissolved before the completion of its term. Fresh election to constitute a Panchayat shall be completed
— Before the expiry of its term, of 5 years;
— In case of dissolution, before the expiry of a period of 6 months from the date of its dissolution.
Disqualifications (Article 243F)
▸ A person shall be disqualified for being chosen as or for being a member of the Panchayat if he/she is so disqualified
▸ Under any law for the time being in force for the purposes of elections to the Legislature of the state concerned.
▸ Under any law made by the State Legislature.
▸ No person shall be disqualified on the grounds that he is less than 25 years of age, if he/she had attained the age of 21 years. All questions of disqualifications shall be referred to such authority as the State Legislature determined.
Powers and Functions (Article 243G)
▸ 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 may contain provisions for the devolution of powers and responsibilities upon Panchayats at the appropriate level with respect to
— Preparation of plans for economic development and social justice.
— The implementation of schemes for the economic development and social justice as may be entrusted to them, including those in relation to the 29 matters listed in the Eleventh Schedule.
Financial Provisions (Article 243H-243I)
▸ The State Legislature may, by law
— Authorise a Panchayat to levy, collect and appropriate taxes, duties, tolls and fees.
— Assign to a Panchayat taxes, duties, tolls and fees levied and collected by the State Government.
— Provide for making grants-in-aid to the Panchayats from the Consolidated Fund of the State and (provide for Constitution of funds for crediting all the financial requirements of the Panchayats).
State Finance Commission (Article 243I)
▸ The Governor of a state shall, after every 5 years, constitute a Finance Commission to review the financial position of the Panchayats.
▸ It shall make the following recommendations to the Governor:
— The Principles which should govern the distribution between the States and the Panchayats of the net proceeds of taxes, duties, tolls and fees levied by the State.
— The Principles which should govern the determination of taxes, duties, tolls and fees which may be assigned to the Panchayats.
— The Principles which should govern the grants-in-aid to the Panchayats from the Consolidated Fund of State.
— The measures needed to improve the financial position of the Panchayats. Any other matter returned to the Finance Commission by the Governor in the interest of sound finance of the Panchayats.
— Any other matter referred to the Finance Commission by the Governor in the interests of sound finance of the Panchayats.
▸ The State Legislature may provide for the composition of the commission, the required qualifications of its members and the manner of their selection. The Governor shall place the recommendations of the commission alongwith the action taken report before the State Legislature.
▸ The Central Finance Commissioner shall also suggest the measures needed to augment the Consolidated Fund of State to supplement the resources of the Panchayats in the States (on the basis of the recommendations made by the Finance Commission of the State).
Audit of Accounts of the Panchayat (Article 243J)
▸ The State Legislature may make provisions with respect to the maintenance of the accounts by the Panchayats and the auditing of such accounts.
State Election Commission (Article 243K)
▸ The superintendence, direction and control of the preparation of electoral rolls and the conduct of all elections to the Panchayats shall be vested in the State Election Commission.
▸ It consists of a State Election Commissioner, who is to be appointed by the Governor.
▸ His/Her conditions of service and tenure of office shall be determined by the Governor.
▸ He/She 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/Her conditions of service shall not be varied to his disadvantage after his appointment.
▸ This is the largest experiment in decentralisation of governance in the history of humanity.

Problems in the Working of Panchayats

▸ Panchayati Raj in India faces problems at political, economic and social levels. These problems have stood in the way of efficient functioning of the Panchayati Raj Institutions.
At Political and Administration Level
▸ Though, the Constitution provides elections after every 5 years, some of the states have tasted elections after decades and in some elections are yet to take place.
▸ Groupism, caste, class etc play a dominant role in the election and working of the representatives.
▸ Political interference from the State governments and the administrative agencies has become a common phenomenon.
▸ There are absence of clear functional jurisdiction for Panchayats.
▸ There are absence of administrative autonomy to the Panchayats.
▸ There is absence of in-built structural and organisational strength to force the administrators to follow the decision. Use of manpower, money power and muscle power in elections to Panchayati Raj System.
At Social Level
▸ Caste, class, religion and other sectarian interests are playing a dominant role in the working of Panchayati Raj Institutions.
▸ The policy of reservation for weaker section has not been of much use due to ignorance and illiteracy of people and the representatives.
▸ Anti-social and economically powerful people run the institution from backdoor.
At Economic Level
▸ Paucity of funds and resources to the Panchayati Raj Institution.
▸ There are absence of coherence between the responsibilities and resources.
▸ Dependence upon the doles of the state government.
▸ Lack of financial autonomy and power to impose taxes and charges.
▸ Diversion of funds by the state governments, which were earmarked for development of Panchayati Raj institutions.

