jbp123/hello · Datasets at Hugging Face

instruction stringlengths 1 84	input stringlengths 1 85	output stringlengths 1 83
of taxation to mobilise their own financial resources.	6. There should be a regular social audit by a district level agency	and by a committee of legislators to check whether the funds
allotted for the vulnerable social and economic groups are	actually spent on them.	7. The state government should not supersede the panchayati raj
institutions. In case of an imperative supersession, elections	should be held within six months from the date of supersession.	8. The nyaya panchayats should be kept as separate bodies from
that of development panchayats. They should be presided over	by a qualified judge.	9. The chief electoral officer of a state in consultation with the chief
election commissioner should organise and conduct the	panchayati raj elections.	10. Development functions should be transferred to the zila parishad
and all development staff should work under its control and	supervision.	11. The voluntary agencies should play an important role in
mobilising the support of the people for panchayati raj.	12. A minister for panchayati raj should be appointed in the state	council of ministers to look after the affairs of the panchayati raj
institutions.	13. Seats for SCs and STs should be reserved on the basis of their	population.
14. A constitutional recognition should be accorded to the	Panchayati Raj institutions. This would give them the requisite	status (sanctity and stature) and an assurance of continuous
functioning.	Due to the collapse of the Janata Government before the	completion of its term, no action could be taken on the
recommendations of the Ashok Mehta Committee at the central level.	However, the three states of Karnataka, West Bengal and Andhra	Pradesh took steps to revitalise the panchayati raj, keeping in view
The Committee to review the existing Administrative Arrangements for	Rural Development and Poverty Alleviation Programmes under the	chairmanship of G.V.K. Rao was appointed by the Planning
Commission in 1985. The Committee came to conclusion that the	developmental process was gradually bureaucratised and divorced	from the Panchayati Raj. This phenomena of bureaucratisation of
development administration as against the democratisation weakened	the Panchayati Raj institutions resulting in what is aptly called as	‘grass without roots’. Hence, the Committee made the following
recommendations to strengthen and revitalise the Panchayati Raj	system:	(i) The district level body, that is, the Zila Parishad should be of
pivotal importance in the scheme of democratic decentralisation.	It stated that “the district is the proper unit for planning and	development and the Zila Parishad should become the principal
body for management of all development programmes which can	be handled at that level.”	(ii) The Panchayati Raj institutions at the district and lower levels
should be assigned an important role with respect to planning,	implementation and monitoring of rural development programmes.	(iii) Some of the planning functions at the state level should be
transferred to the district level planning units for effective	decentralized district planning.	(iv) A post of District Development Commissioner should be created.
He should act as the chief executive officer of the Zila Parishad	and should be in charge of all the development departments at	the district level.
(v) Elections to the Panchayati Raj institutions should be held	regularly. It found that elections became overdue for one or more	tiers in 11 states.
Thus the committee, in its scheme of decentralised system of field	administration, assigned a leading role to the Panchayati Raj in local	planning and development. It is in this respect that the
recommendation of the G.V.K. Rao Committee Report (1986) differed	from those of the Dantwala Committee Report on Block-Level	Planning (1978) and the Hanumantha Rao Committee Report on
District Planning (1984). Both the committees have suggested that the	basic decentralised planning function should be done at the district	level. The Hanumantha Rao Committee advocated separate district
decentralised planning though the Committee stated that Panchayati	Raj institutions would also be associated with this process (of	decentralised planning). The committee recommended that the
Collector should be the coordinator, at the district level, of all	developmental and planning activities. Thus the, Hanumantha Rao	Committee differed in this respect from those of Balwantray Mehta
Committee, the Administrative Reforms Commission of India, the	Ashok Mehta Committee and finally the G.V.K. Rao Committee which	recommended reduction in the developmental role of the District
Collector and which assigned a major role to the Panchayati Raj in	development administration.	L M Singhvi Committee
In 1986, Rajiv Gandhi government appointed a committee to prepare	a concept paper on ‘Revitalisation of Panchayati Raj Institutions for	Democracy and Development’ under the chairmanship of L.M.
Singhvi. It made the following recommendations.	(i) The Panchayati Raj institutions should be constitutionally	recognised, protected and preserved. For this purpose, a new
chapter should be added in the Constitution of India. This will	make their identity and integrity reasonably and substantially	inviolate. It also suggested constitutional provisions to ensure
regular, free and fair elections to the Panchayati Raj bodies.	(ii) Nyaya Panchayats should be established for a cluster of villages.	(iii) The villages should be reorganised to make Gram Panchayats
more viable. It also emphasised the importance of the Gram	Sabha and called it as the embodiment of direct democracy.	(iv) The Village Panchayats should have more financial resources.
