Rajasthan Panchayati Raj System: Act, Elections & Institutions is an important topic under Rajasthan Polity that explains the legal framework, electoral process, and institutional structure of rural local governance in the state. It covers the Panchayati Raj Act, conduct of elections, and the role of various institutions at different levels. Understanding this topic helps in analyzing grassroots democracy, decentralization, and rural administration in Rajasthan.
Rajasthan Panchayati Raj Institutions and Local Self-Government
- During British rule in India, Lord Ripon is considered the father of local self-government in India. In 1882, he proposed local self-government.
- Under the Government of India Act of 1919, a system of dual government was established in the provinces and local self-government was included in the list of transferred subjects.
- The Panchayati Raj system was implemented in Nagaur district of Rajasthan on October 2, 1959.
- The 73rd Constitutional Amendment Act, 1992, gave the Panchayati Raj system the status of a constitutional institution.
- Urban local government has been given constitutional status by the 74th Constitutional Amendment Act, 1992.
- Panchayati Raj institutions have been given 29 subjects mentioned in the 11th Schedule of the Constitution.
Rajasthan Panchayati Raj Act, 1994
Enforcement:
- It came into effect on 23 April 1994, following the 73rd Constitutional Amendment Act.
- Note:The 73rd Constitutional Amendment Act of 1992 came into force throughout India on April 24, 1993. For this reason, April 24 is celebrated as Panchayat Raj Day.
Major revision:
- September 1994: Reservation for Other Backward Classes (OBC).
- December 1994: Provision for public representatives not to have more than 2 children.
- Relaxation in case of disabled children since 2018.
- 2008: Reservation for women in Panchayati Raj institutions was increased to 50%.
Gram Panchayat
- Minimum Punch-9
- 2 additional Panchs for every 1,000 or part thereof for a population exceeding 3,000
- Resignation by elected members to the Development Officer (BDO)
Panchayat committee –
- President, Vice President and Members
- Elected members
- ex-officio members
- (i) Sarpanch of all Panchayats
- (ii) Member of the State Legislative Assembly of the concerned area
- Minimum -15
- If the population exceeds 1 lakh, two additional members for every additional 15,000 or part thereof. Resignation by elected members to the President.
District Council-
- District head, deputy district head and members
- Elected members
- ex-officio members
- (i) Heads of all the Panchayat Samitis in the district
- (ii) All the members of the Lok Sabha, Rajya Sabha and Legislative Assembly Member
- Minimum 17
- If the population exceeds 4 lakhs, 2 additional members for every additional 1 lakh or part thereof
- Resignation by elected members to the District Head
Resignation Process:
- Chairman:
- Sarpanch: To the Development Officer.
- Pradhan: To the District Head.
- District Head: To the Divisional Commissioner.
- Vice President:
- Deputy Sarpanch: To the Development Officer.
- Deputy Prime Minister: To the Prime Minister.
- Upazila Pramukh: To the District Head.
Membership Terms:
- A person cannot be a member of two Panchayati Raj institutions.
- It is mandatory to inform the institution in which one wants to serve within 14 days.
- 2009: Contesting elections from more than one place was banned.
Salient features of the Rajasthan Panchayati Raj Act, 1994:
- The Rajasthan Panchayati Raj Act, 1994 came into force in the entire state from 23 April 1994.
- The Gram Panchayat meets twice a month.
- Tenure – 05 years
- In case of dissolution, fresh elections are mandatory within 6 months.
- If the tenure of the dissolved institution is less than 06 months than the stipulated tenure, then it will not be necessary to hold elections.
- After the dissolution of a Panchayati Raj unit, the new Panchayati Raj unit will function for the remaining period for which the unit would have functioned if it had not been dissolved.
- No person shall be a member of two or more Panchayati Raj Institutions except as expressly authorised by the Rajasthan Panchayati Raj Act.
- The Secretary, Gram Panchayat or Gramsevak has been made the Chairman of the Panchayat Advisory Committee.
Important sections of the Rajasthan Panchayati Raj Act, 1994
- Section 88: Right to Demand Records
- Section 89: Provision for the Constitution of the Rajasthan Panchayat Samiti and Zila Parishad Service
- The Post of Village Development Officer
- Section 90: Constitution and Functions of the District Establishment Committee
- Section 91: Provisions regarding Proceedings and Penalties against Employees of Panchayat Samitis and Zila Parishads
- Section 94: The State Government possesses the power to dissolve any Panchayati Raj Institution.
- Section 101: The Government possesses the power to alter the boundaries of any Panchayati Raj Institution.
- Chapter 4A: Regulation of the Abadi Area (Settlement Area) of a Village
Rajasthan Panchayati Raj (Amendment) Ordinance, 2000
- Ordinance issued on 7 January 2000
- Instead of the Gram Sabha, a Ward Sabha has been established. This Sabha must meet at least twice a year.
- Having more than two children will make a person ineligible to contest Panchayat elections.
- There is a provision for the formation of a permanent committee and vigilance committee at the Panchayat level.
- To empower Panchayati Raj institutions, primary health centers and sub-centers have been placed under Panchayati Raj. The Medical and Health Department will have technical control over these institutions, but the District Council will have administrative control.
- The control of category ‘B’ Ayurvedic dispensaries operating in rural areas has been handed over to Panchayati Raj institutions, but the technical control over them will remain with the Ayurvedic Department.
