Polity Handout-07
Polity Handout-07
Topics: -
1) Local Self-Government.
Local Self-Government
1) Panchayat.
2) Municipality.
Panchayat
Recommendations: -
• Panchayats should have Special powers to levy special tax on land revenues and home taxes/all
grants at the State level should be mobilized and sent in a consolidated form to various PR
institution.
• The Panchayati Raj institutions at the district and lower level should be assigned an important
role w.r.t. planning, implementation and monitoring of rural development programme.
iv) L. M. Singhvi Committee (1986): -
• Appointed in –
• 2-tier Panchayati Raj System should be introduced they are –
i) Zilla Parishad at District Level.
ii) Mandal panchayat below it.
Important Information: -
➢ Panchayat is subject under State list.
➢ Part – IX, Article – 243 to 243(0), Schedule – 11 Gandhian Principal.
➢ Election of Panchayat shall be conducted by the State Election Commission.
➢ DPSP of State policy which are related to Panchayat is the Article – 40. It deals with the
Organization of village Panchayat.
➢ Schedule – 11 has 29 subjects for the administration of Panchayat.
➢ 73rd Amendment Act, 1992 is related to the Panchayat. This Act came into force on 24 th April,
1993.
➢ One Panchayat can consist of maximum 20 villages.
➢ First Panchayat Raj System was introduced in India was Rajasthan at Nagor District on 2nd Oct,
1959.
➢ Second Panchayat Raj System was introduced in India in Andhra Pradesh at Kurnool District in
1959.
➢ West Bengal Panchayat Raj System introduced in 1978. 9th Panchayat Election in West Bengal
in 2018.
➢ The minimum age of the members of the Panchayat is 21 years.
➢ Duration of Panchayat is 5 years but it may be dissolved only by the State Government, if
necessary.
➢ The rural local self-Government is known as ‘Panchayat’.
➢ The father of local self-government is known as Lord Ripon.
➢ Ripon resolution was passed in the year 1882.
➢ The Bengal local self-government Act was passed in 1885 by Lord Dufferin.
➢ A community Development Programme covers about 100 villages.
➢ The lowest unit of administration in the Panchayati Raj System is Gram Panchayat.
➢ Gram Panchayat services at village level.
➢ Gram Panchayat consists of 1 to 20 villages (minimum & maximum)
➢ Minimum and maximum members of Gram Panchayat is 5 and 30 respectively.
➢ Chairman of Gram Panchayat is known as Panchayat Pradhan.
➢ Panchayat Pradhan shall be chosen and removed by the other elected member of majority party.
Ex-officio Chairman of Gram Panchayat is known as Panchayat Secretary.
➢ All the meeting of Gram Panchayat shall be presided over by Panchayat Pradhan except the first
meeting.
➢ Block Development Officer called and preside the first meeting of Gram Panchayat.
➢ The chief source of income of Gram Panchayat is Government grants, taxation on land and
building, trade license, fees toll etc.
➢ At present total number of Gram Panchayat in West Bengal is 3354.
➢ At present total number of Block or Panchayat Samiti in West Bengal is 341.
➢ Total number of Zilla Parishad in West Bengal is 20 and 1 Mahakuma Parishad (Siliguri),
among 23 districts, Kolkata & Darjeeling do not have Zilla Parishad.
➢ Intermediate stage of Panchayati Raj System is Panchayat Samiti.
➢ Panchayat Samity service at Block level.
➢ A block consists of 100 villages.
➢ Chairman of Panchayat Samiti is known as Sabhapati.
➢ Sabhapati shall be chosen and removed by the other elected member of the majority part in the
Panchayat Samiti.
➢ The Ex-officio Chairman of Panchayat Samity is known as Block Development Officer.
➢ Panchayat Samiti co-ordinates all the Gram Panchayat.
➢ All the meeting of Panchayat Samiti shall be presided over by Sabhapati.
