CONSTITUTION, STRUCTURE AND COMPOSITION OF LOCAL SELF-GOVERNANCE SYSTEM AS PER THE KERALA PANCHAYAT RAJ ACT,1994
CONSTITUTION, STRUCTURE AND COMPOSITION OF LOCAL SELF-GOVERNANCE SYSTEM AS PER THE KERALA PANCHAYAT RAJ ACT,1994
Though the Panchayat Raj institutions and local bodies have been in existence for a long time, they became weak and ineffective due to reasons including absence of regular elections, prolonged supersessions, insufficient representation of weaker section, inadequate devolution of powers and lack of financial resources. The 73rd and 74th Constitution Amendment Acts,1992 were made to overcome these short-comings by enshrining in the Constitution certain basic and essential features of Panchayat Raj institutions and Municipalities respectively. These Acts enjoins upon the States to establish a three-tier system of Panchayats at the village, intermediate and district levels and municipalities in the urban areas. The Kerala Panchayat Raj Act,1994 and The Kerala Municipality Act, 1994 were passed in conformity with the provisions of 73rd and 74th Amendment Acts respectively.
The Kerala Panchayat Raj Act,1994 is a legislation enacted by Kerala government for putting into practice the constitutional scheme which is mentioned in the 73rd Constitution Amendment Act, 1992. Purpose and object of the Act is for meeting the objective and purpose of Indian Constitution which in incorporated by the 73rd constitutional amendment. Purpose of Village Panchayat system is for meeting the objective of this state legislature which is mentioned in the Third schedule. Purpose of Block Panchayat system is for meeting the objective of this state legislature which is mentioned in the Fourth schedule. Purpose of District Panchayat system is for meeting the objective of this state legislature which is mentioned in the Fifth schedule. Election proceedings are same as to that of Representation of the People Act, 1951. Massive reservation is provided to backward classes at each level of Panchayat.
Grama Sabha- Section 3
Grama Sabha means a body consisting of all persons whose names are included in the electoral rolls relating to a village comprised within the area of a village panchayat. Purpose and objective of Grama Sabha is for implementing development plans, fixing the priority of development plans, the final list of beneficiaries, for preparing massive plans and programs for irrigation facilities and also for environmental protection.
Grama Sabha shall meet at least once in three months at the place fixed by the Village Panchayat and the Convenor of the Village Panchayat should compulsorily invite the member of the Block Panchayat, the District Panchayat and the Legislative Assembly representing the area of the Grama Sabha. The Convenor shall, on a request in writing made by not less than ten percent of the members of any Grama Sabha, convene a special meeting of the Grama Sabha within fifteen days with the agenda given along with the request.
The member of a village panchayat representing the constituency comprised in the area of a village shall be the Convenor of that Grama Sabha; if the Convenor is unable to perform his functions as such, the President may appoint a member representing any adjacent constituency as the Convenor. Every meeting of the Grama Sabha shall be presided over by the President of the village panchayat or in his absence the vice-president or in the absence of both of them by the Convenor of Grama Sabhas.
A report relating to the developmental programmes relating to the constituency during the previous year and these that are proposed to by undertaken during the current year, and the expenditure therefore, the annual statement of accounts and the administration report of the preceding year should place before the Grama Sabha by the village panchayat. If in any circumstances, any decision of the Grama sabha could not be implemented, the President should report the reason therefore, before the Grama Sabha. The village panchayats, the block panchayats and the district panchayats should give due consideration to the recommendations and suggestions of the Grama Sabha.
Grama Sabha has the responsibility of dissemination of information regarding developmental and welfare activities, participating in and canvassing of programmes of Health and Literacy and such other time bound developmental programmes, collecting essential socio-economic data, providing feedback on the performance of development programmes, resort to moral sanction to pay taxes, repayment of loans promote environmental cleanliness and to maintain social harmony, mobilize local resources to augment resources of the panchayat, supervising development activities as volunteer teams and make arrangements for reporting urgently incidence of epidemics, natural calamities, etc.
