Constitutional Law-II

Administration of
Frinz Area
By: Sonali Bhatnagar
 Administration of Union Territories
• Article 1 of the Indian constitution defines India as a Union of
States and not as a federation of states. The term union of
states. India, the largest democracy of the world is a federal
country where the ruling powers are distributed among the
state and the central governments.
• Unlike the states of India, which have their own governments,
Union Territories (UTs) are the federal territories, administered
by the union government of India. In UTs, the central
government appoints the Lieutenant Governor, who is the
administrator and the representative of the President of India.
• However, as an exception, Puducherry and Delhi have an
elected legislature and government, as they were granted
partial statehood, under the special Constitutional amendment.
 Local Government

73rd and 74th Amendment.

They work for water, transport,
electricity, policy issues.
Panchayat for rural areas
Muncipalities for urban areas.
• 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. The committees appointed are as
follows:
I. Balwant Rai Mehta Committee: Recommendations by the Committee
• Three-tier Panchayati Raj system: Gram Panchayat, Panchayat Samiti and Zila
Parishad.
• Directly elected representatives to constitute the gram panchayat and indirectly
elected representatives to constitute the Panchayat Samiti and Zila Parishad.
• Planning and development are the primary objectives of the Panchayati Raj
system.
• Panchayat Samiti should be the executive body and Zila Parishad will act as the
advisory and supervisory body.
• District Collector to be made the chairman of the Zila Parishad.
• It also requested for provisioning resources so as to help them discharge their
duties and responsibilities.
I. Ashok Mehta Committee: The key recommendations are
• The three-tier system should be replaced with a two-tier system: Zila Parishad
(district level) and the Mandal Panchayat (a group of villages).
• District level as the first level of supervision after the state level.
• Zila Parishad should be the executive body and responsible for planning at
the district level.
• The institutions (Zila Parishad and the Mandal Panchayat) to have compulsory
taxation powers to mobilise their own financial resources.
I. G V K Rao Committee:
• 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.
• 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.
• Post of District Development Commissioner to be created. He will be the chief
executive officer of the Zila Parishad.
• Elections to the levels of Panchayati Raj systems should be held regularly.
• L M Singhvi Committee:
• 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.
• The committee recommended reorganisation of villages to
make the gram panchayat more viable.
• It recommended that village panchayats should have more
finances for their activities.
• 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.
 Panchayati Raj
Legislative Executive

Gram sabha(People of age Gram

18 or above can vote, they Panchayat(
make a part of gram sabha) Development/Duties)

Panch and their head Sar-

panch
• As per the population of village they are divided into heads which we call
Wards.
• Representative of wards is panch, choose by voting.
• No. of panch depends on the population of the village.
• Gram Panchayat head is Sarpanch which is appointed by voting, or gram sabha
all voters elects the sarpanch.
• Sarpanch is also called the head of the
village.
• State government appoints a Secretary
at gram panchayat.
• Secretary observes the work and keeps
all the official record of it.
 Working of Gram Panchayat
In every year the Sarpanch, Panch and Gram
sabha for four times.
 This type of government is also called
participatory government/Direct Democracy
also.
On what panchayat can takes decision is
defined under eleventh schedule, Article-243G.
(29-subjects).
The sarpanch can divide the work between
panch and gram sabha members to deal with all
 Panchayat Samiti/Block Zila Parishad/Zila
panchayat/Janpad Panchayat/District
Panchayat. Panchayat
• Combining many villages creates a Block. • The work of district level.
• Members: sarpanch, BDO officer, farmers • Members: Block pramukh, MLA, MP, etc
representative, Corporate Society • The head/CEO is a non-elected member
representative, Agriculture marketing, such as IAS, State public service officer,
service representatives, etc. District magistrate, etc.
• The all in themself decides a head who is • Zila parishad makes district planning
called a Block-Pramukh. committies
• They Districts with Central and State, also
to apply all policies by central and state,
• Gram Sabha: Gram Sabha is the primary body of the Panchayati Raj system.
It is a village assembly consisting of all the registered voters within the area
of the panchayat. It will exercise powers and perform such functions as
determined by the state legislature.