➢ Panchayat Samiti consists of 3 types of members –
1) Directed elected member by the people of the concerned Block.
2) All the Panchayat Pradhan of Block.
3) Local MLA & M.P.’s of the Block, those who are note in the ministry.
➢ The highest unit of administration in Panchayati Raj System is Zilla Parishad.
➢ The Chairman of Zilla Parishad is known as Sabhapati.
➢ Sabhavapati shall be chosen or removed by other elected member of majority party in the Zilla
Parishad.
➢ All the meeting of Zilla Parishad shall be presided over by Sabhapati.
➢ The Ex-officio Chairman of Zilla Parishad of District Magistrate.
➢ Zilla Parishad consists of 5 types of members.
1) Directly elected members by the people of the concerned district.
2) Government nominated representative for women.
3) All the Sabhapati of concerned district.
4) All MLA & M.P.’s of the district those who are not in the ministry.
5) District high official like District Chief Medical Officer, District Revenue Officer,
District Food officer, District police-in-Charge or S.P.
➢ One-tier Panchayati Raj System was introduced in Jammu & Kashmir (known as Halqa
Panchayat).
➢ Nagaland, Meghalaya and Mizoram have no Panchayati Raj System.
➢ State having population not exceeding 20 lakh may not constitute Panchayat at the intermediate
level.
➢ In 1986, L.M. Singhvi committee submit its report on 20th Nov, 1986 recommends constitutional
status of Panchayat.
➢ Prime Minister Rajiv Gandhi Government introduced 64th Amendment Bill in the Lok Sabha in
July, 1989 to constitutionalize Panchayati Raj institution and make them more powerful. The Lok
Sabha passed the bill at August, 1989. It was not approved by Rajya Sabha.
National front Government in November, 1989 under the Prime Minister-ship of V. P.
Singh announced that would take stapes to strengthen that Panchayati Raj institution. The bill
was introduced in Lok Sabha in September, 1990. However, the fall of the Government resulted
in the lapse of the bill.
Finally, P. V. Narasimha Rao Government wants again to consider the matters of the
Panchayati Raj bodies. Lok Sabha introduced the bill in September, 1991. This bill finally
emerged as the 73rd Amendment Act, 1992.
Important Articles: -
1) Article -243: Definition of Panchayat.
2) Article – 243 (A): Gram Sabha: Gram Sabha consisting of person whose name
included in electoral roll for the Panchayat at the village level.
3) Article – 243 (C): Composition of Panchayat.
4) Article – 243 (D): Reservation of Seat.
5) Article – 243 (E): Duration of Panchayat.
6) Article – 243 (F): Disqualification for membership of Panchayat.
7) Article – 243 (G): Power authority and responsibility of Panchayats.
8) Article – 243 (H): Power to impose tax by and front of Panchayat.
9) Article – 243 (I): Constitution of Finance Commission to review financial
position of Panchayat.
10) Article – 243 (J): Audit & Account of Panchayat.
11) Article – 243 (K): Election to the Panchayat (State Election Commission).
12) Article – 243 (O): Bar to interference by court in electoral matter.
Gram Sabha: -
• All man and women whose age is 18 years and above, are members of Gram Sabha. All
such man and women are called adults. They constitute ‘Gram Sabha’. Their member can
be hundred or up to thousand. These members of Gram Sabha elect some representatives
from among themselves whose number may range from 7 to 21. The number of these
representatives may differ from State to State.
• According to 73rd Amendment Act of our constitution 33% seats are necessary to be
reserved for women (including women of SC & ST). seats should be reserved for Schedule
Cast and Tribes in the ratio at their population.
• At present seats reserved for women is 50%.
Nayaya Panchayat: -
• In certain state like A. P., M. P., J & K and Bihar there are judicial Panchayat which are
known as ‘Nayaya Panchayat’. They provide speedy and in expensive system of justice
to the villagers. Their jurisdiction covers petty civil suits involving moving property and
minor offence. They are only entitled to fine and have no power of awarding
imprisonment. It consists of 5-7 Gram Panchayat.