Grama Sabha is constituted for the dissemination of information relating to development activities that is ensuring the participation of all the people that are residing in a particular area and collectively they discuss the possibility of development programmes in a particular locality and they expose allocation of fund and they find beneficiaries, they make the list of most needy persons and allocation of fund depend upon the priority of the neediness of the people and they make list of beneficiaries and Grama Sabha has to post the entire targeted program for the coming financial year in accordance with the consent of people. Once it is settled, it is settled forever. The minutes of Grama Sabha is monitored by the member selected from the particular area with the cooperation and active participation of people. Minutes of Grama Sabha is prepared by the secretary of local self-government system, then after preparation of priority list and the entire program of Grama Sabha send back to the Block Panchayat system, from the office of block panchayat system to the District Panchayat system. The system is under obligation to implement whatever is decided by the people, this is basically known as people planning or local planning. Grama Sabha is considered as a basic forum for implementing grass root democracy.
The Kerala Panchayat Raj Act has not changed any provision regarding Grama Sabha that is given in the Constitution. It has added more levels to Grama Sabha rather than minimizing the burdens of Grama Sabha.
Ø Joby George v. Thomas Varghese[1]
Grama Sabha is the basic unit at the grass-root level where the Common man's voice will be herd in matters relating to his grievance. That self-government institution is where the weakest of the weak is empowered to raise questions in relation to governance through that institution and the implementation of schemes for economic development in the area to which a Grama Sabha relates and social justice policies are definitely matters of concern for every individual citizen who comes to the Grama Sabha. That citizens are entitled to know about the grants for economic development. He has the right under the Constitution and laws to ensure for his society that implementation of schemes for economic development is appropriately carried out. This includes the requirement to avoid pilferage. In this era when much is spoken about illegal siphoning of public funds, the right of the citizens to ask for the accounts in the Grama Sabha is among the most cherished entitlements that he has under the Constitution and the Act. If the exercise of such constitutional and statutory right is sought to be crippled by threat or criminal force, that would debase the very concept of the Grama Sabha and its strength as an institution of self-government.
Ø Mavoor Grama Panchayath and Another v. Ombudsman and Others[2]
It is true that as per Rule 3 (a) of the Kerala Panchayat Raj (Manner of Service of Notices) Rules, 1996, service of individual notice to the person who is intended to be served with notice has been contemplated. But Rule 3 of the Kerala Panchayat Raj (Manner of Service of Notices) Rules, 1996 applies only in cases where the Panchayat Raj Act or Rules or Bye-laws made thereunder requires the Panchayat to serve notices to a person. The Panchayat Raj Act does not insist on service of notice of Grama Sabha meetings to the persons who constitute the Grama Sabha as per Section 3(2) or to the head of the families within the area of the Grama Sabha.
Constitution of Panchayats at different levels- Section 4
The Government can constitute the following by notifying in official gazette:
a) a village panchayat for each village or for group of villages.
b) a block panchayat at intermediate level; and
c) a district panchayat for each district panchayat area and specify the names and headquarters of such panchayats.
The Government can, at the request of the panchayat concerned, or after consultation with the panchayat and after previous publication of the proposal by notification:
a) increase the area of any village panchayat by including within such panchayat area any village or group of villages;
b) diminish the area of any village panchayat by excluding from such panchayat area any village or group of villages;
c) alter the headquarters of a panchayat at any level; or
d) alter the name of a panchayat at any level.
Any alteration extending or reducing the area of a village panchayat cannot be brought into force before the expiry of the term of the existing committee of that panchayat. The Government may after consultation with the panchayat, pass such orders as they deem fit as in the disposal of any part of the property vested in a village panchayat which has ceased to exercise jurisdiction over any village or group of villages and the discharge of the liabilities of the village panchayat relating to such property or arising from such village including all matters concerned there with or incidental thereto.
Ø Saji Joseph and Others v. State of Kerala[3]
Section 4(2) states that in a case where action is not being taken at the request of the Panchayat, the Government may, after consultation with the Panchayat and after previous publication of the proposal, issued the final notification. Therefore, two elements are to be satisfied, i.e. "consultation and previous publication of the proposal, "there has been proposal. Consultation and previous publication being two elements of the statutory mode to be complied with, before a final notification is issued. Evidently, consultation under Section 4(2) is a procedural requirement which is a pre-condition for the validity of the subsequent decision. It is well settled that if the statute requires a particular thing to be done in a particular manner, then it shall be done in that manner or not at all. This also indicates that the provision is mandatory.
