Local Self Government: Definition, meaning, nature and

evolution.

Introduction

The local self-government is the result of 73rd and 74 constitutional amendment

acts, 1992. Both these amendments act incorporated concept of panchayats
and municipalities in the constitution in part 9 with 11th schedule and part 9-B
with 12th schedule respectively.

Generally local self-government means a local body elected by local people to

manage their affairs.

The article 243-243 O of the constitution deals with the Panchayats and 234-P-
243-ZG of the constitution deals with the Municipalities

What is Local Self Government?

* Local Self Government is the management of local affairs by such local bodies
who have been elected by the local people.

* The local self-Government includes both rural and urban government. It is

the third level of the government.

* There are 2 types of local governments – panchayatas in rural areas and

Municipalities in urban areas

* However, the Constitution did not lay an obligation upon governments to

constitute panchayats. Article 40 only provided a Directive Principle of State
Policy that said the State should organise village panchayats and give them the
necessary powers and authority to function, but this was not mandatory.

Meaning of Local Self Government

Local government in India is governmental jurisdiction below the level of

the state. Local self-government means that residents in towns, villages and
rural settlements are the people who elect local councils and their heads
authorising them to solve the important issues. India is a federal republic with
three spheres of government: central, state and local.

Under Article 243(d) of the Indian Constitution, ‘panchayat’ has been defined as
an institution of self-government in rural areas.

The word panchayat is derived from the word pancha panchasvanusthitah (पंच
पंचस्वनुस्थ), has references in to the existence of Grama Sanghas or rural
communities.

The municipality has been defined in Article 243P as simply an institution of self-
government in an urban area, constituted under Article 243Q.

Nature of Local Self Government

The nature of local self-government can vary significantly depending on the

country and its legal and political system. However, some common
characteristics include:
1. Decentralization: Local self-government involves the decentralization of
power from a central government to local authorities. This allows for
decisions to be made at the local level, taking into account the specific
needs and preferences of the community.
2. Autonomy: Local governments typically have a degree of autonomy in
managing their affairs. While they may operate within a framework set by
higher levels of government, they often have discretion in areas such as
budgeting, infrastructure development, and service provision.
3. Elected Representatives: Local self-government is usually administered by
elected representatives who are chosen by the residents of the local area.
These representatives may serve on a city council, municipal board, or
similar governing body, and they are responsible for making decisions on
behalf of the community.
4. Local Services: One of the primary functions of local self-government is the
provision of essential services to residents within the jurisdiction. This can
include services such as water and sanitation, waste management,
transportation, education, healthcare, and public safety.
 5. Community Participation: Local self-government often emphasizes
community participation and engagement in decision-making processes.
This can take various forms, including public consultations, town hall
meetings, and citizen advisory committees, to ensure that the views and
concerns of residents are taken into account.
6. Accountability: Local governments are accountable to the residents they
serve. Elected officials are typically subject to democratic processes such
as elections and oversight mechanisms to ensure transparency and
accountability in their decision-making.
7. Legal Framework: The nature of local self-government is often defined by
a legal framework that outlines the powers, responsibilities, and structures
of local authorities. This framework may vary from country to country and
can be enshrined in constitutions, statutes, or charters.
Overall, local self-government plays a crucial role in promoting democratic
governance, fostering community development, and ensuring that government
is responsive to the needs of its citizens at the grassroots level.

Scope of Local Self Government

The scope of local self-government encompasses a wide range of

responsibilities, functions, and powers that local authorities have within their
defined jurisdiction. While the specific scope can vary depending on the country,
region, or administrative structure, some common elements include:
1. Service Provision: Local governments are often responsible for providing
essential services to residents within their jurisdiction. This can include
services such as water and sanitation, waste management, transportation,
parks and recreation, education, healthcare, and public safety.
2. Infrastructure Development: Local authorities may have the responsibility
for planning, building, and maintaining local infrastructure, including
roads, bridges, public buildings, utilities, and green spaces.
3. Land Use Planning and Zoning: Local governments typically have the
authority to regulate land use through zoning laws, building codes, and
development permits. They play a key role in managing urban growth,
preserving natural resources, and promoting sustainable development.
4. Economic Development: Local self-government often involves initiatives to
promote economic development and job creation within the community.
 This may include attracting investment, supporting small businesses, and
implementing policies to stimulate growth in key sectors.
5. Community Development: Local authorities may engage in initiatives to
improve the quality of life and well-being of residents, such as affordable
housing programs, social welfare services, cultural and recreational
activities, and initiatives to address poverty and inequality.
6. Environmental Protection: Local governments have a role in protecting the
environment and natural resources within their jurisdiction. This can
involve implementing environmental regulations, conservation programs,
and initiatives to mitigate pollution and address climate change.
7. Public Health and Safety: Local authorities are responsible for
safeguarding the health and safety of residents by providing or regulating
public health services, emergency response, fire protection, law
enforcement, and other related services.
8. Education: In some countries, local governments have a role in overseeing
and funding educational institutions, such as schools and libraries, within
their jurisdiction.
9. Cultural and Social Services: Local self-government may also involve
promoting cultural diversity, heritage preservation, and social cohesion
through initiatives such as cultural events, community centres, and
support for arts and cultural organizations.
10. Citizen Participation and Governance: Local governments often
encourage citizen participation in decision-making processes through
mechanisms such as town hall meetings, public consultations, citizen
advisory boards, and participatory budgeting.
The scope of local self-government is dynamic and can evolve over time in
response to changing needs, priorities, and legal frameworks. It is essential for
promoting democratic governance, fostering community development, and
ensuring that government is responsive to the needs and aspirations of its
citizens at the local level.

Evolution of Local Self-government in India

Mahatma Gandhi advocated panchayat raj as the foundation of India's political
system. It would have been a decentralised form of government, where each
village would be responsible for its own affairs. The term for such a vision
was Gram Swaraj ("village self-governance").

The institution of Local Self Government is as old as Indian civilization itself. It

was in existence since ancient periods, having an effective control over civil and
judicial matters in the village community.

Local Self Government Institutions in Ancient India

1. Shanti-Parva of Mahabaratha:-The earliest reference to local self-government

is found in the Shanti-Parva of Mahabaratha, the village administration was
carried under the supervision and control of Adyaksha (अद्यक्ष) or headman.

2. The Rigveda, Manusamhita, Dharmashastras, Upanishads, Jatakas and

others:- This refers extensively to local administration, i.e. the panchayat
system of administration.

3. In the Mouryan period:-The village was the basic unit of administration.

Villagers used to organize works of public utility and recreation, settle disputes,
and act as trustees for the property of minors. But they had not yet evolved
regular councils.

4.The Gupta Period:-The village council appeared to have evolved into regular
bodies in the Gupta period. They were known as Panchamandalas(पंचमंडल) in
central India and Gramajanapadas (ग्रामजनपद) in Bihar.

5. In the Mughal period:- Particularly in the regime of Sher Shah, the villages
were governed by their own panchayats. Each panchayat comprised of village
elders who looked after the interest of the people and administered justice and
imposed punishment on defaulters. Akbar accepted this system and made it an
indispensable part of civil administration.

6. In the British Raj:- With the emergence of the British Raj in India, panchayats
ceased to play a role that it once played. But, local self-government as a
representative institution was the creation of the British. After 1882, the elected
bodies came into existence because Lord Rippon took the initiative to establish
these bodies. That’s why Lord Rippon is known as the father of Local Self-
Government.

Evolution of Panchayati Raj:- Post Independence India

The task of strengthening panchayati raj system fell on the Indian government
formed after independence. But surprisingly, the draft Constitution prepared in
1948 had no place for Panchayati Raj Institutions. Gandhi severely criticized this,
thus, that panchayat finds a place in the Directive Principles of the State Policy.
The Constitution of India in Article 40 enjoined: “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”.

There were a number of committees appointed by the Government of India to

study the implementation of self-government at the rural level and also
recommend steps in achieving this goal.

1. Committee of Balwant Mehta Committee in 1957

The Indian government originally created the committee to look into the
workings of local self-government institutions. It published its report in
November 1957, where the phrase ‘democratic decentralisation’ initially
appeared. The important recommendations of this committee were:

1. Formation of a Panchayati Raj system with a three-tier governance model.

The model shall comprise Gram panchayats in villages, Panchayat Samitis
in blocks, and Zila Parishad in districts.

2. Directly elected representatives to constitute the gram panchayat and

indirectly elected representatives to constitute the Panchayat Samiti and
Zila Parishad.
3. Planning and development are the primary objectives of the Panchayati
Raj system.
4. Panchayat Samiti should be the executive body and Zila Parishad will act as
the advisory and supervisory body.
 5. The chairperson of the Zila Parishad will be the District Collector.

6. It is necessary to ensure the transfer of resources and power to these

bodies.

2. Committee of Ashok Mehta in 1977-1978

The then-Janata government formed the committee to examine Panchayat

institutions. But unfortunately, the Janata administration fell apart before these
suggestions could be implemented.

The following are the most important of the 132 recommendations given by it:

1. A two-tier structure will replace the three-tier structure : Zila Parishad

(district level) and the Mandal Panchayat (a group of villages).

2. District level as the first level of supervision after the state level.

3. Political organisations should take part in elections at all administration

levels.

4. These institutions will be given mandatory taxing powers to mobilise their

own financial resources.

5. Zila Parishad should be the executive body and responsible for planning at
the district level.

6. The state council of ministers will designate a minister for local self-
government

7. Panchayat Raj Institutions would be given constitutional recognition.

3. Committee of GVK Rao in 1985

The planning commission appointed the committee in 1985. The committee

stated that the development methods were increasingly being removed from
local self-government organisations, resulting in a system with no roots. The
major recommendations of this committee were:
 1. Zila Parishad to be the most important body in the scheme of
democratic decentralisation. Zila Parishad to be the principal body to
manage the developmental programmes at the district level.
2. The district and the lower levels of the Panchayati Raj system to be
assigned with specific planning, implementation and monitoring of the
rural developmental programmes.
3. Post of District Development Commissioner to be created. He will be
the chief executive officer of the Zila Parishad.
4. Elections to the levels of Panchayati Raj systems should be held
regularly.

4. Committee of LM Singhvi in 1986

The government of Rajiv Gandhi formed this committee to advise on the

development of Panchayats and their institutions. As a result, the 73rd and 74th
Constitutional Amendment Acts, 1992, were passed during the Narasimha Rao
government, making the vision a reality. Among its key suggestions are:

1. The committee recommended that the Panchayati Raj systems should be

constitutionally recognised. It also recommended constitutional provisions
to recognise free and fair elections for the Panchayati Raj systems.
2. The committee recommended reorganisation of villages to make the gram
panchayat more viable.
3. It recommended that village panchayats should have more finances for
their activities.
4. Judicial tribunals to be set up in each state to adjudicate matters relating
to the elections to the Panchayati Raj institutions and other matters
relating to their functioning.