• As a result of the enactment of 73rd Amendment Act, about 2,27,698 Panchayats at village
level; 5,906 Panchayats at intermediate level and 474 Panchayats at the district level have
been constituted in the country. These Panchayats are being manned by about 34 lakh
elected representatives of Panchayats at all levels. Thus, this is the broadest representative
base that exists in any country of the world developed or under developed.
• After implementing legislation was enacted by the states, elections have taken place in
most of the states and the Panchayats have Amendment do not apply to J & K, Meghalaya,
Mizoram and Nagaland.
Municipality
Important Information: -
• Municipality is under State List.
• It belongs to Part – IX(A). Article – 243(P) to 243(ZG).
• It belongs to 12th schedule and it has 18 subjects for the administration of municipality.
• It is added by 74th Amendment Act, 1992. This act came into force on 1 st June, 1993.
• Election of municipality shall be conducted by the State Election Commission
Municipality.
• Municipality is service at Sub-urban areas.
• Municipality was set up by East India Company by Municipal Act of East India Company
in 1687.
• Municipal Corporation service at large urban areas.
• First Municipality was set up in India in 1688 at Madras.
• Kolkata and Bombay Municipal Corporation was set up in 1727 by the Act of 1726.
• At present total number of Municipality in West Bengal is 125.
• At present total number of Municipal Corporation in West Bengal is 7 (Kolkata,
Bidhannagar, Howrah, Siliguri, Durgapur, Asansol and Chandannagar).
• Total number of wards in Kolkata Municipal Corporation is 144.
• Total number of Borough in Kolkata Municipal Corporation is 15.
• Duration of the Municipality is 5 years but in it may dissolve earlier by the State
Government if necessary.
• Minimum age of the members of the Municipality is 21 years.
• Chairman of Municipality is Municipal Chairman who is the political head of
Municipality.
• Municipal Chairman shall be chosen or removed by other member of the majority party
in the Municipality.
• The Ex-officio Chairman of Municipality is known as chief Executive Officer who is
appointed by the State Government and salary shall be charged on Municipal fund. He is
the administrative head.
• All the meeting of the Municipality shall be presided over by the Chairman.
• Chairman in Council is consisting of Chairman and Deputy Chairman and 10 other
Counselors.
• Chairman of Municipal Corporation is known as Mayor who is the political head of the
Corporation.
• Mayor shall be chosen or removed by other elected members of the majority party in the
Corporation.
• All the meeting of Municipal Corporation shall be presided over by the Mayor.
• Mayor is the First Citizen of the city.
• The Ex-officio Chairman of Municipal Corporation is known as the administrative head
of the Corporation and he is appointed by the State Government and generally from IAS.
• Mayor-in-Council consists of – Mayor, Deputy Mayor and 10 Councilors.
• Ward committee consists of 1 or more ward within the territorial area of a Municipality
having a population of 3 lakh or more.
• Metropolitan area means an area having a population of 10 lakh of more.
• Chief source of income of Municipality Government grants, taxation on lands and
buildings, trade licenses, fees and entertainment taxes.
• There are 8 types of urban bodies created in India for the administration of urban area –
i) Municipal Corporation ii) Municipality
iii) Notified area Committee iv) Cantonment Board
v) Town are Committee vi) Township
vii) Special purpose agencies viii) Port trust
• There is no Zilla Parishad in Kolkata and Darjeeling but Siliguri has 1 Mahakuma
Parishad.
• First Mayor of Calcutta Municipal Corporation is Sir Richard Tample.
• 74th Amendment, 1992 provides 3 types of Municipalities in every State. They are –
i) A Nagar Panchayat for a transitional area i.e., an area in transition from a rural
area to an urban area.
ii) A Municipal Council for a smaller Urban area.
iii) A Municipal Corporation for a larger urban area.