The Court can examine whether there was sufficient consultation. It is evident that a formal compliance of the provision regarding consultation is not that is indicated in the provision. The form is not material but the substance is important. It is necessary that consultation shall be directed to the essential points and to the core of the subject involved in the discussions. In the present case, while considering the question whether the Government has properly consulted the Panchayats and has considered the relevant materials projected by them in effecting diminution of the area of certain Block Panchayats, arises for consideration. The exercise done does not satisfy the principles laid down by the Apex Court and there is total non-application of mind to the relevant circumstances and total absence of materials also in support of the proposal as well as the final notification. The consultation initiated by forwarding the proposal, cannot be said to be sufficient and meaningful and therefore the final notification is clearly vitiated.
Ø Anil Kumar v. State of Kerala[4]
A proposal for bifurcation of Panchayat has to be placed before the panchayat, in its committee for consideration. The President alone cannot put forward any proposal. The use of the conjunction ‘and’ in S.4(2) of the Act, makes it abundantly clear that consultation with the panchayat and previous publication of the proposal are necessary before a decision to diminish the area of a panchayat is taken by the Government, on its proposal.
Ø Saji Joseph v. State of Kerala
The Apex Court emphasised the various relevant factors in the organisation of Village Panchayats and Block Panchayats including the remoteness of the seat of administration, want of proper transport and communication facilities, etc. in State of U.P. and Others v. Pradhan Sangh Kshettra Samithi and Others. This principle is of general application, evidently. Therefore, it is the responsibility of the Government to have a rational basis for forming the village panchayats and block panchayats considering these factors.
Ø Karunagappally Grama Panchayat v. State of Kerala[5]
A Panchayat is competent to file an original petition under Art.226 of the Constitution when any of its legal right is infringed by the authorities including the Government.
Incorporation and administration of panchayats- Section 5
Every panchayat is considered as a body corporate by the name of the panchayat, have perpetual succession and a common seal and is, subject to any restriction or qualification imposed by or under this Act or any other law, vested with the capacity of suing or being issued in its corporate name, of acquiring, holding and transferring property, movable or immovable, of entering into contracts and of doing all things necessary, proper or expedient for the purpose for which it is constituted.
Strength of Panchayats- Section 6
The total number of seats in a village panchayat, a block panchayat and a district panchayat are to be filled by direct election notified by the Government. The Government can alter the total number of seats in a Panchayat after publication of the relevant figures of each census by notification. The ratio between the population in a territorial are of Panchayat and the number of seats to be filled by election in such Panchayat shall, so far as practicable, be the same throughout the State.
The number of seats shall not; -
(a) in the case of Village Panchayat, be less than thirteen or more than twenty-three;
(b) in the case of a Block Panchayat, be less than thirteen or more than twenty-three;
(c) in the case of a District Panchayat, be less than sixteen or more than thirty-two.
Composition of Village Panchayat- Section 7
Every Village Panchayat shall consist of elected members equal to the number of seats notified by government and they are chosen by direct election. A Village Panchayat have a President and a Vice President elected by the members of the village Panchayat from among themselves. Village Panchayat system consists of several wards, which may vary from 13- 18 wards depending on the density of population.
Seats shall be reserved for the Scheduled Castes and Scheduled Tribes, the number of seats reserved shall be determined by the Government proportional to the population SC/ST in the Panchayat area, and such seats shall be allotted by the State Election Commission or an Officer authorised by it, by rotation to different constituencies in that Panchayat area. Where the population of the Scheduled Castes or the Scheduled Tribes in a Panchayat area is not sufficient enough to make them eligible for reservation of any seat, one seat shall be reserved in that Panchayat, for the Scheduled Castes or the Scheduled Tribes having higher population. Fifty per cent of the total number of seats reserved shall be reserved by the Government for women belonging to the Scheduled castes or the Scheduled Tribes as the case may be, but if the number of seats reserved for Scheduled Castes or the Scheduled Tribes is one, that seat shall not be reserved for women.