The first local government system in India at the village level was established by
the state of Rajasthan in 1959 in the Nagpur district, followed by Andhra
Pradesh. Thereafter the system was adopted by most of the statuses.

Evolution of Urban Bodies (Municipalities)

Pre-Independence India
The institutions of urban local government originated and developed in modern
India during the period of British rule. The major events in this context are as
follows:

1. In 1687-88, the first municipal corporation in India was set up at Madras.

2. In 1726, the municipal corporations were set up in Bombay and Calcutta.
3. Lord Mayo’s Resolution of 1870 on financial decentralisation visualised the
development of local self-government institutions.
4. Lord Ripon’s Resolution of 1882 has been hailed as the ‘Magna Carta’ of
local self-government. He is called the father of the local-self-government
in India.
5. The Royal Commission on decentralisation was appointed in 1907, and it
submitted its report in 1909. Its chairman was Hobhouse.
6. Under the dyarchical scheme introduced in Provinces by the Government
of India Act, 1919, local self-government became a transferred subject
under the charge of a responsible Indian minister.
7. In 1924, the Cantonments Act was passed by the Central legislature.
8. Under the provincial autonomy scheme introduced by the Government of
India Act, 1935, local self-government was declared a provincial subject.
Post-Independence India
1. In 1989, the Rajiv Gandhi government introduced the 65th Constitutional
Amendment Bill (Nagarpalika bill) in the Lok Sabha. The bill aimed at
strengthening and revamping the municipal bodies by conferring
constitutional status on them.
2. Although the bill was passed in the Lok Sabha, it was defeated in the Rajya
Sabha in October 1989 and, hence, lapsed.
3. The National Front Government under V P Singh introduced the revised
Nagarpalika Bill in the Lok Sabha again in September 1990. However, the
bill was not passed and finally lapsed due to the dissolution of the Lok
Sabha.
4. P V Narasimha Rao’s Government also introduced the modified
Municipalities Bill in the Lok Sabha in September 1991. It finally emerged
as the 74th Constitutional Amendment Act of 1992 and came into force on
1 June 1993.
 5. The 74th Amendment Act has added a new Part IX-A with 12th Schedule to
the Constitution of India is entitled as ‘The Municipalities’ and consists of
provisions from Articles 243-P to 243-ZG.
6. The Act has brought Municipalities under the purview of the justiciable
part of the Constitution.
7. In other words, state governments are under constitutional obligation to
adopt the new system of municipalities in accordance with the provisions
of the act [Article 243 Q].
8. The act aims at revitalising and strengthening the urban governments so
that they function effectively as units of local government.
Conditions and law-making powers of Local self-government
In India, the lawmaking powers of local self-government bodies are primarily
governed by the Constitution of India and various legislations enacted by the
central and state governments. The specific conditions under which local self-
government bodies can make laws, bylaws, rules, and regulations vary
depending on the level of government (i.e., rural or urban) and the state in
which they operate. However, there are some common principles and conditions
that apply:
1. Constitutional Provisions: The Constitution of India provides for the
establishment of local self-government bodies, known as Panchayats at the
rural level and Municipalities at the urban level. Article 243 of the
Constitution empowers these bodies to function as institutions of self-
government and entrusts them with specific powers to make laws on
various subjects listed in the Eleventh Schedule for Panchayats and the
Twelfth Schedule for Municipalities.
2. Legislative Enabling Acts: The central and state governments enact
legislation to empower local self-government bodies and delineate their
powers, functions, and responsibilities. These enabling acts may specify
the subjects on which local bodies can make laws, the procedures for
enacting legislation, and any limitations on their authority.
3. Subject Matters: Local self-government bodies in India typically have the
authority to make laws, bylaws, rules, and regulations related to a range of
subjects within their jurisdiction. These include urban planning, land use
regulations, public health, sanitation, local taxation, public works, street
lighting, maintenance of public parks, markets, and more.
 4. Autonomy within Framework: While local bodies have the power to make
laws within their jurisdiction, they must operate within the legal
framework established by higher-level laws, including the Constitution and
statutes enacted by the central and state governments. Their actions must
be consistent with higher laws, and any laws or regulations they enact
must not violate fundamental rights or constitutional provisions.
5. Public Participation and Accountability: Local self-government bodies are
expected to engage in public consultation and participation when making
laws and regulations. This may involve holding public hearings, consulting
with stakeholders, and ensuring transparency in the decision-making
process. Elected representatives of these bodies are accountable to the
residents they represent.
6. Oversight and Review: The lawmaking powers of local self-government
bodies are subject to oversight and review by higher-level authorities, such
as state governments, district administrations, or the judiciary. Higher
authorities may review local laws and regulations for compliance with legal
requirements and may have the power to intervene or annul laws that are
found to be unconstitutional or in violation of higher laws.
Overall, local self-government bodies in India play a crucial role in grassroots
democracy and governance, and their lawmaking powers are designed to
empower them to address local needs and priorities while operating within the
broader legal framework of the country.

Importance of Local self-government

Local self-government plays a crucial role in governance and democracy for
several reasons:
1. Proximity to the People: Local self-government brings governance closer
to the people. Local authorities are better positioned to understand the
unique needs, challenges, and aspirations of their communities compared
to central or regional governments. This proximity enables them to
develop policies and initiatives that are more responsive and tailored to
local circumstances.
2. Empowerment of Communities: Local self-government empowers
communities by giving them a voice in decision-making processes. Through
elected representatives and participatory mechanisms, residents have the
opportunity to actively engage in shaping the policies and priorities that
 affect their daily lives. This fosters a sense of ownership, accountability,
and civic responsibility among citizens.
3. Efficient Service Delivery: Local authorities are responsible for delivering
essential services such as water and sanitation, waste management,
transportation, education, healthcare, and public safety. By decentralizing
service provision, local self-government can often lead to more efficient,
effective, and responsive delivery of services that are tailored to local
needs and preferences.
4. Promotion of Democratic Values: Local self-government promotes
democratic values such as representation, participation, transparency, and
accountability. Through regular elections, public consultations, town hall
meetings, and citizen engagement initiatives, local authorities uphold
democratic principles and ensure that government decisions are made in
the best interests of the community.
5. Fostering Innovation and Experimentation: Local self-government
provides a fertile ground for innovation and experimentation in
governance. Local authorities have the flexibility to pilot new ideas,
policies, and approaches to address local challenges and promote
sustainable development. Successful innovations at the local level can then
be scaled up or replicated in other regions.
6. Cultural and Diversity Preservation: Local self-government plays a vital
role in preserving and promoting cultural diversity, heritage, and identity.
By supporting local cultural initiatives, festivals, traditions, and heritage
sites, local authorities contribute to the preservation of community
identity and cohesion, enriching the social fabric of the region.
7. Economic Development and Growth: Local self-government is
instrumental in fostering economic development and growth at the
grassroots level. By promoting entrepreneurship, supporting small
businesses, investing in infrastructure, and attracting investment, local
authorities create an enabling environment for job creation, prosperity,
and sustainable development.
8. Environmental Protection and Sustainability: Local self-government is
increasingly recognized as a key factor in environmental protection and
sustainability efforts. Local authorities can implement policies and
initiatives to address local environmental challenges, promote renewable
 energy, reduce pollution, conserve natural resources, and mitigate the
impacts of climate change.
Overall, local self-government is essential for promoting inclusive, participatory,
and sustainable development, strengthening democratic governance, and
improving the quality of life for people at the grassroots level.

RELATION BETWEEN DPSP AND LSG

Enforceability of DPSP
The Directive Principles of State Policy (DPSP) in the Indian Constitution are not
directly enforceable by courts, meaning individuals cannot approach the courts
to enforce them against the state or any other authority. However, they are still
significant in shaping policies and laws and guiding the state in its actions.
Despite not being enforceable, the DPSPs have been considered by courts in
various cases to interpret the constitutionality of laws and policies. Here are a
few notable cases where DPSPs have been discussed:
1. Golaknath v. State of Punjab (1967): In this landmark case, the Supreme
Court held that Fundamental Rights could not be amended by Parliament.
However, the court also noted the importance of DPSPs in harmonizing the
individual rights with the social welfare objectives of the state.
2. Kesavananda Bharati v. State of Kerala (1973): The Supreme Court, in this
seminal case, upheld the basic structure doctrine and ruled that while
Parliament has the power to amend the Constitution, it cannot alter its
basic structure. The court recognized the importance of DPSPs as a guiding
principle for the state.
3. Minerva Mills Ltd. v. Union of India (1980): This case is significant for the
discussion on the balance between Fundamental Rights and DPSPs. The
Supreme Court held that both Fundamental Rights and DPSPs are equally
important and one cannot override the other. The court emphasized the
need to harmonize the two.
4. Olga Tellis v. Bombay Municipal Corporation (1985): In this case, the
Supreme Court held that the right to life under Article 21 includes the right
 to livelihood. The court referred to DPSPs to emphasize the state's duty to
provide social and economic justice to its citizens.
5. Chameli Singh v. State of U.P. (1996): In this case, the Supreme Court held
that the state government's decision to evict unauthorized occupants from
public land should be guided by the principles of social justice enshrined in
DPSPs.
While DPSPs themselves are not enforceable, courts have often interpreted
Fundamental Rights in light of DPSPs, emphasizing the importance of achieving
social and economic justice as envisaged in the Constitution. Thus, while DPSPs
may not be directly enforceable, they continue to influence judicial decisions
and guide legislative action.

DPSP are fundamental in governance of country

the Directive Principles of State Policy (DPSP) are fundamental in the governance
of the country, playing a crucial role in shaping the policies, laws, and actions of
the state. While they are not justiciable, meaning they cannot be enforced by
courts, they serve as guiding principles for the government in formulating laws
and policies. Here's why DPSPs are fundamental in the governance of the
country:
1. Idealistic Vision: DPSPs outline the ideals and objectives that the state
should strive to achieve. They reflect the aspirations of the Constitution
makers and provide a roadmap for building a just and equitable society.
2. Social and Economic Justice: Many DPSPs focus on promoting social and
economic justice, ensuring that the state takes affirmative action to uplift
marginalized sections of society, eliminate inequality, and promote the
welfare of all citizens.
3. Decentralization and Local Governance: DPSPs emphasize the importance
of decentralization and local self-governance, recognizing the significance
of grassroots-level democracy in addressing local needs and promoting
participatory governance.
4. Promotion of Welfare: DPSPs direct the state to promote the welfare of
the people by ensuring access to education, healthcare, employment, and
other basic necessities. They guide the government in formulating welfare
programs and policies.
5. Harmonizing Fundamental Rights: While Fundamental Rights guarantee
individual freedoms, DPSPs ensure that these rights are exercised in a
 manner that promotes the common good and social welfare. They provide
a framework for balancing individual rights with the collective welfare of
society.
6. International Relations: DPSPs also guide India's foreign policy objectives
by promoting peace, equality among nations, and adherence to
international law and norms.
7. Constitutional Interpretation: Although not enforceable in court, DPSPs
serve as interpretative aids for the judiciary in determining the
constitutionality of laws and policies. Courts often refer to DPSPs while
interpreting Fundamental Rights and other provisions of the Constitution.
In essence, DPSPs serve as the moral and ethical compass for governance,
guiding the state in its pursuit of a just, equitable, and welfare-oriented society.
While they may not have immediate legal repercussions, their influence on
policy formulation and governance is profound and enduring.

