Vol 4 Issue 12 Jan 2015 ISSN No : 2230-7850 ORIGINAL ARTICLE International Multidisciplinary Research Journal Indian Streams Research Journal Executive Editor Ashok Yakkaldevi Editor-in-Chief H.N.Jagtap Welcome to ISRJ RNI MAHMUL/2011/38595 ISSN No.2230-7850 Indian Streams Research Journal is a multidisciplinary research journal, published monthly in English, Hindi & Marathi Language. All research papers submitted to the journal will be double - blind peer reviewed referred by members of the editorial board.Readers will include investigator in universities, research institutes government and industry with research interest in the general subjects. International Advisory Board Flávio de São Pedro Filho Federal University of Rondonia, Brazil Mohammad Hailat Dept. of Mathematical Sciences, University of South Carolina Aiken Hasan Baktir English Language and Literature Department, Kayseri Kamani Perera Regional Center For Strategic Studies, Sri Lanka Abdullah Sabbagh Engineering Studies, Sydney Ghayoor Abbas Chotana Dept of Chemistry, Lahore University of Management Sciences[PK] Janaki Sinnasamy Librarian, University of Malaya Ecaterina Patrascu Spiru Haret University, Bucharest Romona Mihaila Spiru Haret University, Romania Loredana Bosca Spiru Haret University, Romania Delia Serbescu Spiru Haret University, Bucharest, Romania Fabricio Moraes de Almeida Federal University of Rondonia, Brazil Anurag Misra DBS College, Kanpur Anna Maria Constantinovici AL. I. Cuza University, Romania Ilie Pintea, Spiru Haret University, Romania Xiaohua Yang PhD, USA George - Calin SERITAN Faculty of Philosophy and Socio-Political Sciences Al. I. Cuza University, Iasi ......More Titus PopPhD, Partium Christian University, Oradea,Romania Editorial Board Iresh Swami Pratap Vyamktrao Naikwade ASP College Devrukh,Ratnagiri,MS India Ex - VC. Solapur University, Solapur R. R. Patil Head Geology Department Solapur University,Solapur Rama Bhosale Prin. and Jt. Director Higher Education, Panvel Salve R. N. Department of Sociology, Shivaji University,Kolhapur Govind P. Shinde Bharati Vidyapeeth School of Distance Education Center, Navi Mumbai Chakane Sanjay Dnyaneshwar Arts, Science & Commerce College, Indapur, Pune Awadhesh Kumar Shirotriya Secretary,Play India Play,Meerut(U.P.) N.S. Dhaygude Ex. Prin. Dayanand College, Solapur Narendra Kadu Jt. Director Higher Education, Pune K. M. Bhandarkar Praful Patel College of Education, Gondia Sonal Singh Vikram University, Ujjain Rajendra Shendge Director, B.C.U.D. Solapur University, Solapur R. R. Yalikar Director Managment Institute, Solapur Umesh Rajderkar Head Humanities & Social Science YCMOU,Nashik S. R. Pandya Head Education Dept. Mumbai University, Mumbai Alka Darshan Shrivastava G. P. Patankar S. D. M. Degree College, Honavar, Karnataka Shaskiya Snatkottar Mahavidyalaya, Dhar Maj. S. Bakhtiar Choudhary Director,Hyderabad AP India. Rahul Shriram Sudke Devi Ahilya Vishwavidyalaya, Indore S.Parvathi Devi Ph.D.-University of Allahabad S.KANNAN Annamalai University,TN Sonal Singh, Vikram University, Ujjain Satish Kumar Kalhotra Maulana Azad National Urdu University Address:-Ashok Yakkaldevi 258/34, Raviwar Peth, Solapur - 413 005 Maharashtra, India Cell : 9595 359 435, Ph No: 02172372010 Email: [email protected] Website: www.isrj.org Indian Streams Research Journal ISSN 2230-7850 Impact Factor : 3.1560(UIF) Volume-4 | Issue-12 | Jan-2015 Available online at www.isrj.org HISTORICAL BACKGROUND OF THE LOCAL SELF-GOVERNANCE: (With reference to Kandhamal District of Odisha) Anangadev Singh PhD Research Scholar, Utkal University. Abstract:- Local Self-Governance / Panchayat Raj Institutions is not a new phenomenon in India. Its illustration in history goes back to more than 1000 years. Panchyati Raj Institutions have always been considered as a means to good governance and 73rd Constitutional Amendment was effected in the hope that it would lead to better governance and provide political space to the disadvantaged section of the society like schedule caste, schedule tribes and women. Panchayati Raj implies the creation of local government institutions at the village, block and district levels. These bodies play a vital role in rural administration in the present age when more and more governments are carrying the banner of welfare state. In fact the powers entrusted to these bodies really make a State democratic or undemocratic. The units of local self government in rural areas are village Panchayat, Panchayt Samitis and Zila Parishads. The village Panchayats have been linked to the Panchyat Samitis at the block level and to the Zilla Parishad at the district level. A new system of local–self Government has been introduced which seeks to tackle the problems at the grassroots level, building up democracy and mobilize the entire potential manpower resources of the country for the purposes of economic and social progress. Panchayati Raj makes democracy a reality—PR aims at making democracy real by bringing the millions into the functioning of democracy. It is really grassroots democracy wherein the individual family in the remotest village is linked up with the democratic process. The introduction of local self-governance is the most appropriate step for building up democratic traditions in the country. India is committed to the democratic form of Government democracy not only a form of government but a way of life. Democracy cannot be built up either