Proposed Amendments by Ministry of Panchayati Raj

▸ It is proposed to make devolution of power and authority to local bodies mandatory with a suitable formulation.
▸ It is proposed that the Constitution be amended to create elected district councils substituting the District Panchayats which will have representation from both rural and urban areas (excluding metropolitan areas) in proportion to their population.
▸ It is proposed that provisions for Ward Sabhas be made in the Constitution and functions of the Gram Sabha be incorporated in the Constitution.
▸ It is proposed that the provisions that give discretion to the State Governments to make MPs, MLAs and MLCs members of Panchayats be repealed.
▸ It is proposed that seats and offices of Chairpersons be reserved for two continuous terms for a particular category and reservation be only in those territorial areas, Panchayats and District Councils where the population of a particular category is 5% or more.
▸ It is proposed to reconcile the term of the State Finance Commission with that of the Central Finance Commission.
▸ As Article 171(2) of the Constitution empowers Parliament to change the composition of Legislative Councils by law, it is proposed that, a law be framed under Article 171 (2) to provide that two-thirds of the members of the Legislative Councils shall be elected from among the elected members of the local bodies.
The Eleventh Schedule (Article 243G)
It contains the following 29 functional items placed within the purview of Panchayats.
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.

Panchayats (Extension to Scheduled Areas) Act, 1996 (PESA)

▸ When the 73rd Amendment Act, 1992 was passed, it was not made to apply to Schedule Five and Six Areas. The PESA Act, 1996 was enacted on the basis of the report of the Bhuria Committee and came into operation on 24th December, 1996.
▸ This Act extends Panchayats to the tribal areas of 9 States, namely Andhra Pradesh, Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, Maharashtra, Madhya Pradesh, Odisha and Rajasthan, which intends to enable tribal society to assume control over their own destiny to preserve and conserve their traditional rights over natural resources.
▸ All the state governments have enacted their state legislations in pursuance with the PESA Act, 1996. The Act gives radical governance powers to the tribal community and recognises its traditional community rights over local natural resources.
▸ It not only accepts the validity of customary law, social and religious practices and traditional management practices of community resources, but also directs the state government not to make any law which is inconsistent with these. Accepting a clear-cut role for the community, it gives wide-ranging powers to Gram Sabhas, which had hitherto been denied to them by the law makers of the country.
Gram Sabha are endowed specifically with the following powers:
— the power to enforce prohibition or to regulate or restrict the sale and consumption of any intoxicant.
— the ownership of minor forest produce.
— the power to prevent alienation of land in the scheduled areas and take appropriate action to destroy any unlawfully alienated land of a scheduled tribe.
— the power to manage village markets by whatever name called.
— the power to exercise control over money lending to the scheduled tribes.
— the power to exercise control over institutions and functionaries in all social sectors; the power to control over local plans and resources for such plans including tribal sub-plans.

74th Constitutional Amendment Act, 1992

▸ Constitutional Status for Municipalities emerged as the 74th Constitutional Amendment Act of 1992 came into force on 1st June, 1993. This Act contains Part-IX A of the Constitution of India. The Act also added the Twelfth Schedule to the Constitution. It contains 18 functional items of the Municipalities and consists of provisions from Articles 243 P to 243 ZG. The Act brought them under the purview of justifiable part of the Constitution.

Constitution of Municipalities(Article 243Q)

▸ According to Article 243Q, the following shall be constituted in every State
— a Nagar Panchayat (by whatever name called) for a transitional area, that is to say, an area in transition from a rural area to an urban area.
— a Municipal Council for a smaller urban area.
— a Municipal Corporation for a larger urban area, in accordance with the provisions of this part.