Provisions of LSG in DPSP (Principles of DPSP)

The relationship between local self-government and the Directive Principles of
State Policy (DPSP) in the Indian Constitution is rooted in the constitutional
commitment to decentralization, democracy, social justice, and welfare. Let's
discuss this relationship in more detail, referencing relevant articles from the
Constitution:
1. Decentralization and Empowerment:
Article 40: This article directs the State to organize 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 reflects the
constitutional intent to decentralize power and empower local
communities through self-governance.
Article 243G: This article provides for the constitution of municipalities in
every State and endows them with powers and authority to function as
institutions of self-government. It emphasizes the importance of
decentralization in urban areas as well.
2. Democratic Values:
Article 40: By organizing village panchayats, the State aims to promote
democracy at the grassroots level. Panchayats provide opportunities for
 citizens to participate actively in decision-making processes that affect
their communities directly.
Article 243A: This article mandates the reservation of seats for Scheduled
Castes and Scheduled Tribes in proportion to their population in
panchayats, ensuring their representation and participation in local
governance.
3. Social Justice and Welfare:
Article 38: This article in the DPSPs directs the State to secure a social
order for the promotion of welfare of the people. Local self-government
plays a crucial role in implementing welfare programs effectively and
addressing local development needs.
Article 243D: This article mandates the reservation of seats for Scheduled
Castes, Scheduled Tribes, and women in proportion to their population in
panchayats. It aims to ensure social justice and representation of
marginalized sections in local governance.
4. Equality and Inclusion:
Article 14: While not explicitly related to local self-government, Article 14
guarantees equality before the law and equal protection of the laws to all
citizens. Local self-government institutions, by providing opportunities for
participation irrespective of caste, creed, or gender, contribute to the
realization of this principle.
Article 243T: This article ensures that the seats are reserved for the
Scheduled Castes, Scheduled Tribes, and women in municipalities as well,
ensuring their representation and inclusion in urban local governance.
In summary, the relationship between local self-government and DPSPs is deeply
intertwined with the constitutional commitment to decentralization, democracy,
social justice, and inclusion. Through relevant articles in the Constitution, the
state is directed to empower local bodies, promote democratic values, ensure
social justice and welfare, and foster equality and inclusion in local governance.
Relationship Between Directive Principles of State Policy and Fundamental
Rights
The relationship between Fundamental Rights and Directive Principles of State
Policy (DPSP) can be described as follows:

1. Complementary Nature

Fundamental Rights and DPSP are considered complementary to each

other. While Fundamental Rights focus on individual rights and liberties,
DPSP emphasises the goals and principles the state should strive to
achieve in the social and economic spheres. Both sets of provisions aim to
secure a just and equitable society.

2. Non-Justiciability of DPSP

Unlike Fundamental Rights, which are justiciable and can be enforced in

courts, DPSPs are non-justiciable. This means that individuals cannot
directly approach courts for their enforcement. However, DPSP provides
guiding principles to the state in formulating policies and legislation.

3. Harmony and Harmonious Construction

The courts have emphasised the need for harmony between Fundamental
Rights and DPSP. The Doctrine of Harmonious Construction guides the
interpretation of constitutional provisions in a way that avoids conflicts
between the two sets of rights and seeks to give effect to both as far as
possible.

4. Subordination of DPSP

While Fundamental Rights enjoy higher legal protection, DPSPs are

considered subordinate to Fundamental Rights. In a conflict between the
two, the courts generally prioritise the protection of Fundamental Rights.

5. State Obligation

DPSP impose positive obligations on the state to promote social justice,

welfare and equitable distribution of resources. The state is expected to
take steps to implement DPSP over time, subject to its available resources
and other considerations.

6. Progressive Realisation
 DPSP are principles and goals that are gradually realised over time. The
state is expected to make reasonable efforts to progressively fulfil these
principles, considering its financial capacity and socio-economic
conditions.

The relationship between Directive Principles of State Policy (DPSP) and

Fundamental Rights in the Indian Constitution is intricate and often subject to
judicial interpretation. While Fundamental Rights are enforceable by courts,
DPSPs are not justiciable in the same manner. However, courts have recognized
the symbiotic relationship between these two aspects of the Constitution,
emphasizing the need to harmonize them for achieving the broader goals of
justice, equality, and social welfare. Here are some case laws that illustrate this
relationship:
1. Kesavananda Bharati v. State of Kerala (1973):
This landmark case established the doctrine of the basic structure of the
Constitution. The Supreme Court held that while Parliament has the power
to amend the Constitution, it cannot alter its basic structure. In its
judgment, the court recognized that DPSPs are essential for interpreting
Fundamental Rights and ensuring a balance between individual rights and
the larger societal goals.
2. Minerva Mills Ltd. v. Union of India (1980):
In this case, the Supreme Court struck down parts of the 42nd
Constitutional Amendment Act, which had accorded precedence to DPSPs
over Fundamental Rights. The court emphasized that both Fundamental
Rights and DPSPs are equally significant and one cannot be sacrificed for
the other. This judgment reinforced the idea that there must be a
harmonious interpretation of DPSPs and Fundamental Rights.
3. Chandrakala Menon v. State of Kerala (1974):
The Supreme Court, in this case, upheld the validity of the Kerala
Education Bill, which imposed restrictions on the right of minority
educational institutions to administer their affairs. The court held that
while the bill did restrict certain Fundamental Rights, it was in furtherance
of the state's obligation under DPSPs to provide equitable access to
education.
4. Olga Tellis v. Bombay Municipal Corporation (1985):
 In this case, the Supreme Court recognized the right to livelihood as part of
the right to life under Article 21 of the Constitution. The court referred to
DPSPs to highlight the state's obligation to provide social and economic
justice to its citizens, emphasizing the importance of balancing individual
rights with the welfare of society.
5. Mohini Jain v. State of Karnataka (1992):
The Supreme Court, in this case, upheld the right to education as a
Fundamental Right under Article 21A, introduced by the 86th
Constitutional Amendment Act. The court observed that the right to
education is essential for the realization of the goals set out in DPSPs,
particularly those related to social justice and welfare.
These cases demonstrate that while Fundamental Rights provide individuals
with protections against state action, DPSPs guide the state in its policy-making
to achieve broader societal objectives. The judiciary plays a crucial role in
interpreting and reconciling these constitutional provisions to ensure a balance
between individual liberties and the collective welfare of society.
Are DPSPs against the compensatory discrimination?

In India, Directive Principles of State Policy (DPSP) are enshrined in Part IV of the
Constitution, providing guidelines for the government to establish social and
economic goals and principles. While DPSP are not legally enforceable like
fundamental rights (Part III of the Constitution), they are considered
fundamental in the governance of the country.
When it comes to compensatory discrimination, also known as affirmative
action or positive discrimination, DPSP have been interpreted in a manner that
supports such measures to address social and economic inequalities.
Directive Principles of State Policy (DPSP) are not inherently against
compensatory discrimination. In fact, DPSP often advocate for affirmative action
or positive discrimination measures to promote social justice and address
historical inequalities. Compensatory discrimination, also known as affirmative
action or positive discrimination, aims to provide preferential treatment or
opportunities to disadvantaged groups to correct past injustices or promote
equality of opportunity.
Article 46: This article specifically mentions the promotion of educational and
economic interests of Scheduled Castes (SCs), Scheduled Tribes (STs), and other
weaker sections of society. It states: "The State shall promote with special care
the educational and economic interests of the weaker sections of the people,
and, in particular, of the Scheduled Castes and the Scheduled Tribes, and shall
protect them from social injustice and all forms of exploitation."
This article has been relied upon to justify affirmative action policies such as
reservation in educational institutions and government jobs for SCs, STs, and
other backward classes (OBCs).
Article 15(4): This article allows the state to make special provisions for the
advancement of socially and educationally backward classes of citizens or for
SCs and STs. It states: "Nothing in this article or in clause (2) of Article 29 shall
prevent the State from making any special provision for the advancement of any
socially and educationally backward classes of citizens or for the Scheduled
Castes and the Scheduled Tribes."
Article 15(4) has been instrumental in justifying reservation policies in
educational institutions and public employment.
Case Laws:
1. Indra Sawhney & Ors. vs. Union of India & Ors. (1992): Commonly known
as the "Mandal Commission case," this landmark judgment upheld the
constitutional validity of reservations in public employment based on
caste. The court held that Article 16(4) of the Constitution allows the state
to make reservations in appointments or posts in favour of backward
classes of citizens.
2. M. Nagaraj & Ors. vs. Union of India & Ors. (2006): In this case, the
Supreme Court reiterated that the state has the power to provide
reservations for SCs and STs in promotions, subject to certain conditions.
The court emphasized the importance of collecting quantifiable data to
demonstrate backwardness and inadequacy of representation before
implementing such reservations.
These cases demonstrate how the Indian judiciary has interpreted DPSP to
support compensatory discrimination measures aimed at promoting social
justice and equality, particularly for historically disadvantaged groups.
Difference between Fundamental Rights and Directive Principles of
State Policy

Point of Directive Principles of

Fundamental Rights
Differentiation State Policy

Directive Principles
Fundamental Rights are written in Part 4
Classification
are sometimes of the Constitution of
and Placement
considered as a kind India. They are given
in the
of restriction imposed in Articles 36-51 of
Constitution
on the State. the Constitution of
India.

Directive Principles of
The basic rights that
the Indian
are guaranteed to
constitution are the
Purpose and Indian citizens by the
guidelines to be
Nature Constitution of India
followed by the
are known as
Government while
Fundamental Rights.
framing policies.

Political Democracy is Economic and Social

Role in established in India Democracy is
Establishing with the help of established with the
Different Types Fundamental Rights help of the Directive
of Democracy given in the Principles of State
Constitution of India. Policy.

The welfare of each

The welfare of the
and every citizen is
Scope of entire community is
promoted through
Welfare fostered with the help
the Fundamental
of Directive Principles.
Rights.
 Violation of Directive
As per the law, the
Principles is not a
violation of
Punishability punishable crime
Fundamental Rights is
unlike violation of
punishable.
Fundamental Rights.

Directive Principles
Fundamental Rights
are not justiciable as
are justiciable as they
they cannot be
Enforceability can be enforced
enforced by the
legally by the courts if
courts if there is a
there is a violation.
violation.

If there is a law in
If there is a law which
violation of Directive
is in violation of
Principles, then the
fundamental rights
Judicial Power courts do not have
then the courts can
the power to declare
declare it as invalid
it as invalid and
and unconstitutional.
unconstitutional.