(v) The judicial tribunals should be established in each state to	adjudicate controversies about election to the Panchayati Raj	institutions, their dissolution and other matters related to their
functioning.	Thungon Committee	In 1988, a sub-committee of the Consultative Committee of Parliament
was constituted under the chairmanship of P.K. Thungon to examine	the political and administrative structure in the district for the purpose	of district planning. This committee suggested for the strengthening of
1. The Panchayati Raj bodies should be constitutionally	recognized.	2. A three-tier system of Panchayati Raj with panchayats at the
village, block and district levels.	3. Zilla Parishad should be the pivot of the Panchayati Raj system.	It should act as the planning and development agency in the
district.	4. The Panchayati Raj bodies should have a fixed tenure of five	years.
5. The maximum period of super session of a body should be six	months.	6. A planning and co-ordination committee should be set-up at the
state level under the chairmanship of the minister for planning.	The presidents of Zilla Parishads should be its members.	7. A detailed list of subjects for Panchayati Raj should be prepared
and incorporated in the Constitution.	8. Reservation of seats in all the three-tiers should be on the basis	of population. There should also be reservation for women.
9. A state finance commission should be set-up in each state. It	would lay down the criteria and guidelines for the devolution of	finances to the Panchayati Raj institutions.
10. The district collector should be the chief executive officer of the	Zilla Parishad.	Gadgil Committee
The Committee on Policy and Programmes was constituted in 1988 by	the Congress party under the chairmanship of V.N. Gadgil. This	committee was asked to consider the question of “how best
Panchayati Raj institutions could be made effective”. In this context,	the committee made the following recommendations:	1. A constitutional status should be bestowed on the Panchayati
Raj institutions.	2. A three-tier system of Panchayati Raj with panchayats at the	village, block and district levels.
3. The term of Panchayati Raj institutions should be fixed at five	years.	4. The members of the Panchayats at all the three levels should be
6. The Panchayati Raj bodies should have the responsibility of	preparation and implementation of plans for socioeconomic	development. For this purpose, a list of subjects should be
specified in the constitution.	7. The Panchayat Raj bodies should be empowered to levy, collect	and appropriate taxes and duties.
8. Establishment of a State Finance Commission for the allocation	of finances to the Panchayats.	9. Establishment of a State Election Commission for the
conduction of elections to the panchayats.	The above recommendations of the Gadgil Committee became the	basis for drafting an amendment bill aimed at conferring the
constitutional status and protection to the Panchayati Raj institutions.	Constitutionalisation	Rajiv Gandhi Government
The Rajiv Gandhi Government introduced the 64th Constitutional	Amendment Bill in the Lok Sabha in July 1989 to constitutionalise	panchayati raj institutions and make them more powerful and broad
based. Although, the Lok Sabha passed the bill in August 1989, it was	not approved by the Rajya Sabha. The bill was vehemently opposed	by the Opposition on the ground that it sought to strengthen
centralisation in the federal system.	V.P. Singh Government	The National Front Government, soon after assuming office in
November 1989 under the Prime Ministership of V.P. Singh,	announced that it would take steps to strengthen the panchayati raj	institutions. In June 1990, a two-day conference of the state chief
ministers under the chairmanship of V.P. Singh was held to discuss	the issues relating to the strengthening of the panchayati raj bodies.	The conference approved the proposals for the introduction of a fresh
constitutional amendment bill. Consequently, a constitutional	amendment bill was introduced in the Lok Sabha in September 1990.	However, the fall of the government resulted in the lapse of the bill.
Narasimha Rao Government	The Congress Government under the prime ministership of P.V.	Narasimha Rao once again considered the matter of the
proposals in this regard to delete the controversial aspects and	introduced a constitutional amendment bill in the Lok Sabha in	September, 1991. This bill finally emerged as the 73rd Constitutional
73RD AMENDMENT ACT OF 1992	Significance of the Act	This act has added a new Part-IX to the Constitution of India. This part
is entitled as ‘The Panchayats’ and consists of provisions from Articles	243 to 243 O. In addition, the act has also added a new Eleventh	Schedule to the Constitution. This schedule contains 29 functional
items of the panchayats. It deals with Article 243-G.	The act has given a practical shape to Article 40 of the Constitution	which says that, “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.”	This article forms a part of the Directive Principles of State Policy.
The act gives a constitutional status to the panchayati raj	institutions. It has brought them under the purview of the justiciable	part of the Constitution. In other words, the state governments are
under constitutional obligation to adopt the new panchayati raj system	in accordance with the provisions of the act. Consequently, neither the	formation of panchayats nor the holding of elections at regular
intervals depend on the will of the state government any more.	The provisions of the act can be grouped into two categories–	compulsory and voluntary. The compulsory (mandatory or obligatory)