• Seats shall be reserved for SC, ST’s in every Municipality in proportion of their population
to the total population in the Municipal area.
• It provides for the reservation of not less than 1/3rd of total no of seats for women (including
the no of seats reserved for women belonging to SC and ST.
• The Union State Government is deled with the following 3 ministries –
i) Ministry of Urban Development, created as the separate Ministry in 1985
ii) Ministry of Defense in the case of Cantonment Board.
iii) Ministry of Home Affaires in the case of Union Territory.
• In August, 1989 Rajiv Gandhi Government introduced 65th Amendment Bill, i.e., ‘Nagar
Palika Bill’ in the Lok Sabha. The bill was passed in Lok Sabha but it was defeated in the
Rajya Sabha in October, 1989 and hence lapsed.
The National Front Government under V. P. Singh introduced the revised ‘Nagar
Palika Bill’ in the Lok Sabha again in September, 1990. However, the bill was not passed
and finally lapsed due to the dissolution of Lok Sabha.
Finally, P. V. Narasinha Rao Government introduced modified Municipality Bill
in Lok Sabha in September, 1991. It finally emerged as the 74th Amendment Act, 1992.
Important Articles: -
1) Article – 243(P): Definition of Municipalities.
2) Article – 243(Q): Constitution of Municipalities.
3) Article – 243(R): Composition of Municipalities.
4) Article – 243(S): Composition of Ward Committee.
5) Article – 243(T): Reservation of Seat.
6) Article – 243(U): Duration of Municipalities.
7) Article – 243(V): Disqualification for Membership.
8) Article – 243(W): Power, Authority and Responsibility of Municipalities.
9) Article – 243(X): Power to impose taxes by and fund of the Municipalities.
10) Article – 243(Y): Municipal Finance Commission (It was started in 1912).
11) Article – 243(Z): Audit of account of Municipalities.
12) Article – 243(ZA): Election to the Municipalities.
13) Article – 243(ZD): Committee for District Planning.
14) Article – 243(ZE): Committee for Metropolitan Planning.
15) Article – 243(ZG): Bar to interference by court in electoral matters.
5 types of Municipalities in West Bengal: -
Grade Ward number Population
1) A 35 Above 2 lakh 15 thousand
2) B 30 1.7 lakh to 2.15 lakh
3) C 25 85 thousand to 1.7 lakh
4) D 20 35 thousand to 85 thousand
5) E 15 Below 35 thousand
Metropolitan Area: -
An area having population of 10 lakhs or more, in 1 or more district and consisting of 2
or more Municipalities or Panchayats.
Urban Local Bodies: -
Notified Area Committee: -
It is created for the administration of 2 types of area – (1) a fast-developing town due to
industrialization and (2) a town which does not get fulfill at the condition necessary for the
constitution of a Municipality but which otherwise is considered important by the State
Government. It is established by a notification in the Government Gazette. It is called as Notified
Area Committee.
Town Area Committee: -
It is set up for the administration of small town. It is a Semi Municipal authority and is
entrusted with a limited number of civic functions like drainage, Roads, Street light. It is created
by a separate act of a state legislation.
Cantonment Board: -
It is established for municipal administration for civilian population in the cantonment
area. It is set up under the provision of Cantonment Act, 2006 – a legislation enacted by the
Central Government. It works under the administrative control of the Defense Ministry of the
Central Government.
Township: -
This type of Urban Local Government is established by the large public enterprises to
provide civic amenities to its staff and workers who lives in the housing colonies built near the
plant.
Port Trust: -
These are established in the port areas like, Kolkata, Mumbai, Chennai etc. for two
purposes – (i) to manage and protect the port and (ii) to provide civic amenities. A port trust is
created by act of the Parliament.