Directive Principles
Fundamental Rights
are directions for the
are sometimes
Nature of Government in
considered as a kind
Imposition helping it to achieve
of restrictions
some particular
imposed on the State.
objectives.

Suspension Fundamental rights Directive Principles of

during can be suspended State Policy can never
Emergency during a national be suspended under
emergency. But the any circumstances.
rights guaranteed
under Articles 20 and
21 cannot be
 suspended.

Directive Principles of
Fundamental Rights State Policy were
were borrowed from borrowed from the
Origin and
the Constitution of Constitution of
Source
the United States of Ireland, which was in
America. turn copied from the
Constitution of Spain.

73rd and 74th Amendment Act

Introduction

The 73rd Amendment Act was passed in 1992 and came into effect on 24th
April 1993 which inserted Part IX consisting of Article 243 to 243-O, and
the Eleventh Schedule enumerating 29 functional items.

The 74th Amendment Act was passed in 1992 and came into effect on 1st June
1993 which inserted Part IX-A consisting of Article 243-P to 243-ZG, and the
Twelfth Schedule enumerating 18 functional items.

The 73rd Amendment Act gave certain powers to the state government to
constitute gram panchayats at a local level and provide them with all the
necessary assistance to operate as a unit of self-governance.

The 74th Constitutional Amendment Act of 1992 established the Municipalities

or Urban Local Governments system as a constitutional entity.

In India, the phrase “Urban Local Government” refers to the process through
which the electorate governs an urban region. An urban local government can
only regulate activities inside a given urban region that the state government
has designated.

What is 74th Constitutional Amendment Act?

Decentralization of powers and authorities to Urban Local Bodies (ULB) at
various levels was mandated by the 74th Amendment Act. Additionally, this
amendment attempted to establish an institutional structure that would permit
entry through autonomous local governments in the nation’s cities.

In order for urban governments to successfully serve as local government units,

the legislation intends to revitalise and enhance them.

Additionally, it granted the ULBs the authority to carry out the 18 tasks stated in
the Indian Constitution’s 12th Schedule.

A fundamental basis for the decentralisation of rights and authorities to

Municipal organisations at various levels is provided by the 74th Amendment
Act of 1992. However, it is the States’ job to give it a concrete form.

What is the 73rd amendment act? (Panchayati Raj)?

The 73rd Amendment envisages the Gram Sabha as the foundation of the
Panchayat Raj System to perform functions and powers entrusted to it by the
State Legislatures.

three-tier Panchayat Raj System at the village, intermediate, and district levels
is provided by the amendment. With the help of this clause, India’s Panchayati
Raj system became uniform. At every level of the Panchayat, there is a provision
for the reservation of seats for SCs and STs.

The Act empowered state governments to take the necessary steps that would
lead to the formalisation of the gram panchayats and help them operate as
units of self-governance.
Objectives of the 73rd Amendment Act

 The 73rd Amendment Act’s primary goal was to democratically

decentralise authority and resources from the centre to locally
elected officials in order to increase citizen participation in
governance.
  Its goal relates to Article 40(DPSP) of the constitution, which calls for
the state to set up village panchayats and give them the requisite
authority and powers to function as self-governing entities.

Objectives of 74th Amendment Act

 Municipalities now have constitutional status thanks to the statute.

They now fall under the protection of the Constitution’s justiciable
provisions as a result.
 In other words, state governments must implement the new
municipal system in compliance with the act’s requirements within
the terms of their constitutions.
 In order for municipal governments to properly serve as local
government units, the legislation aims to improve and reinvigorate
them.

Constitutional provisions of the Amendment

1. Panchayati Raj Institutions (PRIs) were made constitutional bodies.

2. Every state had an obligation to establish panchayats in their territories.
(Article 243-B)
3. The State has the responsibility to develop powers, responsibilities, and
authorities to the panchayats. (Article 243-G)
4. The panchayats are elected for a tenure of 5 years.(243-E)
5. The amendment provides for a mechanism for the state election
commission to conduct independent elections for the village
panchayats.(243-K)
6. The amendment provides for an adequate representation of women,
SCs, and STs in the village Panchayati Raj Institutions.(243-D)
7. It is the duty of the State Finance Commission to evaluate the financial
position of the village panchayats.(243-I)

Constitutional provisions of the Amendment

1. Municipalties were made constitutional bodies.

2. Every state had an obligation to establish Municipalties in their
territories. (Article 243-B)
 3. The State has the responsibility to develop powers, responsibilities, and
authorities to the panchayats. (Article 243-W)
4. The municipalities are elected for a tenure of 5 years.(243-U)
5. The amendment provides for a mechanism for the state election
commission to conduct independent elections for the Municipalities.
(243-ZA)
6. The amendment provides for an adequate representation of women,
SCs, and STs in the municipalities. (243-T)
7. It is the duty of the State Finance Commission to evaluate the financial
position of the municipalities.(243-Y)

Features of the Amendments

 Local Self-Governance: The 73rd and 74th Constitution Amendment Acts
established local self-governance in rural and urban India, respectively.
 Institutions of Self-Government: Panchayats and municipalities became
“institutions of self-government.”
 Empowering Gram Sabha and Ward Committees: The gram sabha
became the foundational unit of village democracy, while municipalities
formed “ward committees.” These bodies included all adult citizens
registered as voters, holding the panchayat or municipality accountable.
 Direct Elections: Direct elections introduced for all three governance tiers:
gram panchayat at the village level, taluka or block panchayat at the
intermediate level, and zila panchayat or parishad at the district level.
States with populations under 20 lakhs were exempt.
 Women’s Reservation: One-third of seats were reserved for women, with
an additional 33% reservation for SCs and STs. Office-bearer and
chairperson positions at all levels also reserved for women.
 Fixed Tenure: Each body had a five-year tenure, and elections for
successor bodies had to conclude before the previous body’s term ended.
In cases of dissolution, elections had to occur within six months.
 State Election Commissions: Each state established a State Election
Commission for electoral roll supervision.
 Development Planning: Panchayats were tasked with creating economic
development and social justice plans, covering subjects in the Eleventh
Schedule, such as agriculture, land, irrigation, animal husbandry, fisheries,
cottage industries, and drinking water.
  District Planning Committees: The 74th Amendment introduced District
Planning Committees to consolidate plans prepared by panchayats and
municipalities.
Devolution of financial and administrative powers in 73rd and 74th amendment
act 1992
Devolution of Financial Powers:
1. The 73rd and 74th Amendments mandated the establishment of State
Finance Commissions (SFCs) to recommend the principles governing the
distribution of finances between the state government and local bodies.
2. These amendments ensured that a certain percentage of the state's
revenue, called the "State Finance Commission Grant," was earmarked for
the local bodies. This grant is to be provided to the Panchayats and
Municipalities based on the recommendations of the SFCs.
3. The State Finance Commissions also determined the allocation of
resources among local bodies within the state, ensuring financial
autonomy and empowerment at the grassroots level.
4. Additionally, the amendments empowered local bodies to levy and collect
certain taxes, fees, and duties, thereby enhancing their revenue generation
capacity.
Devolution of Administrative Powers:
1. The 73rd and 74th Amendments devolved administrative powers to the
Panchayats and Municipalities to enable them to function as institutions of
self-government effectively.
2. They conferred upon these local bodies the authority to prepare plans for
economic development and social justice, including plans for local
development and social welfare programs.
3. The amendments also mandated the establishment of State Election
Commissions to conduct regular elections to local bodies, ensuring their
democratic functioning.
4. Furthermore, they empowered local bodies to manage and regulate
various local services and utilities, such as water supply, sanitation, public
health, urban planning, and rural development, according to local needs
and priorities.
Overall, the 73rd and 74th Constitutional Amendments were instrumental in
decentralizing power and authority, empowering local self-government
institutions, and promoting grassroots democracy. By devolving both financial
and administrative powers to the Panchayats and Municipalities, these
amendments aimed to ensure more effective and responsive governance at the
local level, thereby fostering inclusive and sustainable development across the
country.

Panchayats: Constitution, Coposition, Powers,

Responsibilities and Election (Constitutional Provisions)

Introduction
The Panchayat Raj System came into the existence after the 73rd Amendment
Act of 1992 which added "Part 9: Panchayat" with 11th schedule having 29
functional items into the constitution. The provisions of Panchayat are given
from Article 243 to 243-O
However, the Constitution did not lay an obligation upon governments to
constitute panchayats. The Panchayat Raj System is result of Article 40 of
Directive Principles of State Policy which directs the state to establish village
panchayats with necessary powers and authority which enable the to function
as unit of self-government, but this was not mandatory.
The first Panchayati system (called “Panchayati Raj”) came up in Nagaur city of
Rajasthan in 1959 as per the recommendations of the Balwant Rai Committee.
Gradually, this system was adopted by other states like Andhra Pradesh and
Maharashtra.
Thus, Article 40 was finally solidified in Part IX by the Constitution (Seventy-Third
Amendment) Act, 1992.
Definitions
As per Article 243(b) "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;
As per Article 243 (d) Panchayat” means an institution (by whatever name
called) of self-government constituted under article 243B, for the rural areas;
As per Article 243(e) “Panchayat area” means the territorial area of a
Panchayat.
Gram Sabha (243-A)
The very basic unit of the Panchayati system is the Gram Sabha. It has been
defined by Article 243(b) of the Constitution as the body of all the persons
registered on the electoral rolls of a village.

This permanent body is the body of the electorate. This means that all other
institutions – Gram Panchayat, Zilla Parishad, etc. (which we will be talking
about later) – are elected by the Gram Sabha. Moreover, the Gram Sabha acts
as a forum where people can discuss matters of governance and development.

Therefore, Gram Sabha is the primary and fundamental component of the local
self-government system. However, the extent of its powers depends upon the
policy of the state in which the village is located, as mentioned in Article 243A.

The membership of a Gram Sabha is restricted to persons above the age of 18

living in that village. This is done so that the best decisions, which are in line
with the interests of the village, can be made.

Constitution of Panchayats (234-B)

Under Article 243(d) of the Indian Constitution, ‘panchayat’ has been defined as
an institution of self-government in rural areas.

Article 243B provides for the establishment of a three-tier Panchayati system:

1. At the village level i.e. Gram Panchayat

2. At the intermediate level i.e. Panchayat Samiti
3. At the district level i.e. Zila Parishad
Intermediate-level panchayats, however, only exist in states where the
population exceeds twenty lakhs.

Gram Panchayat
Gram Panchayat is the lowest level in the panchayat pyramid system.

Each village is divided into even smaller units called wards, each of which selects
a representative of its own. 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.

The main work of the Gram Panchayat is to take care of social issues, construct
and maintain schools, roads and drainage facilities, etc., and to levy and collect
local taxes.

The Gram Panchayat is accountable to the general body of voters in the village,
i.e. the Gram Sabha, as well as to the two levels of authority above it in the
hierarchy.

Panchayat Samiti

The Panchayat Samiti is the next level in the hierarchy. It oversees the working
of the Gram Panchayats of all the villages located in the block under its
jurisdiction.