Composition of Municipalities (Article 243 R)

▸ All the seats in a Municipality shall be filled by persons chosen by direct election from the territorial constituencies in the Municipal area and for this purpose each Municipal area shall be divided into territorial constituencies to be known as Wards.
▸ The Legislature of a State may, by law, provide for the representation in a Municipality of — persons having special knowledge or experience in Municipal administration.
— the members of the House of the people and the members of the Legislative Assembly of the State representing constituencies which comprise wholly or partly the Municipal area. The members of the Council of States and the members of the Legislative Council of the state registered as electors within the Municipal area.
— the Chairpersons of the Committees constituted under clause (5) of Article 243S.

Wards Committees (Article 243S)

▸ There shall be constituted a Wards Committee, consisting of one or more wards, within the territorial area of a Municipality having a population of three lakhs or more.
▸ The Legislature of a state may, by law, make provision with respect to
— the composition and the territorial area of a Wards Committee.
— the manner in which the seats in a Wards Committee shall be filled.
▸ A member of a Municipality representing a ward within the territorial area of the Wards Committee shall be a member of that Committee.
▸ Where a Wards Committee consists of — one ward, the member representing that ward in the Municipality.
— two or more wards, one of the members representing such wards in the Municipality elected by the members of the Wards Committee, shall be the Chairperson of that Committee.

Reservation of Seats (Article 243T)

▸ The Act provides for the reservation of seats for the scheduled castes and the scheduled tribes in every municipality in proportion in the municipal area. Further, it provides for the reservation of not less than one-third of the total number of seats for women (including the number of seats reserved for women belonging to SCs and STs).

Powers and Functions of Municipalities (Article 243W)

▸ The Legislature of a State may, by law, endow
— The Municipalities with such powers and authority as may be necessary to enable them to function as institutions of self-government and such law may contain provisions for the devolution of powers and responsibilities upon Municipalities, subject to such conditions as may be specified therein, with respect to (a) the preparation of plans for economic development and social justice. (b) the performance of functions and the implementation of schemes as may be entrusted to them including those in relation to the matters listed in the Twelfth Schedule.
— The Committees with such powers and authority as may be necessary to enable them to carry out the responsibilities conferred upon them including those in relation to the matters listed in the Twelfth Schedule.

Financial Provisions (Article 243X)

▸ The State legislature may, by law.
— Authorise a Municipality to levy, collect and appropriate such taxes, duties, tolls and fees in accordance with such procedure and subject to such limits.
— Assign to a Municipality such taxes, duties, tolls and fees levied and collected by the state government for such purposes and subject to such conditions and limits.
— Provide for making such grants-in-aid to the Municipalities from the Consolidated Fund of the State.
— Provide for Constitution of such funds for crediting all moneys received, respectively, by or on behalf of the Municipalities and also for the withdrawal of such moneys therefrom, as may be specified in the law.

Finance Commission (Article 243Y)

▸ The Finance Commission (which is constituted for the Panchayats) shall also, for every 5 years, review the financial position of municipalities and make recommendation to the Governor.

Committee for District Planning (Article 243ZD)

▸ There shall be constituted in every state at the district level a District Planning Committee 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.
▸ The Legislature of a State may, by law, make provision with respect to
— the composition of the District Planning Committees.
— the manner in which the seats in such Committees shall be filled provided that not less than four-fifths of the total number of members of such Committee shall be elected by, and from amongst, the elected members of the Panchayat at the district level and of the Municipalities in the district in proportion to the ratio between the population of the rural areas and of the urban areas in the district.
— the functions relating to district planning which may be assigned to such Committees.
— the manner in which the Chairpersons of such Committees shall be chosen.
▸ Every District Planning Committee shall, in preparing the draft development plan
— have regard to (a) matters of common interest between the Panchayats and the Municipalities including spatial planning, sharing of water and other physical and natural resources, the integrated development of infrastructure and environmental conservation. (b) the extent and type of available resources whether financial or otherwise.
— consult such institutions and organisations as the Governor may, by order, specify.
▸ The Chairperson of every District Planning Committee shall forward the development plan, as recommended by such Committee, to the government of the state.