Fifty per cent of the total number of seats in a Village Panchayat shall be reserved by the Government for women and such seats shall be allotted by the State Election Commission or the Officer authorised by it, by rotation to different constituencies in the Village Panchayat area. None of the reservation provisions shall prevent members of SC/ST or the women from standing for election to non-reserved seats in a Village Panchayat
Composition of Block Panchayat-Section 8
Every Block Panchayat shall consist of elected members equal to the number of seats notified by government and the Presidents of the Village Panchayats in the territorial area of the Block Panchayat. All seats shall be filled by persons chosen by direct election. A Block Panchayat have a President and a Vice President elected by the elected members of the Block Panchayat from among themselves.
Stipulated seats shall be reserved for the Scheduled Castes and the Scheduled Tribes, the number of seats reserved shall be determined by the Government proportional to the population SC/ST in the Block Panchayat area, and such seats shall be allotted by the State Election Commission or an Officer authorised by it, by rotation to different constituencies in that Block Panchayat area. Where the population of the Scheduled Castes or the Scheduled Tribes in a Block Panchayat area is not sufficient enough to make them eligible for reservation of any seat, one seat shall be reserved in that Block Panchayat, for the Scheduled Castes or the Scheduled Tribes having higher population. Fifty per cent of the total number of seats reserved shall be reserved by the Government for women belonging to the Scheduled castes or the Scheduled Tribes, but if the number of seats reserved for Scheduled Castes or the Scheduled Tribes is one, that seat shall not be reserved for women.
Fifty per cent of the total number of seats in a Block Panchayat shall be reserved by the Government for women and such seats shall be allotted by the State Election Commission or the Officer authorised by it, by rotation to different constituencies in the Block Panchayat area. None of the reservation provisions shall prevent members of SC/ST or the women from standing for election to non-reserved seats in a Block Panchayat.
Composition of the District Panchayat- Section 9
Every District Panchayat shall consist of elected members equal to the number of seats notified by the Government and the Presidents of the Block Panchayats in the district. All seats shall be filled by persons chosen by direct election. A District Panchayat have a President and a Vice President elected by the elected members of the District Panchayat from among themselves.
Stipulated seats shall be reserved for the Scheduled Castes and the Scheduled Tribes, the number of seats reserved shall be determined by the Government proportional to the population SC/ST in the District Panchayat area, and such seats shall be allotted by the State Election Commission or an Officer authorised by it, by rotation to different constituencies in that District Panchayat area. Where the population of the Scheduled Castes or the Scheduled Tribes in a District Panchayat area is not sufficient enough to make them eligible for reservation of any seat, one seat shall be reserved in that District Panchayat, for the Scheduled Castes or the Scheduled Tribes having higher population. Fifty per cent of the total number of seats reserved shall be reserved by the Government for women belonging to the Scheduled castes or the Scheduled Tribes, but if the number of seats reserved for Scheduled Castes or the Scheduled Tribes is one, that seat shall not be reserved for women.
Fifty per cent of the total number of seats in a District Panchayat shall be reserved by the Government for women and such seats shall be allotted by the State Election Commission or the Officer authorised by it, by rotation to different constituencies in the District Panchayat area. None of the reservation provisions shall prevent members of SC/ST or the women from standing for election to non-reserved seats in a District Panchayat.
Conclusion
The Kerala Panchayat Raj Act,1994 and The Kerala Municipality Act, 1994 were enacted by Kerala government in pursuance of 73rd and 74th Constitution Amendment Acts respectively. The objects of the acts are to fulfil the provisions brought in by those amendments. Kerala Panchayat Raj Act,1994 provides for a three tier structure of Panchayat system: Village, Block and District Panchayats; it is the rural governance system. Kerala Municipality Act, 1994 also provides for a three tier urban governance system, that is, the Nagar/Town Panchayat, Municipal Council and Municipal Corporation depending upon density of population. All these institutions are the basic units of grass-root democracy where common man’s voice will be heard in matters relating to his grievances. It is through these self-government institutions that the weakest of weakest is empowered.
[1] 2012(2) KHC 476
[2] 2007 (4) KHC 803: 2007 (4) KLT 886
[3] 2010 (3) KHC 617: 2010 (3) KLT 672.
[4] 2005 (3) KLT 355
[5] 1996 (1) KLT 419; 1996 (1) KLJ 331: ILR 1996 (2) Ker.522
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