The Panchayat Samiti is headed by the Pradhan. He or she is elected by a group

consisting of all the members of the Panchayat Samiti as well as all the Panchs
of the Gram Panchayats coming under it.

Zila Parishad

Also known as District Panchayat, this is the highest level of panchayat in the
hierarchy of rural self-government. It oversees the working of the Panchayat
Samitis of all the blocks in the district of its jurisdiction, as well as all the Gram
Panchayats under them. Moreover, it controls the distribution of funds among
all the Gram Panchayats. It is responsible for making developmental plans at the
district level.

The Zila Parishad is headed by the Chairman. It also has a Chief Executive Officer
as a member, who is elected by the State government.

Composition of Panchayats
All the members of the three levels in the panchayat hierarchy are elected by
the eligible voters living in the area. However, the state can also make
provisions for the representation of Members of 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.

A large number of panchayats are constituted in a single state. It is preferable

that the ratio between the population and territory under one panchayat and
the number of seats in it be the same throughout the state.

Each area having a single panchayat is divided into constituencies for the
purpose of conducting elections. It is also desirable that the ratio between the
population of each constituency and the number of seats allotted to it be the
same throughout the panchayat area.

Duration of Panchayats

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 a
period of 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.

Disqualifications for Membership

A person can be disqualified from the membership of the panchayat in certain

situations. As per Article 243F of the Constitution, this can happen when the
person has been disqualified from membership of the Legislature of the Union
or the State because of any reason, or if he has been specifically disqualified
from membership of the panchayat by any law.

If a question arises regarding the disqualification of membership of any person,

then it will be solved by the authority and by the process which the Legislature
decides.

Application of this Part to Union Territories (Article 241-L)

The Constitution states that the provisions related to panchayats shall apply to
Union Territories in the same way as in the case of the states, but the President
may, by public notification, make any modifications in this provision.

Part IX does not apply to certain areas

There are certain areas in India that stand as exceptions to Part IX of the
Constitution. This means that the state cannot establish panchayats in those
areas. The areas which are provided as exceptions by Article 243M are
mentioned below:

1. The Scheduled Areas and tribal areas in the states of Assam, Meghalaya,
Tripura, and Mizoram
2. The states of Nagaland, Meghalaya, and Mizoram
3. The hilly areas in the state of Manipur and the district of Darjeeling.

Continuance of existing laws and Panchayats: Article 243-N

Even before the enactment of the 73rd Amendment in 1992, there existed
certain laws and provisions relating to Panchayats in various states. Article
243N, therefore, provides that any such laws and provisions would continue to
be in force even if they were inconsistent with Part IX of the Constitution unless
they were specifically repealed or amended by a competent Legislature or any
other competent authority.

Bhanumati Etc. v. State of U.P. (2010)

The court dismissed the appeal, saying that the Constitution grants the State the
power to fixate specific rules regarding election and membership. Therefore,
the no-confidence motion was sustained.

Thus, this case is an example of the membership of a person to a Zila Parishad

being under threat of disqualification under existing State law, and how the
court upheld that motion.
Powers, Authority and Responsibility of Panchayats

Panchayats have the power to prepare the plans and schemes for economic
development and promotion of social justice in the village. They are responsible
for preparing practical and well-thought-out plans which will enable the
furtherance of the interests of the villagers. As per Article 243G, it is the State
which determines the specific scope and extent of the powers of the panchayat
in the above matters.

Some major functions of a panchayat are as follows:

1. Providing necessary facilities like sanitation and medical assistance,

schools, irrigation, roads, drinking water, etc.
2. Making annual developmental plans for the area and preparing schemes
for more scientific agriculture, employment generation, etc.
3. Making the annual budget and managing the finances of the area.
4. Implementing and coordinating schemes launched by the Central and
State governments, like the Public Distribution System.

Powers to impose Taxes and Funds of Panchayats

Clearly, there are a lot of functions that a panchayat has to perform. And as we
know, nothing in this world is free; to do anything, we need monetary
resources. Where, then, do the monetary resources of the panchayats come
from?

All of us pay taxes to the government on our incomes and expenditures. This
acts as a source of revenue for the government. Some of these funds are
appropriated to the panchayats. Also, in the same way as the government,
panchayats too collect their own taxes, tolls, and fees from the people to keep
their gears running smoothly.

Article 243H mentions that the State can take decisions to:

1. Grant the requisite power to the panchayat to levy taxes, tolls, and fees.
2. Assign to the panchayat some of the money collected by it in similar
ways.
3. Make grants to the panchayat, or create funds for it.
Finance Commission
To make the above-discussed process of mobilisation of funds for the
panchayats easier, the Constitution has provided for the creation of a Finance
Commission by the Governor under Article 243I. Enumerated below are the
main provisions of this Article.

1. The Finance Commission appointed by the Governor would review the

financial position of the panchayat and make recommendations in two
matters: how to distribute the money between the state and the
panchayat, and how to improve the financial position of the latter.
2. The Legislature would decide the composition of the Commission, the
qualification of its membership, as well as the powers it would hold.
3. The Governor shall communicate all the recommendations made by the
Commission to the state as well as the measures it should take to
implement them.

Audit of Accounts of Panchayats

As per the Constitution of India (Article 243J), State governments have the
power to determine who will audit the accounts of panchayats and what
procedure will be followed in their own states.

Election to the Panchayats

The provision for an election to panchayats has been enshrined in Article
243K of the Indian Constitution. It says that the Panchayat elections are to be
conducted and overseen by the State Election Commissions. Therefore, the
election rules can vary from state-to-state.

Reservation of seats in Panchayats

The Drafters of our Constitution were aware of the reality of the rampant
discrimination in India at the time of independence – which, unfortunately, has
not completely died down even today. Keeping that in mind, they made special
provisions for the representation of marginalised communities in the local self-
government too. This was done to ensure that women, members of the
downtrodden castes, etc. in the rural areas also get the opportunity to have
their voices heard.
Article 243D of the Indian Constitution gives the provisions for reservation of
seats in the panchayats for certain communities. They have been briefly
described below.

1. Seats should be reserved for members of Scheduled Castes and

Scheduled Tribes in the panchayat, in the same proportion which their
population bears to the total population of the village.
2. At least one-third of the above-mentioned seats should be reserved for
women belonging to Scheduled Castes and Scheduled Tribes.
3. At least one-third of the total seats in the panchayat should be reserved
for women (including the seats reserved under Clause 2).
Courts to not interfere in electoral matters

Article 243O of the Constitution bars courts from interfering in the matters of
panchayats, like delimitation or allotment of seats. Courts have no jurisdiction in
electoral matters of a panchayat. This means that if there are any disputes in an
election process, the court cannot step in to resolve them. A panchayat’s
elections can be questioned only by an election petition presented before the
authority that the State government has prescribed.

Problems of panchayats

Panchayats, or local self-government bodies at the village or rural level in India,

face several challenges that hinder their effective functioning and ability to
address local issues. Some of the common problems of panchayats include:
1. Limited Resources: Panchayats often lack adequate financial and human
resources to carry out their mandated functions effectively. Insufficient
funds and staffing can hinder their ability to deliver essential services and
implement development projects.
2. Dependency on Higher Authorities: Panchayats may face interference or
control from higher levels of government, limiting their autonomy and
decision-making powers. Bureaucratic red tape and administrative hurdles
can delay or obstruct local initiatives.
3. Weak Capacity and Skills: Many panchayat members lack the necessary
training, skills, and knowledge to perform their roles effectively. Limited
 capacity in areas such as planning, budgeting, project management, and
governance can impede the efficient functioning of panchayats.
4. Political Interference and Factionalism: Panchayats often become arenas
for local political competition and factionalism, leading to instability,
corruption, and favouritism in decision-making processes. Political
interference can undermine the impartiality and accountability of
panchayat institutions.
5. Social and Gender Inequality: Traditional social hierarchies and gender
biases persist in many rural areas, affecting the participation and
representation of marginalized groups, including women, Scheduled Castes
(SCs), and Scheduled Tribes (STs), in panchayat governance. Discrimination
and exclusion limit the inclusiveness and effectiveness of panchayats in
representing diverse community interests.
6. Infrastructure and Service Delivery: Inadequate infrastructure, including
roads, water supply, sanitation, and healthcare facilities, remains a
significant challenge in many rural areas. Panchayats often struggle to
address these basic needs due to resource constraints and administrative
barriers.
7. Corruption and Mismanagement: Instances of corruption,
mismanagement, and embezzlement of funds are prevalent in some
panchayats, undermining public trust and confidence in local governance
institutions. Lack of transparency, accountability mechanisms, and
oversight exacerbate these issues.
8. Coordination and Collaboration: Poor coordination and collaboration
between different tiers of government, as well as between government
agencies and non-governmental organizations (NGOs), can lead to
duplication of efforts, inefficiencies, and gaps in service delivery.
Addressing these challenges requires concerted efforts from various
stakeholders, including policymakers, elected representatives, civil society
organizations, and local communities, to strengthen the institutional capacity,
transparency, accountability, and inclusiveness of panchayats in India.

Municipalities: Constitution, Coposition, Powers,

Responsibilities and Election (Constitutional Provisions)
Introduction
The Municipalities came into the existence after the 74th Amendment Act of
1992 which added "Part 9-B: Municipalities" with 12th schedule having 18
functional items into the constitution. The provisions of Panchayat are given
from Article 243-P to 243-ZG
This allowed the members of a particular urban locality to come together and
work towards solving the issues in their area and implementing plans for its
development. These self-government bodies are known as Municipalities.

The advantage of the municipal system is that after people have elected their
representatives, they have someone to approach for expressing their
grievances, and someone they can hold accountable for the management of the
locality.

Definitions
The municipality has been defined in Article 243P as simply an institution of self-
government in an urban area, constituted under Article 243Q.

It has also defined district as a district in a state (243-P (b); and a metropolitan
area as an area having a population of ten lakhs or more, comprising of multiple
districts and consisting of multiple municipalities or panchayats(243-P(c)).

Constitution of Municipalities

The Constitution, in Article 243Q, provides for the rules regarding the
constitution of municipalities. According to it, three types of municipalities are
to be created:

1. Nagar Panchayats, for transitioning areas (areas turning from rural to

urban)
2. Municipal Councils, for smaller urban areas
3. Municipal Corporations, for larger urban areas
Most of the members of municipalities are elected, while there may be some
who are nominated by virtue of their special knowledge and expertise. The state
may also provide for representation of members of the Legislative Assembly and
Legislative Council in the municipality.
Nagar Panchayats

Also called Notified Area Committee, it is set up in an area that does not qualify
completely as an urban area but which the government considers important. It
is set up in areas having more than 11,000 but less than 25,000 people living.

The members of a Nagar Panchayat are called ward members. They are headed
by a chairman.

Municipal Councils

Also called Nagar Palikas, they are established in areas having more than
1,00,000 but less than 10,00,000 people living.

