73rd Constitutional Amendment Act – Local Self Government

About Panchayati Raj Institutions (PRIs)

    • The 73rd Amendment granted constitutional status to PRIs.
    • It provided a framework for devolution of power and resources.
    • Added Part IX (The Panchayats) to the constitution covering Article 243 to 243(O)
    • Added Eleventh Schedule covering 29 Subjects within the functions of the Panchayats.
    • Some provisions are:
    • A three-tier system of panchayats.
    • Reservation of seats for scheduled castes, scheduled tribes, and women in panchayats at all levels.
    • Constitution of State Finance Commissions to review the financial position of panchayats and to make recommendations.
    • Establishing a State Election Commission to conduct elections to local governments at three tiers.

Objectives

Positive working of PRIs:

    • Participative democracy: reduced the distance between citizen and government.
    • For example- Hiware Bazar village, Maharashtra has improved living standards through participatory decision-making.
    • Empowering Vulnerable sections: 33% reservation for Women, SC and ST.
      • 6% of total Panchayati Raj Institution representatives are women.
    • Transparency: The Gram Sabha is a mechanism of Social Audit.
    • Effective public service deliverythrough bottom-up approach.
      • For example– effective implementation of MGNREGA.

Challenges faced by PRIs:

    • The “3F” problems: Finance, Functions, and Functionaries

    • Lack actual participation of women and disadvantaged groups:Concept of Panchayat pati, where real power is exercised by the male guardian.
    • Ineffective District Planning committees (DPC): lack a robust institutional framework, as inadequate staffing, insufficient infrastructure, and lack of dedicated resources.
    • Lack empowerment: Prevalence of one-size fit all approach and localised solutions not encouraged.

Role of Gram Sabha in Local Self Governance

About Gram Sabha:

    • Article 243 (b) defines the gram sabha as which consists of persons registered on the electoral rolls.
    • State legislature has the power to empower Gram Sabha.
    • It works as a deliberative body to uphold the responsibility of Gram Panchayat.

Role and functions:

    • Implements Program & Schemes of the Panchayat.
    • Identification of beneficiaries for various government schemes
    • Promotes Mass Education & Family Welfare
    • Fosters Social Unity & Harmony in the village.
    • Ensures Accountability of Gram Panchayat.
    • Considers matters related to taxation & revenue.
    • Discusses issues referred by the Gram Panchayat for decision-making.

Gram Sabha, MGNREGA and social audit

About Social Audit

    • Means of continuous public vigilance and to ensure public accountability in implementation of projects, laws and policies.
    • Provided under MGNREGA Act, 2005.
    • Checks quality of work, financial misappropriation, and procedural deviations.

Legal Framework

    • Section 17 of MGNREGA mandates gram sabhas to monitor work execution.
    • Audit of Scheme Rules, 2011, developed by MoRD & CAG, set procedures for social audits.
    • Social Audit Units (SAUs) operate independently with 0.5% of MGNREGA state expenditure.
    • Centre can withhold MGNREGS funds if states fail to conduct social audits.

Achievements:

    • Kerala leads with 100% coverage of gram panchayats in social audits.
    • States with over 50% coverage: Bihar (64.4%), Gujarat (58.8%), J&K (64.1%), Odisha (60.42%), UP (54.97%).
    • 40%+ coverage states: Telangana (40.5%), Himachal Pradesh (45.32%), Andhra Pradesh (49.7%).
    • Low coverage poll-bound states: Madhya Pradesh (1.73%), Mizoram (17.5%), Chhattisgarh (25.06%), Rajasthan (34.74%).

Challenges:

    • Low awareness among local communities.
    • Lack funding for Social Audit Units.
    • Political interference affecting impartiality.
    • Poor cooperation between implementing authorities & audit units.
    • Lack of follow-up on audit findings.
    • Threats & harassment to social auditors and whistle-blowers.

Digitalization of PRIs (e-panchayat)

Evolution:

Key Initiatives:

    • e-Panchayat Mission Mode Project (MMP): Automating Panchayat operations, like planning, budgeting, accounting, and monitoring to make them more transparent and effective.
    • E-GramSwaraj Portal: A work-based application for PRIs. It integrates planning, budgeting, accounting, asset management, and online payments into a single digital platform.
    • Bharat Net project: To create network to connect all the GPs by broadband in the country.
    • Integration with Public Financial Management System (PFMS): To enable real-time payments to vendors and service providers.

Related facts:

    • Approximately 2.49 lakh Gram Panchayats have uploaded their GPDPs for the 2023-24 period on the eGramSwaraj portal.
    • Around 2.30 lakh Gram Panchayats have completed online transactions for the 15th Finance Commission grants for the 2023-24 fiscal year.
    • 19 lakh GPs have taken steps for payments through Public Finance Management System (PFMS).

Challenges in Digitalizing PRIs:

    • Infrastructure deficiencies
    • Capacity and skill gaps
    • Digital divide
    • Political and administrative interference

Way Forward:

    • Infrastructure enhancement
    • Capacity building
    • Bridging the digital divide
    • Ensuring autonomous and effective local governance system
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