In 1992, one of the biggest changes in the Indian constitutional scheme was introduced. It introduced a third teir of Government in India in the form of Panchayats and Urban Local bodies through 73^rd and 74^th Constitutional amendment respectively. In this chapter we shall study the local government in Rural areas of India, viz. the Panchayati Raj system.

Articles Related to Panchayats at a Glance

The 73^rd Amendment Act introduces Articles 243 to 243O, making provisions for the constitution of Gram Sabha (Village assembly), Panchayats, Local Taxation, Powers of the Panchayats and  provision for the local elections.

1.Gram Sabha(243(A)):

• The very basic unit of the Panchayati system is the Gram Sabha. It has been defined in the Article 243 as the body of all the persons registered on the electoral rolls of a village.
• This is a permanent body of the electorate. It consists of persons registered in the electoral rolls of a village comprised within the area of panchayat at the village level.
• However, membership in a Gram Sabha is restricted to persons above 18 living in that village. This is done so that the best decisions, which align with the village’s interests, can be made.

Intermediate-level PanchayatsExist in states where the population exceeds 20 lakhs.  

2. Three-Tier System:

• Article 243B provides for the establishment of a 3-tier Panchayati system.
• Gram Panchayat is the lowest level in the panchayat pyramid system. The act brings uniformity in the structure of panchayati raj throughout the country.

2.1.Gram Panchayat:

• Each village is divided into smaller units called wards, each selecting a representative. They are called Ward members or the Panch.
• The Gram Sabha also elects the head of the Gram Panchayat, called the sarpanch. Therefore, the Sarpanch and the Panch together make up the Gram Panchayat.

Functions:

• The main work of the Gram Panchayat is to take care of social issues, construct and maintain schools, roads, drainage facilities, etc., and levy and collect local taxes.
• The Gram Panchayat is accountable to the general body of voters in the village, i.e. the Gram Sabha, and to the two levels of authority above it in the hierarchy.

2.2.Panchayat Samiti

• The Panchayat Samiti is the next level in the hierarchy. It supervises the working of the Gram Panchayats of all the villages in the block under its jurisdiction.
• The Pradhan heads the Panchayat Samiti. He/she is elected by a group consisting of all the members of the Panchayat Samiti and all the Panchs of the Gram Panchayats coming under it.

2.3.Zila Parishad (District Panchayat)

• This is the highest level of panchayat in the hierarchy of rural self-government.
• The chairman heads the Zila Parishad.
• It also has a Chief Executive Officer as a member, who the State government elects.

Functions:

• It oversees the working of the Panchayat Samitis of all the blocks in the district of its jurisdiction and all the Gram Panchayats under them.
• It controls the distribution of funds among all the Gram Panchayats. It is responsible for making developmental plans at the district level. 

3. Election of Members and Chairpersons(243K):

• The eligible voters in the area elect all the members of the three levels in the panchayat hierarchy.
• However, the state can also make provisions for representing Members of the Legislative Assembly (MLAs) or other officials in the panchayat.
• As for the rules regarding the composition of the panchayats, they have been taken care of by the Drafters under Article 243C of the Constitution.
• All the members of panchayats at the village, intermediate and district levels shall be elected directly by the people.
• The chairperson of panchayats at the intermediate and district levels shall be elected indirectly by and from amongst the elected members.
• However, the chairperson of a panchayat at the village level shall be elected in such manner as the state legislature determines.
• The chairperson of a panchayat and other members of a panchayat elected directly or indirectly shall have the right to vote in the meetings of the panchayats.

4. Reservation of seats in Panchayats(243D):

• The Drafters of our Constitution were aware of the rampant discrimination in India at the time of independence. Keeping that in mind, they made special provisions to represent marginalised communities in the local self-government.
• Article 243D of the Indian Constitution provides provisions for reserving panchayat seats for certain communities.
• Seats should be reserved for members of Scheduled Castes and Scheduled Tribes (at all three levels)in the panchayat in the same proportion that their population bears to the total population of the village.
• The act provides for reserving one-third of the total number of seats for women (including the number of seats reserved for women belonging to the S.C.s and S.T.s).
• Further, one-third of the total number of offices of chairpersons in the panchayats at each level shall be reserved for women.
• Further, the state legislature shall provide for the reservation of offices of chairperson in the panchayat at the village or any other level for the S.C.s and S.T.s.

5. Duration of Panchayats(243E):

• The constitution has specified the exact duration of operation of a panchayat in Article 243E. It states that every panchayat shall continue to be in force for 5 years unless it is dissolved earlier by any law.
• It also says that election to a panchayat should be completed before its expiry or 6 months before its dissolution.

6. Disqualifications for Membership(243F):

A person shall be disqualified for being chosen as or for being a member of panchayat if he is so disqualified under the following provisions:

1. Any law for the time being in force for elections to the state legislature concerned.
2. Any law made by the state legislature.

However, there is one exception. The minimum age for being a member of State Legislature 25; But the member of the village Panchayat is eligible above the age of 21.