This article has been written by our intern Ravit Singh, a law student from Gujarat National Law University
Abstract
Village panchayats were conceived as the base of a political pyramid of democratically established institutions, meant for decentralization and the devolution of power to the people. They intend to not just provide the people with a sense of participation in the institutions of governance but to enable them to be a part of the affairs, plans, policies and programmes of governance. Article 40 can be imagined as the stone pillar of the Indian Constitution because if decentralisation were to not happen, the people of the country would stand undermined.
This article is exploratory, making use of existing materials as secondary sources to explore the inception, development, evolution and implementation of the said Article and the challenges encountered in doing so. Through this article, the author aims to provide a context to the village panchayat system, as it exists in India today.
Introduction and Evolution- The Inception of Article 40
Historical Background
The concept of Panchayats is not new to India. It had evolved in the Vedic era, where the decisions of the Panchayats, i.e., a chosen assembly of five village elders, were considered binding and their contravention often led to social exclusion and ex-communication. Taking a cue from this concept, the British first introduced local self-government in 1869, when they established a District Local Fund in Bombay. The first legislation on local-self government soon followed in the form of the Bombay Village Panchayat Act, 1920, which enabled elected Panchayats to fulfil local obligations that were of a civil nature.
When the Indian Constitution was first drafted, Dr Munshi, Dr Ambedkar or Constitutional Advisor B.N. Rau’s drafts on Fundamental Rights did not contain any reference to the concept of Panchayats. The Draft Constitutions prepared by the Constitutional Advisor (October 1947) and the Drafting Committee (February 1948) did not contain any provisions referring to the Panchayati Raj. The concept of Panchayati Raj is a part of Gandhi’s ideology, was met with strong criticism from Gandhians and others, who strongly criticized the Draft Constitution for not containing any reference to the Panchayati Raj System.
The inception of Article 40
Dr Ambedkar, in the Constituent Assembly Debates, strongly expressed himself against the concept of village Panchayats, stating that they were dens of corruption, backwardness, and narrow-mindedness and that he was glad that the “Draft Constitution had discarded the village and adopted the individual as its unit”. However, an amendment regarding the Panchayati Raj in the Constituent Assembly was first moved by K. Santhanam. Soon after the draft Article 31A was adopted, on 22nd November 1948, he moved a resolution demanding that the new Article 31A be added after the draft Article 31. When put to vote, the amendment was adopted by the Constituent Assembly. It was renumbered as Article 40 of the Constitution at the revision stage.
The concept of village Panchayats, under Article 40, is essentially a part of the Directive Principles of State Policy, coming under the Gandhian Principles. The wording of the Article provides that the State shall make an endeavour to ‘organise’ village panchayats, rather than using the words ‘introduce’ or ‘establish’. The rationale behind this is that the concept of village panchayats was already present in our country. All that the States are needed for is to endow these panchayats with such powers and facilities that they can essentially function as independent units of self-governance, that form the base of a democratic pyramid.
Jurisprudence of Village Panchayats
The term ‘village’ has not been defined under Article 40. The wording of the Article also does not require panchayats to be organised based on any particular concept of the village. In the case of State of Uttar Pradesh v. Pradhan Sangh Kshetra Samiti(1995), it was established that the State is free to lend an appropriate definition to the ‘village’ as it desires. Village panchayats have been envisaged under Article 40 as the base of a pyramid of democratically organised and functioning self-government units.
As established in N.M. Kheni v. Manik Rao Patil(1977), the basic aim of Article 40 is decentralization and devolution. If the State fails to achieve these objectives, the power of the people stands subverted. Therefore, while organising village panchayats, the State should have the following in mind:
That they are to be the self-governing units at the lowest end of a democratic polity.
That being self-governance units, those who are governed by the said units and those, for whose benefits they have been established, should have a direct or an elective indirect representation in them.
That they will have an effective say in the conduct of their affairs, including its plans, policies and programmes for execution.
That they should have not only a sense and satisfaction of participation but also an experience in the governance of their affairs.
Development of the Village Panchayats- Committee Reports
Over the years, the recommendations and reports of various committees have played an essential role in the development and evolution of the Panchayati Raj, in general, and village panchayats, in particular. Some of these essential committees in this regard and recommendations made by them are as given below:
The Balwant Rai Mehta Committee (1957)
The National Development Council approved the recommendations made by the Balwant Rai Mehta Committee in 1958, setting the stage for the introduction of Panchayati Raj institutions throughout the country. The committee advocated for the implementation of the "democratic decentralization" plan that ultimately became known as Panchayati Raj. It also envisaged the creation of a three-tiered Panchayat System, with the Gram Panchayat at the village level. State governments adopted this approach as laws were made for the constitution of panchayats in several states, throughout the 1950s and 1960s. With the 73rd Amendment in 1992, the concepts introduced by this Committee also found backing in the Indian Constitution. Under the provisions contained under the Amendment Act of 1992, the panchayats were to be given more authority and responsibility for implementing the 29 topics specified under the Eleventh Schedule of the Constitution, as well as for creating plans for economic development and social justice.
In India, the Panchayati Raj system was successful until the middle of the 1960s. However, towards the middle of the 1960s, Panchayati Raj institutions began to deteriorate, primarily as a result of centralised tendencies in how they were run nationwide. Elections were not conducted frequently, and voter turnout declined in these bodies. Their decline was caused by inefficiency, graft, favouritism, ambiguity, and irregularity. The majority of development initiatives weren't included in their preview.
The Ashok Mehta Committee (1977)
The Ashok Mehta Committee was tasked with looking into the reasons behind the Panchayati Raj Institutions' subpar performance. Furthermore, it was asked to recommend actions to enhance Panchayati Raj Institutions. The committee urged increasing decentralisation of authority at all levels as well as constitutional protection for Panchayati Raj Institutions. Some of the suggestions made by the Committee were as follows:
Reservation of seats for the weaker sections.
Two seats for women.
Adequate financial resources for the panchayats.
Requirement of Constitutional sanctions.
To extend people’s participation in developmental activities
The recommendations of the Ashok Mehta Committee were never implemented, owing to the fall of the Janata government. However, a few states, including Karnataka, created new laws based on the committee's suggestions.
Conclusion- The Current State of Affairs
According to Article 40, which incorporates the subsidiarity principle, the State is mandated to set up village panchayats and give them the authority they may need to operate as self-governing entities. Even though most states have approved legislation granting various degrees of self-government authority, it is unfortunate to note that village panchayats are still in their infancy due to inadequate education, mental rigidity, and local politics.
Article 40, coupled with the provisions listed out under part IX of the Constitution, provides a strong foundation for self-governance in India. Following the spirit of Article 40, the Parliament, over the years, has made sincere efforts to ensure that the Panchayats would no longer be responsible for merely carrying out the policies and programmes developed by the State's political government. As the third tier of government with the responsibility to represent the interests of the residents within its jurisdiction, the Panchayats have been given the authority to create and carry out their programmes of economic growth and social justice according to the provisions included in Part IX. The Panchayat system envisioned in this Part strives to create effective and accountable institutions of government, which will then ensure a fairer distribution of resources in a way that is advantageous to all.
References
Constituent Assembly Debates, Vol. VII, p. 527.
Constituent Assembly Debates, Vol. VII, pp. 38-39.
State of Uttar Pradesh v. Pradhan Sangh Kshetra Samiti AIR 1995 SC 1512.
N.M. Kheni v. Manik Rao Patil AIR 1977 SC 2171.
State of Gujarat v. Raman Lal AIR 1981 SC 53.
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