CS Professional · CSR and Social Governance
Local Self Governance: formula sheet
Key formulas
- Three forms of decentralisation
- Decentralisation = Political + Administrative + Fiscal
- Use this to structure any answer on decentralisation. Weakness in any one limits real self governance.
- Constitutional basis
- Rural: 73rd Amendment (Part IX) | Urban: 74th Amendment (Part IXA)
- Both amendments were passed in 1992 and came into force in 1993.
- Directive Principle
- Article 40 - organisation of village panchayats
- This is the pre-1992 constitutional starting point for Panchayati Raj.
- Key committees
- Balwant Rai Mehta (1957): three-tier | Ashok Mehta (1977): two-tier
- Examiners like questions on the sequence of committees.
- Constitutional basis
- 73rd Amendment Act, 1992 = Part IX (Articles 243 to 243O) + Eleventh Schedule (referred to in Article 243G)
- In force from 24 April 1993. It added Part IX titled The Panchayats.
- Three-tier structure
- Village + Intermediate + District
- Intermediate tier is optional for a State with population not exceeding 20 lakh.
- Gram Sabha
- Gram Sabha = all persons registered in the electoral roll of the village(s) within a Panchayat area
- Article 243(b). Powers are as the State Legislature provides by law.
- Term and fresh election
- Term = 5 years; election to be completed before expiry, or within 6 months of dissolution
- A body formed after dissolution continues only for the remainder of the term.
- Women reservation
- Seats for women ≥ 1/3 of total seats (including SC/ST women seats); same for Chairperson offices
- Reservation for SC/ST is in proportion to their population in the Panchayat area.
- Minimum age to contest
- Age ≥ 21 years
- A person is disqualified if disqualified under any law for the time being in force for State Legislature elections (except that age 21 suffices instead of 25), or under State law.
- Finance Commission
- State Finance Commission constituted within 1 year of the Amendment, then every 5 years (Article 243I)
- Reviews finances and recommends tax sharing, grants-in-aid and funds for Panchayats.
- Election control
- Superintendence, direction and control of rolls and elections = State Election Commission (Article 243K)
- The State Election Commissioner is removable only like a High Court Judge.
- Eleventh Schedule
- 29 subjects
- Devolution to Panchayats is by State law. It is not automatic.
- Source and commencement
- 74th Amendment Act, 1992 | in force 1 June 1993 | Part IXA | Articles 243P to 243ZG | Twelfth Schedule
- Remember the Part, the Article range and the Schedule together. The Twelfth Schedule lists 18 functions.
- Three types of municipalities
- Nagar Panchayat (transitional area) | Municipal Council (smaller urban area) | Municipal Corporation (larger urban area)
- Article 243Q. The Governor specifies the area by public notification.
- Term and fresh election
- Term = 5 years | Election after dissolution within 6 months
- Article 243U. A body elected after dissolution serves only for the remainder of the term. If the remainder of the term is less than six months, no fresh election is needed.
- Reservation of seats
- SC/ST seats in proportion to population | Women: at least 1/3 of seats, including SC/ST women's seats
- Article 243T. Reserved seats may be allotted by rotation to different constituencies.
- Ward Committee
- Compulsory where population is 3 lakh or more
- Article 243S. Composition and territorial area are decided by the state legislature.
- Finance and elections
- State Finance Commission: Article 243Y | State Election Commission: Article 243ZA
- The Governor constitutes the State Finance Commission at the end of every fifth year. It reviews municipal finances and recommends principles for grants and tax sharing.
- Planning committees
- District Planning Committee: Article 243ZD | Metropolitan Planning Committee: Article 243ZE
- The Metropolitan Planning Committee is for metropolitan areas with a population of 10 lakh or more.
- Panchayat SFC provision
- Article 243-I: Governor constitutes SFC within one year of the 73rd Amendment and then every fifth year
- Reviews finances of panchayats and recommends principles for distribution, taxes and grants.
- Municipality SFC provision
- Article 243-Y: the Article 243-I SFC also reviews municipal finances
- The same Commission covers both panchayats and municipalities.
- Taxation powers of panchayats
- Article 243-H: State law may authorise panchayats to levy and collect taxes, assign state taxes and give grants-in-aid
- Powers exist only as far as the State Legislature provides by law.
- Taxation powers of municipalities
- Article 243-X: State law may authorise municipalities to levy taxes, assign state taxes and give grants-in-aid
- Same structure as for panchayats.
- SFC tenure cycle
- Review period = 5 years
- Each SFC covers a five-year window; the next one follows.
- Revenue sources summary
- Local body revenue = own taxes and fees + shared state taxes + grants-in-aid + borrowings and other receipts
- Use as a framework for any answer on sources of income.
- Constitutional basis
- Article 243M(1) excludes Scheduled Areas (Article 244(1)) and tribal areas (Article 244(2)) from Part IX; Article 243M(4)(b) lets Parliament extend Part IX to Scheduled Areas with exceptions and modifications
- PESA 1996 is that extension. It applies to Fifth Schedule areas, not Sixth Schedule areas.
- Consistency rule
- State panchayat law must be consistent with customary law, social and religious practices and traditional management of community resources
- This is the central principle of PESA. State laws inconsistent with PESA had to be amended within one year of its enactment, failing which they ceased to have effect.