Committee for Metropolitan Planning (Article 243ZE)

▸ There shall be constituted in every Metropolitan area, a Metropolitan Planning Committee to prepare a draft development plan for the Metropolitan area as a whole.
▸ The Legislature of a State may, by law, make provision with respect to
— the composition of the Metropolitan Planning Committees.
— the manner in which the seats in such Committees shall be filled provided that not less than two-thirds of the members of such Committee shall be elected by and from amongst, the elected members of the Municipalities and Chairpersons of the Panchayats in the Metropolitan area in proportion to the ratio between the population of the Municipalities and of the Panchayats in that area.
— the representation in such Committees of the Government of India and the Government of the State and of such organisations and institutions as may be deemed necessary for carrying out the functions assigned to such Committees.
— the functions relating to planning and coordination for the Metropolitan area which may be assigned to such Committees.
— the manner in which the Chairpersons of such Committees shall be chosen.
▸ Every Metropolitan Planning Committee shall, in preparing the draft development plan, — have regard to (a) the plans prepared by the Municipalities and the Panchayats in the Metropolitan area. (b) matters of common interest between the Municipalities and the Panchayats, including coordinated spatial planning of the area, sharing of water and other physical and natural resources, the integrated development of infrastructure and environmental conservation. (c) the overall objectives and priorities set by the Government of India and the Government of the State. (d) the extent and nature of investments likely to be made in the Metropolitan area by agencies of the Government of India and of the Government of the State and other available resources whether financial or otherwise.
— consult such institutions and organisations as the Governor may, by order, specify.
▸ The Chairperson of every Metropolitan Planning Committee shall forward the development plan, as recommended by such Committee, to the government of the state.

Courts cannot Interfere in Electoral Matters

According to Article 243ZG, notwithstanding anything in this Constitution:
— 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 243ZA shall not be called in question in any court.
— no election to any Municipality 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.
The Twelfth Schedule (Article 243W)
It contains the following 18 functional items placed within the purview of Municipalities:
1. Urban planning including town planning. 2. Regulation of land-use and construction of buildings. 3. Planning for economic and social development. 4. Roads and bridges. 5. Water supply for domestic, industrial and commercial purposes. 6. Public health, sanitation conservancy and solid waste management. 7. Fire services. 8. Urban forestry, protection of the environment and promotion of ecological aspects. 9. Safeguarding the interests of weaker sections of society including the handicapped and mentally retarded. 10. Slum improvement and upgradation. 11. Urban poverty alleviation. 12. Provision of urban amenities and facilities such as parks, gardens, playgrounds. 13. Promotion of cultural, educational and aesthetic aspects. 14. Burials and burial grounds; cremations, cremation grounds and electric crematoriums. 15. Cattle pounds, prevention of cruelty to animals. 16. Vital statistics including registration of births and deaths. 17. Public amenities including street lighting, parking lots, bus stops and public conveniences. 18. Regulation of slaughter houses and tanneries.