Ward Committee: -
It consists of one or more wards with in the territorial area of a Municipality having
population of 3 lakh or more. State Legislature may make provision with respect to the
composition and the territorial area of a ward committee.
74th Constitutional Amendment Act, 1992: -
The Government of India passed 74th Amendment Act, 1992 to make the institutions of
urban governance more representative, accountable, efficient and transparent. This act was
enacted on the recommendations of rural-urban-relationship committee. Before the
commencement of this act, there had existed 5-types of bodies of Urban governance. This act
replaced the 5 urban bodies with 3-Nagar Panchayats for areas in transition from rural to urban
clusters. Municipal Councils is smaller urban settlements and Municipal Corporations is larger
urban areas. The decision as to which type of urban body has to be introduced in a city is taken
by the state government. The Municipal areas with population more than 3 lakh also will have
the ward committees, apart from the municipalities. This makes urban governance a 2-tier system.
The Municipal bodies include elected representatives from the electoral wards, members
of the Lok Sabha and State Legislative assemblies covering wholly or partly the municipal area
concerned, the members of the council of state and the state legislative council who are registered
as voters within the municipal area, Chairpersons of the committees of the municipal authorities
and persons having special knowledge or experience in municipal administration right to vote in
the council.
The seats are reserved in the municipal bodies for the weaker sections of the society – SC,
ST and OBC. The percentage of seats reserved for women is 33%. The ward committees which
exist for the municipal areas covering more than 3 lakh population consist of the members
nominated by the State Government; elected members of the council who represents the ward
belonging to the ward committee.
The tenure of municipalities is 5 years. In case these are dissolved or superseded, they
have right to be heard within 6 months of supervision or dissolution of the municipalities the
elections should be held.
The 12th schedule of the 74th Amendment Act contain 18 items which are –
1) Urban planning, including town planning.
2) Regulation of lands use and construction of building.
3) Planning for economic and social development.
4) Roads and bridges.
5) Water supply for domestic, industrial and commercial purposes.
6) Public health, sanitation conservancy and solid waste management.
7) Fire services.
8) Urban forestry, protection of environment and promotion of ecological aspect.
9) Safeguarding the interests of weaker sections of the society, including the disable and
mentally retarded.
10) Slum improvement and upgrading.
11) Urban poverty alleviation.
12) Provision of urban amenities and facilities such as parks, gardens, playgrounds.
13) Promotion of cultural, educational and aesthetic aspect.
14) Burials and burial grounds, cremations, cremation grounds and electric crematoriums.
15) Cattle pounds, prevention of cruelty to animals.
16) Registration of birth and deaths.
17) Public amenities including street lightning, parking lots, bus stops and public
conveniences.
18) Regulation of slaughter houses and tanneries.
After implementing legislation was enacted by the States, elections have taken place in
most of the States and the Municipalities have started functioning under the new law. This
amendment does not apply to J & K, Meghalaya, Mizoram, Nagaland and National Capital
Territory of Delhi.
[104th CAA, 2020 only extended SC & ST reservation, not Anglo-Indian community]
Election Commission of India
Important Information: -
• Election Commission belongs to Union List.
• Set up in 1950.
• Part – XV, Article – 324 to 329.
• Election Commission is a permanent & independent body established by the constitution
of India directly to ensure free and fair election in the country.
• The first general election of India started in 1951.
• The first general election of India held in 1952.
• First general election covers for 100 days [25th October, 1951 to 21st February, 1952].
• On 16th October, 1989 President appointed two more Election Commissioners but it was
abolished in 1990 and again in October, 1993 President appointed two more Election
Commissioners.
• This time Chief Election Commissioner of India was T. N. Seshan.
• Election Commission consists of 1 Chief Election Commissioner and some other
members shall be determined by President under the Article – 324(2).
• At present election Commission consists of 1 Chief Election Commissioner and 2 other
members.
• The Chief Election Commissioner is called Chairman of Election Commission.