provisions of the act have to be included in the state laws creating the	new panchayati raj system. The voluntary provisions, on the other	hand, may be included at the discretion of the states. Thus the
voluntary provisions of the act ensures the right of the states to take	local factors like geographical, politico-administrative and others, into	consideration while adopting the new panchayati raj system.
The act is a significant landmark in the evolution of grassroot	democratic institutions in the country. It transfers the representative	democracy into participatory democracy. It is a revolutionary concept
to build democracy at the grassroot level in the country.	Salient Features	The salient features of the act are:
The act provides for a Gram Sabha as the foundation of the	panchayati raj system. It is a body consisting of persons registered in	the electoral rolls of a village comprised within the area of Panchayat
at the village level. Thus, it is a village assembly consisting of all the	registered voters in the area of a panchayat. It may exercise such	powers and perform such functions at the village level as the
legislature of a state determines.	Three-Tier System	The act provides for a three-tier system of panchayati raj in every
state, that is, panchayats at the village, intermediate, and district	levels3. Thus, the act brings about uniformity in the structure of pan-	chayati raj throughout the country. However, a state having a
population not exceeding 20 lakh may not constitute panchayats at	the intermediate level.	Election of Members and Chairpersons
All the members of panchayats at the village, intermediate and district	levels shall be elected directly by the people. Further, the chairperson	of panchayats at the intermediate and district levels shall be elected
indi-rectly–by and from amongst the elected members thereof.	However, the chairperson of a panchayat at the village level shall be	elected in such manner as the state legislature determines.
The chairperson of a panchayat and other members of a panchayat	elected directly or indirectly shall have the right to vote in the meetings	of the panchayats.
Reservation of Seats	The act provides for the reservation of seats for scheduled castes and	scheduled tribes in every panchayat (i.e., at all the three levels) in
proportion of their population to the total population in the panchayat	area. Further, the state legislature shall provide for the reservation of	offices of chairperson in the panchayat at the village or any other level
for the SCs and STs.	The act provides for the reservation of not less than one-third of the	total number of seats for women (including the number of seats
reserved for women belonging the SCs and STs). Further, not less	than one-third of the total number of offices of chairpersons in the	panchayats at each level shall be reserved for women.
chairperson in the panchayat at any level in favour of backward	classes.	The reservation of seats as well as the reservation of offices of
chairpersons in the panchayats for the scheduled castes and	scheduled tribes shall cease to have effect after the expiration of the	period specified in Article 334 (which is presently seventy years, that
is, till 2020).	It must be noted here that the above provision relating to the	reservation of seats in panchayats (both members and chairpersons)
for the scheduled castes is not applicable to the state of Arunachal	Pradesh. This is because the state is inhabited fully by indigenous	tribal people and there are no scheduled castes. This provision was
added later by the 83rd Constitutional Amendment Act of 2000.	Duration of Panchayats	The act provides for a five-year term of office to the panchayat at
every level. However, it can be dissolved before the completion of its	term. Further, fresh elections to constitute a panchayat shall be	completed (a) before the expiry of its duration of five years; or (b) in
case of dissolution, before the expiry of a period of six months from	the date of its dissolution.	But, where the remainder of the period (for which the dissolved
panchayat would have continued) is less than six months, it shall not	be necessary to hold any election for constituting the new panchayat	for such period.
Moreover, a panchayat constituted upon the dissolution of a	panchayat before the expiration of its duration shall continue only for	the remainder of the period for which the dissolved panchayat would
have continued had it not been so dissolved. In other words, a	panchayat reconstituted after premature dissolution does not enjoy	the full period of five years but remains in office only for the remainder
of the period.	Disqualifications	A person shall be disqualified for being chosen as or for being a
member of panchayat if he is so disqualified, (a) under any law for the	time being in force for the purpose of elections to the legislature of the	state concerned, or (b) under any law made by the state legislature.
questions of disqualifications shall be referred to such authority as the	state legislature determines.	State Election Commission
The superintendence, direction and control of the preparation of	electoral rolls and the conduct of all elections to the panchayats shall	be vested in the state election commission. It consists of a state
election commissioner to be appointed by the governor. His conditions	of service and tenure of office shall also be determined by the	governor. He shall not be removed from the office except in the
manner and on the grounds prescribed for the removal of a judge of	the state high court4. His conditions of service shall not be varied to	his disadvantage after his appointment.