from Delhi or from a State Capital. It can be built up only when all people are directly or indirectly involved in it. It stands for local government, local leadership, local competency, local initiative and participation of local people in all the activities. In this chapter we will be discussing about the historical background of local self-governance / panchayat Raj institutions, the structure and functions of Panchayati Raj System at the national, state, district, block and village level. Keywords: History of Local-Self Governance, Panchayat Raj structure and functions . INTRODUCTION In a democracy, decentralisation of economic, political, administrative and financial power is essential because few centres of power cannot realise or fulfill the needs of the vast multitude of people. It means that people share the responsibility to accelerate the process of development. The primary objective of local government / Panchayati Raj is to strengthen the base of democracy at the grass root level on the one hand and to hand over the powers as well as responsibilities to the people on the other, so as to allow them to manage their affairs in the best manner possible. The basic philosophy behind Panchayati Raj institutions was to ensure people's participation in development programmes which was expected to unleash the arrested process of change and development . Ancient India was divided into large number of villages. In these villages, the local administration was carried out by the Anangadev Singh .,“HISTORICAL BACKGROUND OF THE LOCAL SELF-GOVERNANCE:(With reference to Kandhamal District of Odisha) ” Indian Streams Research Journal | Volume 4 | Issue 12 | Jan 2015 | Online & Print 1 .Historical Background Of The Local Self-governance: (With reference to Kandhamal District of Odisha) local village councils or ‘Kulams’. The village headman was considered as the link between the village assembly and the government . Under the Pratihar rule, the village headman known as the 'Grampati' administered the village with the assistance of the village council composed of village elders. There were also committees to look after other village affairs like Public Works Committee, committee to look after excavation of tanks and wells, etc. Under the Chalukyas also the lowest unit of administration was the village where the Gram Sabha or the Village Panchayat was supreme . Thus the state in India had evolved through many forms from the small ‘kingdom’ of Rigveda to vast empires of Mouryas and Guptas. These small ‘kingdoms’ developed according to the inner lanes of their own and were far more stable in character than the ever-changing empires. The ‘state’ exercised little authority over them except ensuring that the village bodies functioned properly within their own jurisdiction . The 73rd amendment to the Constitution removed this weakness at long last. We will learn some more about that a little later. During these four decades, however, efforts were being made to bring in democratic decentralization of power in the country by strengthening the Panchayati Raj system. We will now have a look at the basic structure of the local self-governance / Panchayati Raj system in line with the 73rd amendment to the Constitution. Some of the provisions of the new Act are mandatory in nature, which are to be followed by all the states. 1. The Historical background of Local Self Governance: Local self-government, to borrow a phrase from Sydney Webb, is “as old as the hills”. This can be moretrue of India than any other country of the world. There is sufficient evidence to establish the fact that the institution of local self-government is almost pre-historic, and the conception of local self-government is indigenous to the Indian soil. Municipal governments have flourished in India since times immemorial. While empires rose and fell, village panchayats which formed an integral part of the national life, helped to preserve democratic traditions in social, cultural, economic and political life, survived the onslaughts of centuries of political upheavals and saved Indian society from disintegration. The existence of local bodies in ancient India is a positive proof of the inherent genius of our people to manage local affairs efficiently and on a decentralised basis. The decentralisation of power in the kingdoms of the Maurya and the Gupta period was unique. Such devolution of power was unknown to the western world until modern times. The local governments at different levels, performing many functions, though not very democratic, were sufficiently autonomous. Local self governance, in essence is a government formed by a group of free people to manage and regulate their own affairs . It is a multi-dimensional organized social entity with a feeling of oneness. In political terms, it is concerned with the governance of a specific local area, constituting a political sub-division of a nation state or other major political unit. In the performance of its function, it acts as the agent of the state for the realization of democratic values and its benefit. The term governance has a wider meaning than that of the term government. Government refers to the machinery and institutional arrangement of exercising the sovereign power for serving the internal and external interest of the political community where as, governance means the process as well as the result of making authoritative decision for the