Additional qualification for contesting elections in Panchayati institutions
- Section 19 of the Panchayati Raj Act, 1994, was amended (2015) to require an 8th-grade pass to be elected as a Sarpanch, and a 10th-grade pass to be elected as a member of the Zila Parishad and Panchayat Samiti. Sarpanchs in Scheduled Areas were required to be 5th-grade pass. However, this provision has been removed since February 2019 by the Rajasthan Panchayati Raj (Amendment) Act, 2019.
Toilets are a must
- The Rajasthan Public Works (Second Amendment) Act, 2015 provided that a household must have a functional sanitary toilet and no member of the household should defecate in the open. [Section 19(d)]
Committees formed to improve the Panchayati Raj system in Rajasthan
Sadiq Ali Committee (1964):
- Objective: To find out the reasons for the failure of Panchayat Raj institutions.
Girdhari Lal Vyas Committee (1973):
- Objective: To give suggestions regarding the success of Panchayat Raj institutions.
Harlal Singh Kharra Committee (1990):
- Objective:To give suggestions regarding making the role of the District Council effective.
Kataria Committee (2009):
- Objective:To recommend giving more powers to the Panchayats.
- Recommendation:Recommendation to hand over all 29 subjects to the Panchayats.
Publication:
- Kurukshetra: Published by Indira Gandhi Rural Development and Panchayati Raj Department.
- Rajasthan Development:Published by the Panchayati Raj Department of Rajasthan.
On October 2, 2010, on the recommendation of the VS Vyas Committee, 5 departments have been assigned to the Panchayats –
- Agriculture
- elementary education
- Women and Child Development
- medical and health
- Social Justice and Empowerment.
After the 73rd Constitutional Amendment, elections were held for the first time in Rajasthan in 1995, while Karnataka was the first state to conduct elections as per the 73rd Amendment.
Institutions related to Panchayati Raj
| Institute | place | Year of establishment | Main Objective |
| Harishchandra Mathur Rajasthan State Institute of Public Administration | Jaipur | 14 November 1957 (Initially at Jodhpur, transferred to 1963) | To provide training related to public administration |
| Indira Gandhi Institute of Panchayati Raj and Rural Development | Jaipur | 1984 | To provide training to officials and public representatives related to Panchayati Raj and rural development. |
| Panchayat Training Centre | Dungarpur | — | Centre for training of Panchayati Raj officials |
Main amendments and rules related to Panchayats
- The Rajasthan Panchayati Raj Act 1994 was amended in 2000 to provide for permanent committees in the Panchayats.
- No constituency can remain without representation for more than 6 months.
- At the Gram Panchayat level, there is a Public Hearing/Public Hearing Officer → Village Development Officer (VDO).
- The Village Development Officer maintains the details of the proceedings of the Gram Sabha meetings.
- Panchayati Raj Day was celebrated for the first time in the country on 24 April 2010.
- First woman Sarpanch of Rajasthan → Chhagan Behen Golcha (Khichan, Phalodi, Jodhpur).
- First woman district head of Rajasthan → Nagendra Bala (Kota).
- From 1960 to 1995, Panchayati Raj elections were conducted by the Panchayati Raj Department.
- Since 1995, all elections have been conducted by the State Election Commission.
- Till now a total of 11 Panchayati Raj elections have been completed, out of which 5 were conducted by the Panchayati Raj Department and 6 by the State Election Commission.
Panchayati Raj elections in Rajasthan
| Order of election | Organising Year | Organizing organization |
| 1 | 1960 | Panchayati Raj Department |
| 2 | 1965 | Panchayati Raj Department |
| 3 | 1978 | Panchayati Raj Department |
| 4 | 1981 | Panchayati Raj Department |
| 5 | 1988 | Panchayati Raj Department |
| 6 | 1995 | State Election Commission |
| 7 | 2000 | State Election Commission |
| 8 | 2005 | State Election Commission |
| 9 | 2010 | State Election Commission |
| 10 | 2015 | State Election Commission |
| 11 | 2020 | State Election Commission |
Gram Nyayalaya Act, 2008
Commencement and Objectives:
- The Gram Nyayalaya Act, 2008 came into force from 2 October 2009.
- It aims to provide affordable, speedy, and accessible justice to citizens at their doorstep.
Composition and Jurisdiction of the Court:
- This court is considered equivalent to the court of a first class judicial magistrate.
- It is competent to settle minor disputes, both civil and criminal. It also serves as a mobile court depending on the situation.
Appointment of Judges:
- According to Section 3(5) of the Gram Nyayalaya Act, 2008, the State Governments appoint Nyayadhikari in consultation with the High Court.
- The judicial officer is an officer of the level of first class judicial magistrate.
Installation and operation:
- Gram Nyayalaya is established for each Panchayat.
- The bench of the Gram Nyayalaya is established at the intermediate Panchayat headquarters.
- In 2009, a scheme called “Assistance to State Governments for Establishment and Operation of Gram Nyayalayas” was launched.
Provisions and Orders:
- The status of the order passed by the village court is equivalent to that of a decree.
- This Court is guided by the principles of natural justice, unless other rules are laid down by the High Court.
Installation Essentials:
- The Act does not mandate the establishment of village courts.
Progress:
- 15 states have so far notified 481 Gram Nyayalayas.
- 309 Gram Nyayalayas are functioning smoothly in 10 states.
- 45 Gram Nyayalayas are notified and functional in Rajasthan.
History:
- The Law Commission of India proposed the establishment of Gram Nyayalayas in its 114th Report of 1986.
Features of Gram Nyayalaya:
- The court provides justice at the local level.
- Resolves disputes quickly.
- The judicial process is cheap and simple.
- It also serves as a mobile court.
- The legal significance of court orders and judgments is similar to that of a decree.