• Present Chief Election Commissioner is Rajib Kumar [25th Chief Election
Commissioner] and the 2 other members are Anup chandra pandey and Arun goel
• Qualification – Essential qualification of Election Commissioner is same as the judge of
Supreme Court.
• Duration – duration of office of the members of Election Commission is 6 years but the
retirement age is 65 years, whichever is earlier.
• The condition of service and tenure of office of Election Commissioner and Regional
Election Commissioner shall be determined by the President.
• The condition of service and tenure of office of a State Election Commissioner shall be
determined by the Governor.
• Election Commission is assisted by Deputy Election Commissioner, they are drawn from
the Civil Service and appointed by the Commission with the tenure system.
• Appointment – All appointments of election commission are under Article – 324(4).
• Chief Election Commissioner shall be appointed by the President and other members of
Election Commission shall be appointed by the President in constitution with Chief
Election Commissioner.
• Region Election Commissioner is appointed by the President in consultation with Chief
Election Commissioner.
• Oath & Affirmation – Oath & Affirmation of the members of the Election Commission
shall be administered by the President.
• Salary – The members of Election Commission draw a monthly salary of `2,50,000/-
which is same as the Judge of the Supreme Court and salary shall be determined by the
Parliament and charged from the consolidated fund of India.
• Removal – Removal of Election Commissioner is under Article – 324(5).
• Chief Election Commissioner can be removed by the President on the ground of
misbehavior or incapacity on a 2/3rd majority of the members of the Parliament present
and voting.
• Other members of Election Commission can be removed by the President on consultation
with Chief Election Commissioner.
• Resignation – The resignation letter of members of Election Commissioner shall be
submitted to the President.
• 1st Election Commissioner of India was Sukumar Sen.
• 1st lady Chief Election Commissioner was V. S. Ramadevi (November, 1990).
• The lowering of voting age from 21 to 18 was introduced by 61st Amendment Act, 1989
by the recommendation of V. M. Tarkunde Committee, 1974.
Important Articles: -
1) Article – 324: Superintendent, Direction control of election to be vested in the
Election Commission.
2) Article – 325: No person is to be ineligible for inclusion in or to claim to be
included in special electoral roles on the grounds of religion, race,
caste, sex.
3) Article – 326: Election to the Lok Sabha and to the State Legislative Assembly to
be on the basis of adult suffrage it is called Right to Vote is a legal
bright.
4) Article – 327: Power of Parliament to make provision with respect to the election
to such legislature.
5) Article – 328: Power of State Legislature to make provision with respect to election
to such legislature.
6) Article – 329: Bar to interference by court of electoral matters.
Booth Capturing: -
In 1989 a prohibition was made for adjournment of poll or countermanding in the election
in case of booth capturing. Booth capturing includes –
1) The seizure of polling station and making polling authorities surrender ballot paper or
voting machine.
2) Taking possession of polling station and allowing only one only supported to exercise
their franchise.
3) Threatening and preventing any elector from going to polling station.
Time Limit for by Elections: -
To be held within 6 months of occurrence of the vacancy in any House of Parliament for
State Legislature. This is not applicable in two cases –
1) Where the reminder of the term of members whose vacancy is to be filled is less than 1
year.
2) Or when the election commission in consultation with Central Government certified that
it is difficult to hold by election within the said period.
Security Deposit: -
• The security deposit in case of election to the State Legislative Assembly was increased
from `5,000/- to `10000/- for the general candidate and from the `2500/- to `5000/- for the
ST candidates.
• Increase in security deposit in 2009, the amount of security deposit to be paid by the Lok
Sabha was increased from `10,000/- to `25,000/- for the general candidate and from
`5,000/- to `12,500/- for SC & ST candidates.
Multi-Party System: -
• a Multi-party System is one where more than two political parties usually equally
powerful, have impact in the States political life. The multiparty system is usually
unstable.
• e.g. – India, Canada, Germany, France, Israel etc.