- Gram Sabha role
- Every village has a Gram Sabha, competent to safeguard tradition and culture, community resources and customary dispute resolution
- Gram Sabha must be consulted before land acquisition for development projects and resettlement of displaced persons.
- Key Gram Sabha and panchayat powers
- Approval of plans; identification of beneficiaries; control over minor forest produce, minor water bodies and minor minerals (as framed in state laws); control over village markets, local plans and institutions; prevention of land alienation; regulation of intoxicants and money lending
- Learn these as a list. Powers are given through state laws, so exact wording varies by state.
- Reservation rule
- Seats in every panchayat reserved for Scheduled Tribes in proportion to population, but not less than one-half of the total seats; chairperson posts of panchayats at all levels reserved for Scheduled Tribes
- Two parts to remember: proportional seat reservation with a floor of one-half of total seats in each panchayat, and chairpersons of all levels to be Scheduled Tribe members.
- Sixth Schedule bodies
- Each Autonomous District Council: not more than 30 members, of whom not more than 4 are nominated by the Governor and the rest elected, with a 5-year term
- Applies to Assam, Meghalaya, Tripura and Mizoram. Regional Councils are constituted separately for autonomous regions within a district. The councils have legislative, judicial and financial powers within the limits of the Sixth Schedule.
- Constitutional basis
- Part IX (73rd Amendment) = Panchayats; Part IXA (74th Amendment) = Municipalities
- Say which tier you mean. Rural means panchayats, urban means municipalities.
- Roles of a local body
- Service delivery + scheme implementation + planning + accountability + partnership
- Use as a skeleton for any descriptive answer.
- Corporate partnership test
- Schedule VII activity + CSR policy and action plan + local need + defined roles + monitoring
- A tie-up with a local body does not make a project eligible unless it fits Schedule VII.
- Local-area preference
- Company gives preference to the local area and areas around its operations
- This is a preference, not a bar on spending elsewhere.
Quick revision
- Local self governance is the running of local affairs by elected local bodies.
- The 73rd Amendment deals with Panchayats in rural areas; the 74th deals with Municipalities in urban areas.
- Both amendments gave local bodies constitutional status.
- Both provide for regular elections and reservation of seats for weaker sections and women.
- The Gram Sabha is the base of the Panchayati Raj system.
- Panchayats operate in a tiered structure from village upward.
- The State Finance Commission reviews local body finances and recommends how resources should be shared.
- Local bodies are funded by their own taxes and fees, grants and devolved funds.
- PESA extends Panchayat provisions to Scheduled Areas with special powers for the Gram Sabha.
- Local bodies deliver sanitation, water, health, education and other local services.
- CSR works best when aligned with local body plans and priorities.
- In answers, name the provision, apply it to the facts, then conclude.
Common mistakes
- Confusing local self governance with simply local administration by State officials. Fix: Stress that local self governance means elected local bodies with their own powers, not officials acting for the State.
- Mixing up the 73rd and 74th Amendments. Fix: Remember 73 for rural Panchayats (Part IX) and 74 for urban bodies (Part IXA).
- Saying the Constitution itself gives Panchayats all 29 Eleventh Schedule powers. Fix: Write that States may by law endow Panchayats with powers and authority to function as self-government institutions, including these subjects.
- Saying every State must have three tiers. Fix: Add that a State with population not exceeding 20 lakh need not constitute the intermediate tier.
- Mixing the 73rd and 74th Amendments, for example saying Part IX covers municipalities. Fix: Use the pair: Part IX with the Eleventh Schedule is rural (73rd); Part IXA with the Twelfth Schedule is urban (74th).
- Stating that a ward committee is needed in every municipality. Fix: Write that it is compulsory only where the population is three lakh or more.
- Saying SFC recommendations are binding on the State. Fix: Write that the report is laid before the Legislature with an action taken memorandum, and the State is not bound to accept it.
- Mixing up the Union Finance Commission and the State Finance Commission. Fix: The SFC is set by the Governor and covers State and local bodies; the Union Finance Commission is set by the President and considers SFC reports when recommending supplementary resources.
- Saying PESA applies to Sixth Schedule areas. Fix: PESA covers Fifth Schedule Scheduled Areas. The Sixth Schedule has its own council system and sits outside PESA.
- Treating PESA as a stand-alone code that gives powers directly. Fix: PESA requires states to amend their panchayat laws. Powers reach the Gram Sabha through state laws and rules, so mention this.
Exam tips
- Always give a short timeline with years; evolution questions reward dates.
- Learn the one-line difference between the 73rd (rural) and 74th (urban) Amendments.
- Use numbered points for features and importance; examiners can mark them quickly.
- Add a line connecting local bodies to CSR or social governance to show application.
- Do not copy long text from the study material; use your own short sentences.
- Learn the Article numbers only if you are sure: Part IX covers Articles 243 to 243O, and the Eleventh Schedule is referred to in Article 243G. Otherwise write Part IX.
- Write exact conditions: 20 lakh population, five years, six months, one-third. Examiners look for these numbers.
- In case questions, structure the answer as provision, analysis, conclusion.