• Three-tier system: The Act provides for the establishment of the three-tier
system of Panchayati Raj in the states (village, intermediate and district
level). States with a population of less than 20 lakhs may not constitute the
intermediate level.

• Election of members and chairperson: The members to all the levels of the
Panchayati Raj are elected directly and the chairpersons to the intermediate
and the district level are elected indirectly from the elected members and at
the village level the Chairperson is elected as determined by the state
government.

• The Chairperson of a Panchayat and other members of a Panchayat, whether

or not elected directly from territorial constituencies in the Panchayat area,
have the right to vote in Panchayat meetings.
Reservation of seats:
• For SC and ST: Reservation to be provided at all the three tiers in accordance with their
population percentage.
• For women: Not less than one-third of the total number of seats to be reserved for
women, further not less than one-third of the total number of offices for chairperson at all
levels of the panchayat to be reserved for women.
• The state legislatures are also given the provision to decide on the reservation of seats in
any level of panchayat or office of chairperson in favour of backward classes.
Duration of Panchayat: The Act provides for a five-year term of office to all the levels of the
panchayat. However, the panchayat can be dissolved before the completion of its term. But
fresh elections to constitute the new panchayat shall be completed – before the expiry of its
five-year duration in case of dissolution, before the expiry of a period of six months from the
date of its dissolution.
Disqualification: A person shall be disqualified for being chosen as or for being a member of
panchayat if he is so disqualified –
• Under any law for the time being in force for the purpose of elections to the legislature of
the state concerned.
• Under any law made by the state legislature. However, no person shall be disqualified on
the ground that he is less than 25 years of age if he has attained the age of 21 years.
• Further, all questions relating to disqualification shall be referred to an authority
determined by the state legislatures.
State election commission:
• The commission is responsible for superintendence, direction and control of the preparation of
electoral rolls and conducting elections for the panchayat.
• The state legislature may make provisions with respect to all matters relating to elections to
the panchayats.
Powers and Functions: The state legislature may endow the Panchayats with such powers and
authority as may be necessary to enable them to function as institutions of self-government.
Such a scheme may contain provisions related to Gram Panchayat work with respect to: the
preparation of plans for economic development and social justice. The implementation of
schemes for economic development and social justice as may be entrusted to them, including
those in relation to the 29 matters listed in the Eleventh Schedule.
Finances: The state legislature may –
• Authorize a panchayat to levy, collect and appropriate taxes, duties, tolls and fees.
• Assign to a panchayat taxes, duties, tolls and fees levied and collected by the state
government.
• Provide for making grants-in-aid to the panchayats from the consolidated fund of the state.
• Provide for the constitution of funds for crediting all money of the panchayats.
Finance Commission: The state finance commission reviews the financial position of the
panchayats and provides recommendations for the necessary steps to be taken to supplement
resources to the panchayat.
Audit of Accounts: State legislature may make provisions for the maintenance and audit of
panchayat accounts.
Application to Union Territories: The President may direct the provisions of the Act to be
applied on any union territory subject to exceptions and modifications he specifies.
Exempted states and areas: The Act does not apply to the states of Nagaland, Meghalaya
and Mizoram and certain other areas. These areas include,
• The scheduled areas and the tribal areas in the states
• The hill area of Manipur for which a district council exists
• Darjeeling district of West Bengal for which Darjeeling Gorkha Hill Council exists.
• However, Parliament can extend this part to these areas subject to the exception and
modification it specifies. Thus, the PESA Act was enacted.
Continuance of existing law: All the state laws relating to panchayats shall continue to be
in force until the expiry of one year from the commencement of this Act. In other words,
the states have to adopt the new Panchayati raj system based on this Act within the
maximum period of one year from 24 April 1993, which was the date of the
commencement of this Act. However, all the Panchayats existing immediately before the
commencement of the Act shall continue till the expiry of their term, unless dissolved by
the state legislature sooner.
Bar to interference by courts: The Act bars the courts from interfering in the electoral
matters of panchayats. It declares that the validity of any law relating to the delimitation
of constituencies or the allotment of seats to such constituencies cannot be questioned
in any court. It further lays down that no election to any panchayat is to be questioned
PESA Act of 1996: The provisions of Part IX are not applicable to the
Fifth Schedule areas. The Parliament can extend this Part to such areas
with modifications and exceptions as it may specify. Under these
provisions, Parliament enacted Provisions of the Panchayats (Extension
to the Scheduled Areas) Act, popularly known as PESA Act or the
extension act.
Objectives of the PESA Act:
• To extend the provisions of Part IX to the scheduled areas.
• To provide self-rule for the tribal population.
• To have village governance with participatory democracy.
• To evolve participatory governance consistent with the traditional
practices.
• To preserve and safeguard traditions and customs of tribal population.
• To empower panchayats with powers conducive to tribal requirements.
• To prevent panchayats at a higher level from assuming powers and
authority of panchayats at a lower level.
 Muncipalities
A Nagar Panchayat (by whatever name called for a transitional area, that is, an area in transition from a rural area to an urban area. A municipal council for a smaller urban area. A municipal
corporation for a larger urban area.