Its members are also called ward members, and they elect a President to head
them. Apart from that, the State appoints a Chief Officer and other officers like
health officer, education officer, etc. to manage the affairs of the municipal
council.

Municipal Corporations

A Municipal Corporation is also called a Nagar Nigam or a Mahanagar Palika. It is

the top tier municipality and enjoys the highest degree of autonomy. Municipal
Corporations are established in urban areas having a population of more than 1
million.

The biggest Municipal Corporations are found in the major metropolitan cities
of India like Delhi, Mumbai, Chennai, Kolkata, etc.

Wards Committees

For the purpose of conducting elections to the municipality, the area under its
jurisdiction is divided into Wards. These Wards also have their own Committees,
consisting of one or more wards within the area of all municipalities having a
population of 3 lakh or more.

Composition of Municipalities: According to Article 243R, municipalities in

urban areas are to consist of the following members:
 a. Directly Elected Members: A certain number of members are to be elected
by the residents of the municipal area through direct elections. These
members are chosen through a process of democratic voting.
b. Chairperson: Each municipality shall have a chairperson who is elected by
the members of the municipality from among themselves.
c. Reservation of Seats: Seats in the municipality are reserved for Scheduled
Castes (SCs), Scheduled Tribes (STs), and women. The proportion of seats
reserved for these categories is determined by the state legislature.
d. Representation of Wards: The municipal area is divided into wards, and
members are elected to represent each ward. The number of wards and
the delimitation of constituencies are determined by the State Election
Commission based on population size and other relevant factors.
e. Nominated Members: Apart from directly elected members, certain
municipalities may have nominated members who represent special
interests, such as experts in urban planning, finance, or social work. These
nominated members are appointed by the state government.
Duration of Municipalities
The Constitution has specified the exact duration of operation of a municipality
in Article 243U. It states that every municipality shall continue to be in force for
a period of 5 years unless it is dissolved earlier by any law.

It also says that election to a municipality should be completed before its expiry
or 6 months before its dissolution.

Kishan Singh Tomar v. Municipal Corporation of the City of Ahmedabad (2007)

The court acknowledged that Article 243U’s provision in this matter was given
so as to prevent mischief or delay in the election process. The State Election
Commission needed to work independently and with authority, and complete
the elections before the expiration of the duration of the current municipal
corporation in Ahmedabad.

Disqualifications for Membership

A person can be disqualified from the membership of the municipality in certain

situations. As per Article 243V of the Constitution, this can happen when the
person has been disqualified from membership of the Legislature of the Union
or the State because of any reason, or if he has been specifically disqualified
from membership of the municipality by any law.

If the question arises regarding the disqualification of membership of any

person, then it will be solved by the authority and by the process which the
Legislature decides.

Application to Union Territories

The Constitution states that the provisions related to municipalities shall apply
to Union Territories in the same way as in the case of the states, but the
President may, by public notification, make any modifications in this provision.

Part IX-A does not apply to certain areas

There are certain areas in India that stand as exceptions to Part IX of the
Constitution. This means that the state cannot establish municipalities in those
areas. The areas which are provided as exceptions by Article 243ZC are
mentioned below:

1. The Scheduled Areas and tribal areas in the states of Assam, Meghalaya,
Tripura, and Mizoram
2. The Darjeeling Gorkha Hill Council.
However, the Constitution also says that the Parliament can choose to extend
the provisions of Part IX to the Scheduled Areas mentioned above, subject to
certain exceptions and modifications specified by law.

Continuance of existing laws and Municipalities

Even before the enactment of the 74th Amendment in 1992, there existed
certain laws and provisions relating to Municipalities in various states. Article
243ZF, therefore, provides that any such laws and provisions would continue to
be in force even if they were inconsistent with Part IX of the Constitution unless
they were specifically repealed or amended by a competent Legislature or any
other competent authority.

It also states that municipalities existing before the enactment of the new law
shall continue to be in force until their expiration unless specifically dissolved by
the Legislative Assembly (and also the Legislative Council, if it exists in the
state).

Amendment of Article 280

A major step was taken regarding self-government bodies in tribal areas in 2019
with the 125th Amendment to the Constitution, which sought to change Article
280 and the Sixth Schedule. This amendment provided for significant
improvement in the financial resources and powers of the autonomous District
councils in the predominantly-tribal states of Assam, Meghalaya, Mizoram, and
Tripura.

It also provided for elected and more empowered village councils who could
prepare plans for economic development and social justice in the area – dealing
with important matters like agriculture and irrigation, forests, etc.

Powers, authority and responsibilities of Municipalities

Municipalities play a very important role in regulating the affairs of the localities
– ensuring access to civic amenities and formulating plans for development.

As per Article 243W of the Constitution, the Legislature of the State endows its
municipalities with the authority to formulate plans for economic development
and social justice in the locality and to perform the functions entrusted to them
which are necessary for the management of the area.

The main functions of a municipality include:

1. Construction of buildings and regulation of land use

2. Managing the water supply
3. Protecting natural resources and regulating their use
4. Ensuring public health and proper sanitation
5. Construction of schools in the locality

Power to impose taxes and funds of the Municipalities

A municipality needs funds and resources to perform its wide range of
functions. There are certain methods laid-out in Article 243X of the Constitution
through which municipalities mobilise funds. The process is very similar to the
one followed by panchayats, so let’s have a quick look at the provisions of this
Article.

The Constitution provides that the State can take decisions to:

1. Grant the requisite power to the municipality to levy taxes, tolls, and
fees.
2. Assign to the municipality some of the money collected by it in similar
ways.
3. Make grants to the municipality, or create funds for it.

Finance Commission
Just like in the case of panchayats, the Constitution has provided for the
creation of a Finance Commission for municipalities by the Governor
under Article 243Y. Enumerated below are the main provisions of this Article.

1. The Finance Commission appointed by the Governor shall review the

financial position of the municipality and make recommendations in two
matters: how to distribute the money between the state and the
municipality, and how to improve the financial position of the latter.
2. The Legislature would decide the composition of the Commission, the
qualification of its membership, as well as the powers it would hold.
3. The Governor shall communicate all the recommendations made by the
Commission to the state as well as the measures it should take to
implement them.

Audit of Accounts of the Municipalities

As per the Constitution of India (Article 243Z), State governments have the
power to determine who will audit the accounts of municipalities and what
procedure will be followed in their own states.

Election to the Municipalities

Elections to municipalities are conducted under the guidance and control of the
State Election Commission, as given in Article 243ZA. This means that election
rules in a particular municipality depend on the policy of the government of the
State in which it lies.

Reservation of seats in Municipalities

Special provisions have been made for the representation of marginalised

communities in the urban local self-governments. This has been done to ensure
that women, members of the downtrodden castes, etc. also get the opportunity
to have their voices heard.

Article 243T of the Indian Constitution gives the provisions for reservation of
seats in the municipalities for certain communities. They have been briefly
described below.

1. Seats should be reserved for members of Scheduled Castes and

Scheduled Tribes in the municipality, in the same proportion which their
population bears to the total population of the locality.
2. At least one-third of the above-mentioned seats should be reserved for
women belonging to Scheduled Castes and Scheduled Tribes.
3. At least one-third of the total seats in the municipality should be
reserved for women (including the seats reserved under Clause 2).
4. The offices of the Chairpersons shall be reserved for Scheduled Castes,
Scheduled Tribes and women as the Legislature decides.

Saraswati Devi v. Smt. Shanti Devi and Ors. (1997)

The court held that as the respondent was elected as a member not on a
reserved seat but a seat for General category of women, she could not be
included in the eligible Scheduled caste candidates for Presidentship.

While she did belong to the Scheduled Caste category, she and the appellant
were not in the same category for the purpose of elections. Including her would
mean that all the elected members belonging to Scheduled Castes were in one
category and thus, could contest for the post of President, which would distort
the reservation scheme given in Article 243T of the Constitution of India.

Reservation of seats for Backward class of citizens

The Article also says that nothing in Part IX-A shall prevent the Legislature of a
State from making provisions for reservation of seats in a Municipality for
citizens belonging to backward classes. This means that the Legislature has the
opportunity to take the existing reservation provisions forward and extend
them to backward classes if it feels the need to do so.

Courts to not interfere in electoral matters

Article 243ZG of the Constitution bars courts from interfering in the matters of
municipalities, like delimitation or allotment of seats. Courts have no jurisdiction
in electoral matters of a municipality.

This means that if there are any disputes in an election process, the court
cannot step in to resolve them. A municipality’s elections can be questioned
only by an election petition presented before the authority that the State
government has prescribed.

Weaknesses of municipalities and measure to improve them

Municipalities play a crucial role in urban governance, but they also face several
weaknesses that hinder their effective functioning. Here are some common
weaknesses and measures to improve them:
Weaknesses:
1. Limited Financial Resources: Municipalities often struggle with insufficient
financial resources to meet the growing demands for urban infrastructure,
services, and development projects.
2. Lack of Administrative Capacity: Many municipalities lack the
administrative capacity, expertise, and skilled manpower needed to plan,
manage, and implement urban development initiatives effectively.
3. Political Interference: Municipalities may face undue political interference,
which can undermine their autonomy, decision-making processes, and
effectiveness in addressing local issues.
4. Corruption and Mismanagement: Instances of corruption,
mismanagement, and embezzlement of funds are prevalent in some
municipalities, leading to inefficiency, wastage of resources, and public
distrust.
 5. Weak Citizen Participation: Limited citizen engagement and participation
in municipal governance processes often result in disconnected decision-
making and inadequate responsiveness to local needs and priorities.
6. Inadequate Infrastructure and Service Delivery: Many municipalities
struggle to provide basic infrastructure and services such as water supply,
sanitation, solid waste management, and transportation due to inadequate
planning, funding, and implementation.
Measures to Improve:
1. Enhance Financial Autonomy: Empower municipalities with greater
financial autonomy, including increased revenue generation powers, access
to local taxes and fees, and transparent fiscal transfers from higher levels
of government.
2. Capacity Building: Invest in building the administrative capacity of
municipalities through training programs, workshops, and technical
assistance in areas such as urban planning, financial management, project
implementation, and service delivery.
3. Ensure Political Accountability: Strengthen mechanisms for political
accountability and transparency in municipal governance, including
independent oversight bodies, citizen monitoring, and grievance redressal
mechanisms.
4. Combat Corruption: Implement anti-corruption measures such as
transparent procurement processes, public disclosure of financial
transactions, whistleblower protection, and strict enforcement of
accountability mechanisms.
5. Promote Citizen Engagement: Foster greater citizen participation in
municipal decision-making processes through mechanisms such as town
hall meetings, public consultations, participatory budgeting, and citizen
feedback mechanisms.
6. Improve Infrastructure Planning and Management: Enhance
infrastructure planning, prioritization, and management processes through
comprehensive urban planning, multi-stakeholder collaboration, and the
use of technology for monitoring and evaluation.
By addressing these weaknesses and implementing measures to strengthen
municipal governance, local authorities can become more responsive,
accountable, and effective in meeting the diverse needs of urban residents and
promoting sustainable urban

Election commission: Constitution, Functions, Powers,

Responsibilities
Introduction
The Election Commission is an autonomous body established by the
Constitution to ensure free, fair and impartial elections. According to Article
324(1) of the Indian Constitution, the power of the Election Commission are of
superintendence, direction, and control of the elections to the Lok Sabha, Rajya
Sabha, State Legislative assemblies and councils, and the offices of the President
and Vice President. It is not concerned with elections of panchayats and
municipalities in states as the administration of those elections is done by the
State Election Commission in each state.