of taxation to mobilise their own financial resources.

6. There should be a regular social audit by a district level agency

and by a committee of legislators to check whether the funds

allotted for the vulnerable social and economic groups are

actually spent on them.

7. The state government should not supersede the panchayati raj

institutions. In case of an imperative supersession, elections

should be held within six months from the date of supersession.

8. The nyaya panchayats should be kept as separate bodies from

that of development panchayats. They should be presided over

by a qualified judge.

9. The chief electoral officer of a state in consultation with the chief

election commissioner should organise and conduct the

panchayati raj elections.

10. Development functions should be transferred to the zila parishad

and all development staff should work under its control and

supervision.

11. The voluntary agencies should play an important role in

mobilising the support of the people for panchayati raj.

12. A minister for panchayati raj should be appointed in the state

council of ministers to look after the affairs of the panchayati raj

institutions.

13. Seats for SCs and STs should be reserved on the basis of their

population.

14. A constitutional recognition should be accorded to the

Panchayati Raj institutions. This would give them the requisite

status (sanctity and stature) and an assurance of continuous

functioning.

Due to the collapse of the Janata Government before the

completion of its term, no action could be taken on the

recommendations of the Ashok Mehta Committee at the central level.

However, the three states of Karnataka, West Bengal and Andhra

Pradesh took steps to revitalise the panchayati raj, keeping in view

The Committee to review the existing Administrative Arrangements for

Rural Development and Poverty Alleviation Programmes under the

chairmanship of G.V.K. Rao was appointed by the Planning

Commission in 1985. The Committee came to conclusion that the

developmental process was gradually bureaucratised and divorced

from the Panchayati Raj. This phenomena of bureaucratisation of

development administration as against the democratisation weakened

the Panchayati Raj institutions resulting in what is aptly called as

‘grass without roots’. Hence, the Committee made the following

recommendations to strengthen and revitalise the Panchayati Raj

system:

(i) The district level body, that is, the Zila Parishad should be of

pivotal importance in the scheme of democratic decentralisation.