Types of Urban Local Governments in India

Municipal Corporation
▸ The Municipal corporation is the top-most Urban Local Government. It is created for the administration of big cities such as-Delhi, Mumbai, Kolkata, Hyderabad, Bangalore, etc.
▸ Municipal corporation is established in the states by the acts of concerned state legislatures and in the union territories by the acts of the Parliament of India.
▸ A Municipal corporation has three authorities, namely the council, the standing committees and the commissioner. The council, the deliberative and legislative. wing of the corporation. It consists of the councillors directly elected by the people.
▸ The council is headed by a mayor. The standing committees are created to facilitate the working of the council. There is also a municipal commissioner, who is chief executive authority of the corporation. He/she is appointed by the state government and is generally a member of the IAS.
Municipality
▸ The Municipalities are established for the administration of towns and smaller cities. It is also set-up in the states by the acts of the concerned state legislatures and in the Union Territory by the acts of the Parliament of India.
▸ Like Municipal corporation, a Municipality also has three authorities, namely, the council, the standing committees and the chief executive officer. The council is deliberative and legislative wing of the municipality. It consists of the councillors directly elected by the people.
▸ The council is headed by a President or chairman. The standing committees are created to facilitate the working of the council. The Chief executive officer is responsible for day-to-day general administration of the Municipality. He/she is appointed by the state government.
▸ Notified Area Committee It is set-up by government notification and not a legislation. All its members and chairman are appointed by the state government and not elected. It is set-up in area where Municipality is not feasible but potential for fast development is there.
▸ Town Area Committee It is set-up by an Act of State Legislature and can have both elected and nominated members. It is quasi-municipality with limited number of municipal functions like street lighting, sanitation etc.
▸ Cantonment Board They are autonomous bodies functioning under the overall control of the Ministry of Defence. These boards comprise elected members besides ex-officio and nominated members with the station commander as the President of the Board. The resources of these Boards are limited as the bulk of the property is owned by government on which no tax can be levied. Thus, the central government provides financial assistance by way of grants-in-aid. The boards are responsible for discharging the mandatory duties like provision of public health, sanitation, primary education and street lighting etc.
▸ Township is established to provide civic amenities to its staffs and workers living in the colonies near the plant by large public enterprises. It is headed by the town administrator appointed by the enterprises.
▸ Port Trust is established by an Act of Parliament to manage and protect the ports alongwith to provide civic amenities in the port areas. It has both elected and nominated members and its chairman is an officer.
▸ Special Purpose Agency is established for single or specific purpose as statutory bodies by an act of State Legislature or as department by an executive resolution: like Housing Boards, Pollution Control Boards, Urban Development Authorities etc.

Co-operative Societies

▸ In 1958, the National Development Council (NDC) had recommended a national policy on co-operatives. Jawaharlal Nehru had a strong faith in the co-operative movement. In 2011, the co-operatives were given constitutional status by the 97th Constitutional Amendment Act, 2011. Co-operatives have been inserted in Part IX B covering Articles 243 ZH-ZT.
▸ Incorporation of co-operative societies (Article 243 ZI) subject to the provisions of this part, the Legislature of a state may, by law make provisions with respect to the incorporation, regulation and winding-up of co-operative societies based on the principles of voluntary formation, democratic member- control,member economic participation and antonomous functioning.
Number and Term of Members of Board (Article 243 ZJ)
▸ The Board shall consist of such number of directors as may be provided by the Legislature of a State by law. The maximum number of directors of a co-operative society shall not exceed twenty-one.
▸ The Legislature of a state shall by law provide for reservation of one seat for the scheduled castes or the scheduled tribes and two seats for women on Board of every co-operative society consisting of individuals as members and having members from such class or category of persons.
▸ The term of office of elected members of the board and its office bearers shall be 5 years from the date of election and the term of office bearers shall be coterminous with the term of the board. The legislature of a state shall, by law, make provisions for cooption of persons to be members of the board having experience in the field of banking, management, finance or specialisation in any other field relating to the objects and activities undertaken by the co-operative society as members of the Board.
Election of Members of Board (Article 243 ZK)
▸ The superintendence, direction and control of the preparation of electoral rolls for and the conduct of all elections to a co-operative society shall vest in such an authority or body, as may be provided by the legislature of a state by law.
Audit of Accounts of Co-operative Societies (Article 243 ZM)
▸ The legislature of a state may by law, make provisions with respect to the maintenance of accounts by the co-operative societies and the auditing of such accounts atleast once in each financial year.
▸ The accounts of every co-operative society shall be audited within 6 months of the close of the financial year to which such accounts relate. The audit report of the accounts of an Apex Cooperative Society as may be defined by the state act shall be laid before the State Legislature in the manner, as may be provided by the State Legislature by law.
The Scheduled Tribes and other Traditional Forest Dwellers (Recognisation of Forest Rights) Act, 2006
Provisions
▸ The Gram Sabha shall be the authority to initiate the process for determining the nature and extent of individual or community forest rights or both that may be given to the forest dwelling scheduled tribes and other traditional forest dwellers within the local limits of its jurisdiction.
▸ The State Government shall constitute a sub-divisional level committee to examine the resolution passed by the Gram Sabha and prepare the record of forest rights.
▸ The Act aims to recognise and vest the forest rights and occupation in forest land in forest dwelling scheduled tribes and other traditional forest dwellers who have been residing in such forests for generations but whose rights could not be recorded.