Composition of the Election Commission

The following are the provisions made by Article 324 regarding the composition
of the Election Commission:

 As per Article 324(2), the Election Commission shall consist of the Chief
Election Commissioner and any number of other Election
Commissioners, if any.
 Article 324(2) also provides for the appointment of the Chief Election
Commissioner and the other Election Commissioners to be done by the
President of India.
 As per Article 324(3), in cases where another Election Commissioner is
appointed, the Chief Election Commissioner becomes the chairman of
the commission.
 As per Article 324(4), the President of India may also appoint regional
commissioners as he deems necessary to assist the election
commission; this can be done after consulting with the election
commission.
 Article 324(5) states that the tenure and the conditions of the work to
be done by the election commissioners and the regional commissioners
will be determined by the President of India. It also provided that the
 chief election commissioner and the two other election commissioners
have equal powers and they also receive equal salary and allowances,
these are similar to those of a Judge of the Supreme Court.

Functions of the Election Commission

The following are the functions of the Election Commission as per Article
324(1):

1. The superintendence, direction, and control of the preparation of the

electoral rolls for the elections.
2. Conducting elections to the Parliament as well as the legislatures of all
the states.
3. Conducting elections to the offices of the President as well as the Vice-
President.
Article 324(6) states that when the Election Commission requires staff for the
purpose of the discharge of functions as mentioned in clause (1), the President
or the Governor shall make arrangements on its request.

Powers of the Election Commission

In Special Reference No.1 of 2002, the Supreme Court held that framing the
schedule for the election of the Legislative Assembly is exclusive to the Election
Commission. It is not subject to any law framed by the parliament.

The power exercised by the Election Commission must not be excessive or

absolute. The power vested in it under Article 324(1) must be executed within
limits set by law.

1. The Election Commission has the power to recognise political parties and
decide on the disputes arising among them.
2. It has the power to issue symbols, which is a part of its superintendence,
control, and direction as given under Article 324.
3. The Election Commission can also order repoll of an entire constituency
when it’s necessary. That would also come within the purview of Article
324.
4. It can also transfer officers to ensure that the fairness of elections is
maintained. However, such orders should not be arbitrary in nature.
In Union of India v. Association for Democratic Reforms (2002), the Supreme
Court issued certain questions to be asked by the Election Commission to the
contesting candidates, which are the following:

1. Whether the candidate has been linked to any criminal offence in the
past, and whether he was convicted, acquitted, or discharged? Was the
accused subjected to imprisonment or fine?
2. Whether the candidate has been named in any pending criminal case of
an offence punishable with imprisonment of 2 years or more, and
details regarding the charges framed.
3. The movable and immovable assets of candidates, their spouses, and
dependants.
4. Liabilities, especially pending dues to public financial institutions or the
government.
5. Educational qualification.
The Election Commission has the power to lay down the Code of Conduct for
the candidates and also take action against candidates who do not abide by it.

In the case of A.C. Jose v. Sivan Pillai (1984), the Supreme Court held that the
Election Commission can issue orders that are supplementary to the already
existing rules. However, they are subject to the following limitations:

1. When there is no parliamentary legislation or state legislature issued

rules, the commission can pass orders in respect of the conduct of
elections.
2. When there is an Act or Rule made regarding it, the commission cannot
pass any order overriding it.
3. When the Act or Rule is silent, the commission can use the power
vested in it by Article 324 to issue directions for the conduct of
elections.
4. When any direction of the commission is submitted to the government
for approval, the commission has to wait till its approved before
implementing it.
Responsibilities of election commission at the time of election
During elections, the Election Commission of India (ECI) assumes a range of
responsibilities to ensure the smooth conduct of the electoral process and
uphold the principles of free and fair elections. Some of the key responsibilities
of the Election Commission at the time of elections include:
1. Preparation of Electoral Rolls: The Election Commission oversees the
preparation and revision of electoral rolls to ensure the accuracy and
completeness of voter lists. This includes updating voter registration,
adding new voters, and removing ineligible or duplicate entries.
2. Delimitation of Constituencies: The Election Commission determines the
boundaries and demarcation of electoral constituencies for elections to
the Lok Sabha and State Legislative Assemblies. This involves revising
constituency boundaries based on population changes and other relevant
factors.
3. Election Schedule and Notification: The Election Commission announces
the schedule for elections, including the dates for filing nominations,
scrutiny of nominations, withdrawal of candidature, and polling days. It
also issues notifications for the conduct of elections in various
constituencies.
4. Nomination Process: The Election Commission oversees the process of
filing nominations by candidates contesting elections. It scrutinizes
nomination papers to ensure compliance with legal requirements and
eligibility criteria.
5. Voter Education and Awareness: The Election Commission conducts voter
education and awareness campaigns to inform citizens about the electoral
process, voting procedures, and the importance of participating in
elections.
6. Appointment of Polling Personnel: The Election Commission appoints
polling personnel, including presiding officers and polling staff, to oversee
the conduct of polling at polling stations on election day.
7. Security Arrangements: The Election Commission coordinates with law
enforcement agencies to maintain law and order during elections and
ensure the security of polling stations, candidates, and voters.
8. Electronic Voting Machines (EVMs) and Voter Verifiable Paper Audit Trail
(VVPAT): The Election Commission oversees the deployment of Electronic
Voting Machines (EVMs) and Voter Verifiable Paper Audit Trail (VVPAT)
 machines for conducting elections and ensures their proper functioning
and security.
9. Model Code of Conduct Enforcement: The Election Commission enforces
the Model Code of Conduct, which sets out guidelines for ethical conduct
by political parties and candidates during elections. It takes action against
violations of the code and monitors election expenditure.
10. Counting of Votes and Declaration of Results: The Election
Commission supervises the counting of votes cast in elections and declares
the results for each constituency in a transparent and timely manner.

Is right to vote a fundamental right?

In India, the right to vote is indeed considered a fundamental right, guaranteed

by various articles of the Constitution and supported by significant case law.
Here's a discussion with relevant articles and case laws:
Constitutional Provisions:
a. Article 326: Article 326 of the Indian Constitution explicitly grants the right to
vote as a fundamental right. It states that "the elections to the House of the
People and to the Legislative Assemblies of States shall be on the basis of adult
suffrage." This provision ensures that every citizen above a certain age (currently
18 years) has the right to vote in elections.
b. Article 325: Article 325 guarantees that no person shall be ineligible for
inclusion in any electoral roll or for voting in any election on grounds of religion,
race, caste, sex, or any of them.
c. Article 327: Article 327 provides for the power of Parliament to make
provisions with respect to elections to legislatures. It grants Parliament the
authority to enact laws related to the conduct of elections and the right to vote.
Case Laws:
a. Jagjit Singh vs. State of Haryana (2006): In this case, the Supreme Court of
India emphasized the importance of the right to vote as a fundamental right. It
held that the right to vote is a constitutional right that cannot be denied except
as provided by law. The court stressed that the right to vote is not only a
statutory right but also a fundamental right that forms the basis of democracy.
b. Association for Democratic Reforms vs. Union of India (2002): In this
landmark case, the Supreme Court ruled that the right to information of voters
is an integral part of their fundamental right to vote. The court held that voters
have a fundamental right to know the educational qualifications, criminal
records, and financial status of candidates contesting elections, as this
information is essential for making an informed choice while exercising their
right to vote.
c. Lily Thomas vs. Union of India (2013): In this case, the Supreme Court
reiterated the importance of the right to vote and upheld the constitutional
validity of Section 8(4) of the Representation of the People Act, which allows
convicted lawmakers to retain their seats during the pendency of appeals. The
court emphasized that the right to vote is a constitutional right that cannot be
taken away except by law.
These case laws, along with the relevant constitutional provisions, reaffirm the
status of the right to vote as a fundamental right in India. The judiciary has
consistently upheld the importance of this right in ensuring the functioning of a
vibrant and participatory democracy.

Panchayat Raj Act,1993: Constitution, Composition,

Duration, Qualification and Disqualification of Members,
Functions, Powers, Responsibilities
The Madhya Pradesh Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993,
provides a legal framework for the establishment, composition, duration,
qualifications, disqualifications, functions, powers, and responsibilities of
Panchayats in the state of Madhya Pradesh.
1. Constitution:
Section 3 of the MP Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993,
provides for the establishment of Panchayats at the village, intermediate
(block), and district levels.
2. Composition:
 Section 9 outlines the composition of Gram Panchayats (village level),
which includes elected members from each ward and the Sarpanch (village
head).
Section 11 specifies the composition of Janpad Panchayats (intermediate
level), which includes elected members, Sarpanches of Gram Panchayats,
and members of Legislative Assembly representing the area.
Section 13 details the composition of Zila Panchayats (district level),
comprising elected members, Sarpanches of Gram Panchayats, and
members of Legislative Assembly and Parliament representing the area.
3. Duration:
Section 10 stipulates that the term of office of members of Gram
Panchayats shall be five years from the date of their election.
Similar provisions for the duration of office are provided for Janpad
Panchayats (Section 12) and Zila Panchayats (Section 14).
4. Qualification and Disqualification of Members:
Section 17 specifies the qualifications for candidates seeking election to
Panchayats, including age, citizenship, and educational qualifications.
Section 18 lists grounds for disqualification, such as criminal convictions,
financial irregularities, and failure to meet eligibility criteria.
5. Functions:
Section 23 delineates the functions of Gram Panchayats, including rural
development, local governance, and provision of basic services such as
water supply, sanitation, and roads.
Similar functions for Janpad Panchayats (Section 24) and Zila Panchayats
(Section 25) are outlined in the Adhiniyam.
6. Powers:
Section 27 grants Gram Panchayats powers to levy and collect taxes, fees,
and other local revenues, subject to state government regulations.
Sections 28 and 29 provide similar powers to Janpad Panchayats and Zila
Panchayats, respectively.
 7. Responsibilities:
Panchayats are responsible for promoting participatory democracy,
grassroots development, and social justice in rural areas, as mandated by
various sections of the Adhiniyam.
They are tasked with upholding transparency, accountability, and good
governance in their operations and decision-making processes.
Madhya Pradesh Municipalities Act,1961: Constitution, Composition, Duration,
Qualification and Disqualification of Members, Functions, Powers,
Responsibilities (Nagar Palika Adhiniyam)