It stated that “the district is the proper unit for planning and

development and the Zila Parishad should become the principal

body for management of all development programmes which can

be handled at that level.”

(ii) The Panchayati Raj institutions at the district and lower levels

should be assigned an important role with respect to planning,

implementation and monitoring of rural development programmes.

(iii) Some of the planning functions at the state level should be

transferred to the district level planning units for effective

decentralized district planning.

(iv) A post of District Development Commissioner should be created.

He should act as the chief executive officer of the Zila Parishad

and should be in charge of all the development departments at

the district level.

(v) Elections to the Panchayati Raj institutions should be held

regularly. It found that elections became overdue for one or more

tiers in 11 states.

Thus the committee, in its scheme of decentralised system of field

administration, assigned a leading role to the Panchayati Raj in local

planning and development. It is in this respect that the

recommendation of the G.V.K. Rao Committee Report (1986) differed

from those of the Dantwala Committee Report on Block-Level

Planning (1978) and the Hanumantha Rao Committee Report on

District Planning (1984). Both the committees have suggested that the

basic decentralised planning function should be done at the district

level. The Hanumantha Rao Committee advocated separate district

decentralised planning though the Committee stated that Panchayati

Raj institutions would also be associated with this process (of

decentralised planning). The committee recommended that the

Collector should be the coordinator, at the district level, of all

developmental and planning activities. Thus the, Hanumantha Rao

Committee differed in this respect from those of Balwantray Mehta

Committee, the Administrative Reforms Commission of India, the

Ashok Mehta Committee and finally the G.V.K. Rao Committee which

recommended reduction in the developmental role of the District

Collector and which assigned a major role to the Panchayati Raj in

development administration.

L M Singhvi Committee

In 1986, Rajiv Gandhi government appointed a committee to prepare

a concept paper on ‘Revitalisation of Panchayati Raj Institutions for

Democracy and Development’ under the chairmanship of L.M.

Singhvi. It made the following recommendations.

(i) The Panchayati Raj institutions should be constitutionally

recognised, protected and preserved. For this purpose, a new

chapter should be added in the Constitution of India. This will

make their identity and integrity reasonably and substantially

inviolate. It also suggested constitutional provisions to ensure

regular, free and fair elections to the Panchayati Raj bodies.

(ii) Nyaya Panchayats should be established for a cluster of villages.

(iii) The villages should be reorganised to make Gram Panchayats

more viable. It also emphasised the importance of the Gram

Sabha and called it as the embodiment of direct democracy.

(iv) The Village Panchayats should have more financial resources.

(v) The judicial tribunals should be established in each state to

adjudicate controversies about election to the Panchayati Raj

institutions, their dissolution and other matters related to their

functioning.

Thungon Committee

In 1988, a sub-committee of the Consultative Committee of Parliament

was constituted under the chairmanship of P.K. Thungon to examine

the political and administrative structure in the district for the purpose

of district planning. This committee suggested for the strengthening of

1. The Panchayati Raj bodies should be constitutionally

recognized.

2. A three-tier system of Panchayati Raj with panchayats at the

village, block and district levels.

3. Zilla Parishad should be the pivot of the Panchayati Raj system.

It should act as the planning and development agency in the

district.

4. The Panchayati Raj bodies should have a fixed tenure of five

years.

5. The maximum period of super session of a body should be six

months.

6. A planning and co-ordination committee should be set-up at the

state level under the chairmanship of the minister for planning.

The presidents of Zilla Parishads should be its members.

7. A detailed list of subjects for Panchayati Raj should be prepared

and incorporated in the Constitution.

8. Reservation of seats in all the three-tiers should be on the basis

of population. There should also be reservation for women.

9. A state finance commission should be set-up in each state. It

would lay down the criteria and guidelines for the devolution of

finances to the Panchayati Raj institutions.