Nagar Panchayat (City Muncipal Council Muncipal Corporation

Council, Nagar (Nagar palika, Nagar (Mahanagar palika,
Parishad) palika parishad) Nagar Nigam)
 Structure and Working of
Muncipalities
Legislative(Elected Executive
member councilors) Muncipal Commissioner, other administrative
staff(such as muncipal officers).
MAYOR(Head) The officers are generally IAS officers.
Other muncipal council or nagar panchayat
they can be junior administrative officers.
Parshad Muncipal commissioner is appointed by state
government.
• Nominated members on basis of
knowledge but can only give advice. No
voting power.
• For election of elected members city is
divided into many wards, can also called as
constituency.
• Different ward councilor makes ward
committee.
• Ward committee together makes
muncipality.
• Muncipality members elects a head called
as mayor.
• Mayor can also be called as the first citizen
of the city.
• Mayor is a honorary post, some states
provide them executive powers also.
 Finance Election Reservatio Tenure
ns

Panchayat State or State 33% for Maximum

i raj Cental Election women 5 years
Govt. Commissi ST/SC
Funds on
Muncipalit Property State 33% for Maximum
y Taxes Election women 5 years
Commissi ST/SC
on Panch,
Sarpanch,
Block
Pramukh,
etc
 The entire city of Indore is divided into 69 wards and
12 zones for its better and well organized
administration. There are 13 departments in
Corporation and each department is headed by
councilors who are elected from these wards.
 There are 8 districts in Indore division and its divisional
headquarters Moti Bunglow district is located in Indore.
The division consists of districts Alirajpur, Barwani,
Burhanpur, Dhar, Indore, Jhabua, Khandwa, Khargone.
 Dr Pawan Sharma is administrator of Indore municipal
Corporation. Indore Municipal Corporation
 The Indore district has 10 administrative divisions Indore Mahanagar Paalika Nigam
(Tehsils) : Bicholi Hapsi. Type-Muncipal Corporation
Mayor: Pushyamitra Bhargava.
Muncipal Commisoner: Harshika
Singh, IAS
 The Co-operative Socities
The Ninety-Seventh Amendment Act of 2011 gave
constitutional status and protection to cooperative societies. In
this context, it made the following three changes in the
constitution:
• It made the right to form cooperative societies a fundamental
right (Article 19).
• It included a new Directive Principle of State Policy on the
promotion of cooperative societies (Article 43B).
• It added a new Part IX-B in the constitution, which is entitled
“The Cooperative Societies” (Article 243-ZH to 243-ZT).
 Unit-2 Legislative and
Administrative Relations
Relation between the Union and the State
• Article: 245-263
• Legislative Relations
• Article: 245-255