The Madhya Pradesh Municipalities Act, 1961, provides a legal framework for
the establishment, composition, duration, qualifications, disqualifications,
functions, powers, and responsibilities of municipalities in the state of Madhya
Pradesh.
1. Constitution:
The Madhya Pradesh Municipalities Act, 1961, provides for the
establishment and constitution of municipalities in urban areas of the
state.
2. Composition:
Section 3 of the Act outlines the composition of municipalities, including
Municipal Corporations, Municipal Councils, and Nagar Panchayats.
Municipal Corporations consist of elected members from wards within the
municipal area, along with nominated members representing specific
interests.
Municipal Councils and Nagar Panchayats also comprise elected members,
including a President or Chairperson, as well as nominated members.
3. Duration:
The term of office for members of municipalities is typically five years from
the date of their election or appointment, as specified in Section 10 of the
Act.
4. Qualification and Disqualification of Members:
 Section 11 of the Act specifies the qualifications for candidates seeking
election or appointment to municipalities, including age, citizenship, and
educational qualifications.
Section 12 lists grounds for disqualification, such as criminal convictions,
financial irregularities, and failure to meet eligibility criteria.
5. Functions:
Section 9 delineates the functions of municipalities, which include urban
planning, provision of essential services such as water supply, sanitation,
and roads, and promotion of local economic development.
Municipalities are responsible for local governance, administration of
justice, social welfare, and environmental conservation.
6. Powers:
Municipalities are granted powers to levy and collect taxes, fees, and other
local revenues, as specified in Section 58 of the Act.
They have authority over urban development activities, land use planning,
regulation of construction, and development within their jurisdiction, as
provided in various sections of the Act.
7. Responsibilities:
Municipalities are responsible for promoting participatory democracy,
citizen engagement, and community development in urban areas, as
mandated by various provisions of the Act.
They are tasked with upholding transparency, accountability, and good
governance in their operations and decision-making processes.
Overall, the Madhya Pradesh Municipalities Act, 1961, establishes a
comprehensive framework for urban governance and local self-government in
Madhya Pradesh, empowering municipalities to address the developmental
needs and aspirations of urban communities.

Doctrine of Distribution of Powers (Separation of powers)

Introduction
Under this rule the state is divided into three different branches- legislative,
executive and judiciary each having different independent power and
responsibility on them so that one branch may not interfere with the working of
the others two branches.
Basically, it is the rule which every state government should follow in order to
enact, implement the law, apply to specific case appropriately. If this principle is
not followed then there will be more chances of misuse of power and corruption
If this doctrine is followed then there will be less chance of enacting a tyrannical
law as they will know that it will be checked by another branch.
It aims at the strict demarcation of power and tries to bring the exclusiveness in
the functioning of each organ.
Meaning
The definition of separation of power is given by different authors. But in
general, the meaning of separation of power can be categorized into three
features:

 A person forming a part of one organ should not form part of another
organ.
 One organ should not interfere with the functioning of the other organs.
 One organ should not exercise the function belonging to another organ.
The separation of power is based on the concept of triaspolitica. This principle
visualizes a tripartite system where the powers are delegated and distributed
among three organs outlining their jurisdiction each.

he doctrine of separation of power in a rigid sense means that when there is a

proper distinction between three organs and their functions and also there
should be a system of check and balance.

The doctrine of separation of power in a broad sense means that when there is
no proper distinction between three organs and their functions.

If we go through the constitutional provision, we can find that the doctrine of

separation of power has not been accepted in a rigid sense in India. There are
personnel overlapping along with the functional overlapping. The Supreme
Court can declare any law framed by the legislature and executive void if they
violate the provisions of the Constitution. In the case of Indira Gandhi vs Raj
Narain, the court held that in our Constitution the doctrine of separation of
power has been accepted in a broader sense. Just like in American and Australia
Constitution where a rigid sense of separation of power applies is not applicable
in India. And same is also observed by justice Mukherjee in Ram Jawaya vs The
State of Punjab.

Although, there is an explicit provision in Constitution just like American

Constitution that executive power is vested in President under Article 53(1) and
in Governor under Article 154(1) but there is no provision which talks about the
vesting of legislative and judiciary power in any organ. We can conclude that
there is no rigid separation of power.

Three-tier machinery of state government

It is impossible for any of the organs to perform all the functions systematically
and appropriately. So, for the proper functioning of the powers, the powers are
distributed among the legislature, executive and judiciary. Now let’s go into the
further details of the functioning of each organ.

Legislative

The main function of the legislature is to enact a law. Enacting a law expresses
the will of the State and it also acts as the wain to the autonomy of the State. It
is the basis for the functioning of executive and judiciary. It is spotted as the first
place among the three organs because until and unless the law is framed the
functioning of implementing and applying the law can be exercised. The
judiciary act as the advisory body which means that it can give the suggestions
to the legislature about the framing of new laws and amendment of certain
legislation but cannot function it.

Executive

It is the organs which are responsible for implementing, carrying out or

enforcing the will of the state as explicit by the constituent assembly and the
legislature. The executive is the administrative head of the government. It is
called as the mainspring of the government because if the executive crack-up,
the government exhaust as it gets imbalanced. In the limited sense, executive
includes head of the minister, advisors, departmental head and his ministers.

Judiciary

It refers to those public officers whose responsibility is to apply the law framed
by the legislature to individual cases by taking into consideration the principle of
natural justice, fairness.

Constitutional status of separation of power in India

Going through the provisions of Constitution of India one may be ready to say
that it has been accepted in India. Under the Indian Constitution:

Parliament ( Lok Sabha and Rajya Sabha)

Legislatur
e State legislative bodies

At the central level- President

Executive
At the state level- Governor

Supreme Court, High Court and all other

Judiciary
subordinate courts
The Parliament is competent enough to make any law subject to the conditions
of Constitution and there are no restrictions on its law-making powers. The
president power and functions are given in the Constitution itself (Article 62 to
Article 72). The judiciary is self –dependent in its field and there is no
obstruction with its judicial functions either by Legislature or the Executive. The
High Court under Article 226 and Article 227 and Supreme Court under Article
32 and Article 136 of Constitution are given the power of judicial review and any
law passed by the legislature can be declared void by the judiciary if it is
inconsistent with Fundamental Rights (Article 13). By going through such
provisions many jurists are of opinion that doctrine of separation of powers is
accepted in India.
However, Article 50 of the Constitution of India talks about the separation of
the executive from the judiciary as being a Directive Principle of State Policy it is
not enforceable. Certain privileges, power, immunities are given to the Member
of Parliament under Article 105. This provision makes the legislature
independent. The executive power is conferred on President and Governor they
are being exempted from civil and criminal liabilities.
As executive power is vested in the president but in actuality, the real head is
Prime Minister of India along with Council of Minister and president is only a
nominal head. Article 74(1) talks that executive head has to conduct in
conformity with the aid and advice of Cabinet.
Ordinarily, all the legislative power is vested in the legislature but in certain
circumstances, the president may be empowered to exercise the legislative
power. For example, the president can issue ordinance under Article 123 when
the parliament is not in session, making the rules when there is an emergency.
Sometimes the president may also exercise judiciary power. When a president is
being impeached, both houses take active participation and finalize the charges.
In India, there is no separation of power but there is a separation of powers.
Hence, in India, the people are not stuck by the principle by its rigidity. For
example, the cabinet minister exercises both the executive and administrative
functions. Article 74(1) states that it is mandatory for the executive head to
comply with the advice of the cabinet ministers. In Ram Jawaya vs the State of
Punjab, it was held that the executive is a part of the legislature and is
accountable.

If we talk about the amending power of the Parliament under Article 368, it has
been subject to the concept of the basic structure held in case of Kesavananda
Bharati vs State of Kerala.

In this case, it was held that the Parliament couldn’t amend the provision in
such a way that violated the basic structure.

And if it is made in violation of basic structure then such amendment will be

declared as unconstitutional null and void.

Going through this case law regarding the Supreme court judgment it can be
observed that the basic structure cannot be amended and strict applicability of
doctrine can be seen.
Shankari Prasad Singh Deo v. Union of India (1951): In this case, the Supreme
Court upheld the constitutional validity of the First Constitutional Amendment
Act, 1951, which introduced Article 31A and Article 31B, giving Parliament the
power to amend Fundamental Rights.
S.R. Bommai v. Union of India (1994): In this case, the Supreme Court held that
the Governor's discretion in matters of government formation is not unfettered.
The court established that the majority test should be applied in determining
the existence of a constitutional crisis, and the Governor's discretion is subject
to judicial review.
Significance

As it is a very well-known fact that whenever a large power is given in the hand
of any administering authority there are higher chances of maladministration,
corruption and misuse of power. This doctrine helps prevent the abuse of
power. This doctrine protects the individual from the arbitrary rule. The
government is the violator and also protects individual liberty.

Summarily, the importance can be encapsulated in the following points:

 Ending the autocracy, it protects the liberty of the individual.

 It not only safeguards the liberty of the individual but also maintains the
efficiency of the administration.
 Focus on the requirement of independence of the judiciary
 Prevent the legislature from enacting an arbitrary rule.
Functional overlap among organs of the government
Overlapping powers of Legislature

With the Judiciary

1. Impeachment and dismissal of judges

2. Authority to revalidate legislation that the Court had deemed ultra vires
and amend them.
3. If its privilege is violated, it has the authority to penalise the offending
party.

With the Executive

 1. Members of the legislature serve as the leaders of each governmental
ministry.
2. It can dissolve the government with a vote of no confidence.
3. The ability to evaluate the executive’s job.
4. President’s impeachment.
5. Members of the legislature are chosen to the council of ministers, on
whose advice the President and Governor act.

Overlapping powers of Executive

With the Judiciary

1. Selecting candidates for the Chief Justice and other judicial positions.
2. The authority to commute sentences, reprieves, respites, or pardons for
those found guilty of crimes.
3. The tribunals and other quasi-judicial organisations of the executive
carry out judicial duties as well.
4. With the Legislative

1. The authority to enact an ordinance that carries the same weight as a

law passed by the state legislature or the parliament.
2. Subject to the limitations of this Constitution, they have the power to
enact rules governing their particular process and conduct of business.
3. Powers are granted by a delegated law.

Overlapping powers of Judiciary

With the Legislative

1. The Supreme Court serves as an Executive under Article 142 in order to

ensure full justice.

With the Executive

1. Legal review, or the authority to examine executive action to see if the

Constitution is being violated.
2. The basic structure of the Constitution cannot be changed.
Merits and demerits of separation of power
Merits:
Checks and balances prevent abuse of power.
Protects individual liberties by dispersing power.
Contributes to stability and predictability.
Allows for specialization in governance functions.
Demerits:
Can lead to gridlock and inefficiency.
Diffuses accountability, making it challenging for citizens.
Creates coordination challenges, hindering effective governance.
Fosters conflict between branches, impeding cooperation.
Overall, while the separation of powers promotes democracy, protects liberties,
and ensures accountability, it also poses challenges that need effective
management for smooth functioning.