10. The district collector should be the chief executive officer of the

Zilla Parishad.

Gadgil Committee

The Committee on Policy and Programmes was constituted in 1988 by

the Congress party under the chairmanship of V.N. Gadgil. This

committee was asked to consider the question of “how best

Panchayati Raj institutions could be made effective”. In this context,

the committee made the following recommendations:

1. A constitutional status should be bestowed on the Panchayati

Raj institutions.

2. A three-tier system of Panchayati Raj with panchayats at the

village, block and district levels.

3. The term of Panchayati Raj institutions should be fixed at five

years.

4. The members of the Panchayats at all the three levels should be

6. The Panchayati Raj bodies should have the responsibility of

preparation and implementation of plans for socioeconomic

development. For this purpose, a list of subjects should be

specified in the constitution.

7. The Panchayat Raj bodies should be empowered to levy, collect

and appropriate taxes and duties.

8. Establishment of a State Finance Commission for the allocation

of finances to the Panchayats.

9. Establishment of a State Election Commission for the

conduction of elections to the panchayats.

The above recommendations of the Gadgil Committee became the

basis for drafting an amendment bill aimed at conferring the

constitutional status and protection to the Panchayati Raj institutions.

Constitutionalisation

Rajiv Gandhi Government

The Rajiv Gandhi Government introduced the 64th Constitutional

Amendment Bill in the Lok Sabha in July 1989 to constitutionalise

panchayati raj institutions and make them more powerful and broad

based. Although, the Lok Sabha passed the bill in August 1989, it was

not approved by the Rajya Sabha. The bill was vehemently opposed

by the Opposition on the ground that it sought to strengthen

centralisation in the federal system.

V.P. Singh Government

The National Front Government, soon after assuming office in

November 1989 under the Prime Ministership of V.P. Singh,

announced that it would take steps to strengthen the panchayati raj

institutions. In June 1990, a two-day conference of the state chief

ministers under the chairmanship of V.P. Singh was held to discuss

the issues relating to the strengthening of the panchayati raj bodies.

The conference approved the proposals for the introduction of a fresh

constitutional amendment bill. Consequently, a constitutional

amendment bill was introduced in the Lok Sabha in September 1990.

However, the fall of the government resulted in the lapse of the bill.

Narasimha Rao Government

The Congress Government under the prime ministership of P.V.

Narasimha Rao once again considered the matter of the

proposals in this regard to delete the controversial aspects and

introduced a constitutional amendment bill in the Lok Sabha in

September, 1991. This bill finally emerged as the 73rd Constitutional

73RD AMENDMENT ACT OF 1992

Significance of the Act

This act has added a new Part-IX to the Constitution of India. This part

is entitled as ‘The Panchayats’ and consists of provisions from Articles

243 to 243 O. In addition, the act has also added a new Eleventh

Schedule to the Constitution. This schedule contains 29 functional

items of the panchayats. It deals with Article 243-G.

The act has given a practical shape to Article 40 of the Constitution

which says that, “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.”

This article forms a part of the Directive Principles of State Policy.

The act gives a constitutional status to the panchayati raj

institutions. It has brought them under the purview of the justiciable

part of the Constitution. In other words, the state governments are

under constitutional obligation to adopt the new panchayati raj system

in accordance with the provisions of the act. Consequently, neither the

formation of panchayats nor the holding of elections at regular

intervals depend on the will of the state government any more.

The provisions of the act can be grouped into two categories–

compulsory and voluntary. The compulsory (mandatory or obligatory)

provisions of the act have to be included in the state laws creating the

new panchayati raj system. The voluntary provisions, on the other

hand, may be included at the discretion of the states. Thus the

voluntary provisions of the act ensures the right of the states to take

local factors like geographical, politico-administrative and others, into

consideration while adopting the new panchayati raj system.

The act is a significant landmark in the evolution of grassroot

democratic institutions in the country. It transfers the representative

democracy into participatory democracy. It is a revolutionary concept

to build democracy at the grassroot level in the country.

Salient Features

The salient features of the act are:

The act provides for a Gram Sabha as the foundation of the

panchayati raj system. It is a body consisting of persons registered in

the electoral rolls of a village comprised within the area of Panchayat

at the village level. Thus, it is a village assembly consisting of all the

registered voters in the area of a panchayat. It may exercise such

powers and perform such functions at the village level as the

legislature of a state determines.

Three-Tier System

The act provides for a three-tier system of panchayati raj in every

state, that is, panchayats at the village, intermediate, and district

levels3. Thus, the act brings about uniformity in the structure of pan-

chayati raj throughout the country. However, a state having a

population not exceeding 20 lakh may not constitute panchayats at

the intermediate level.

Election of Members and Chairpersons

All the members of panchayats at the village, intermediate and district

levels shall be elected directly by the people. Further, the chairperson

of panchayats at the intermediate and district levels shall be elected

indi-rectly–by and from amongst the elected members thereof.

However, the chairperson of a panchayat at the village level shall be

elected in such manner as the state legislature determines.

The chairperson of a panchayat and other members of a panchayat

elected directly or indirectly shall have the right to vote in the meetings

of the panchayats.

Reservation of Seats

The act provides for the reservation of seats for scheduled castes and

scheduled tribes in every panchayat (i.e., at all the three levels) in

proportion of their population to the total population in the panchayat

area. Further, the state legislature shall provide for the reservation of

offices of chairperson in the panchayat at the village or any other level

for the SCs and STs.

The act provides for the reservation of not less than one-third of the

total number of seats for women (including the number of seats

reserved for women belonging the SCs and STs). Further, not less

than one-third of the total number of offices of chairpersons in the

panchayats at each level shall be reserved for women.

chairperson in the panchayat at any level in favour of backward

classes.

The reservation of seats as well as the reservation of offices of

chairpersons in the panchayats for the scheduled castes and

scheduled tribes shall cease to have effect after the expiration of the

period specified in Article 334 (which is presently seventy years, that

is, till 2020).

It must be noted here that the above provision relating to the

reservation of seats in panchayats (both members and chairpersons)

for the scheduled castes is not applicable to the state of Arunachal

Pradesh. This is because the state is inhabited fully by indigenous

tribal people and there are no scheduled castes. This provision was

added later by the 83rd Constitutional Amendment Act of 2000.

Duration of Panchayats

The act provides for a five-year term of office to the panchayat at

every level. However, it can be dissolved before the completion of its

term. Further, fresh elections to constitute a panchayat shall be

completed (a) before the expiry of its duration of five years; or (b) in

case of dissolution, before the expiry of a period of six months from

the date of its dissolution.

But, where the remainder of the period (for which the dissolved

panchayat would have continued) is less than six months, it shall not

be necessary to hold any election for constituting the new panchayat

for such period.

Moreover, a panchayat constituted upon the dissolution of a

panchayat before the expiration of its duration shall continue only for

the remainder of the period for which the dissolved panchayat would

have continued had it not been so dissolved. In other words, a

panchayat reconstituted after premature dissolution does not enjoy

the full period of five years but remains in office only for the remainder

of the period.

Disqualifications

A person shall be disqualified for being chosen as or for being a

member of panchayat if he is so disqualified, (a) under any law for the

time being in force for the purpose of elections to the legislature of the

state concerned, or (b) under any law made by the state legislature.

questions of disqualifications shall be referred to such authority as the

state legislature determines.

State Election Commission

The superintendence, direction and control of the preparation of

electoral rolls and the conduct of all elections to the panchayats shall

be vested in the state election commission. It consists of a state

election commissioner to be appointed by the governor. His conditions

of service and tenure of office shall also be determined by the

governor. He shall not be removed from the office except in the

manner and on the grounds prescribed for the removal of a judge of

the state high court4. His conditions of service shall not be varied to

his disadvantage after his appointment.