benefit of the society. Governance also refers to the forms of political system and the manner in which power is exercised in utilizing the country’s economic and social resources for development. It deals with the capacity of the government to design, formulate and implement policies, and in general, to discharge government’s functions. Governance is associated with efficient and effective administration in a democratic framework . It is equivalent to purposive and development oriented administration which is committed to improvement of quality of life of the mass people. It implies the high level of organizational effectiveness. It also relates to the capacity of the centre of power of political and administrative system to cope with the emerging challenges of the society. It refers to the adoption of new values of governance with a view to establish greater efficiency, legitimacy and credibility of the system. In simple terms, governance is citizen friendly, citizen caring, responsive administration, pro-people or people centered. The concept and practice of local self governance in India is as old as its history. During the Cholas heydays, they developed a highly efficient local self government . In the same manner, albeit in varying degree, evidences of self governance are to be seen in almost all the kingdoms of Indian sub-continent. In British India, Ripon took the initiative to give its due place in his scheme of governance, though not in democratic spirit. During the national movement for independence and in Independent India, Mahatma Gandhi championed the cause of Local self Governance which now crystallized in the form of Panchayati raj. Panchayati raj was introduced in the country with great fanfare. Rajasthan and Andhra Pradesh were the first states to adopt the Panchayati Raj System in 1959 . It came to be associated with three broad images. In the first place, it was viewed as an end instrument for the realization of the ends of community development, second as an organ of the state government to execute the community development and such other schemes as the latter may entrust to it and thirdly it is viewed as an extension and embodiment of democracy at the village level. However, since the mid sixties, Indian Streams Research Journal | Volume 4 | Issue 12 | Jan 2015 2 .Historical Background Of The Local Self-governance: (With reference to Kandhamal District of Odisha) Panchayati raj was in low profile. The new national and state level political leaders which emerged around 1966 had much thinner links with the ideals of Mahatma Gandhi and thus much weaker ideological commitment to Panchayati raj. But then this trend is now reversed by the seventy third constitutional amendments in 1992 which became operative from 24 April 1993, giving the Panchayati raj its due place in the Constitution of India and its plan of governance . The major features are introduction of a uniform three-tier Panchayati raj system at the village, intermediate and district levels throughout the country. However, the Panchayat at the middle level need not be constituted in a state having a population not exceeding 20 lakhs. The legislation provides for reservation for schedule castes and schedule tribes at all levels in proportion to their percentage in the total population of the area. One third of the seats are to be reserved for women. The Act provides for a minimum five year term for Panchayati raj institutions. In the event of supersession, election to constitute the body should be completed before the expiry of six months from the date of dissolution. It provides for conduct of election under the overall supervision of the state election commissioner. 1.1. Local self government under the Muslim Rule With the coming of the Muslim rule in India, local institutions received a set-back, as they did not enjoy the same autonomy and prestige, as under the Hindu kings.“Mughal government was highly centralized autocracy. The crown was the motive power of the entire administrative machinery. Where the government is absolute, the supreme authority concentrated in one man’s hand, the territory larger, the means of communications between the districts slow and difficult, the transfer of local officers frequent, no political life or local initiative is left to the people . The muslim rulers recognised local chiefs and zamindars as the repositories of local authority, to the exclusion of the people. “The villages and towns of the Mughal Empire enjoyed parochial self-government rather than local autonomy. A people who do not possess political freedom and powers of self taxation for national purposes, cannot be said to enjoy local autonomy”. The office of Kotwal was developed as the key-stone of the municipal administration and “his functions in connection with the town in his charge were, at least in theory, the most comprehensive conceivable being in certain respects even wider than those of the municipal bodies of the present day” . While the mughals did not initiate any positive measures of encouragement to local institutions, wherever such institutions existed, they worked in co-operation with the official machinery of the rulers and in certain respects became a part of it. Between the breakdown of the Mughal Empire and the coming of the British, there was complete anarchy and military despotism in most parts of the country. During this period the ties of social framework were loosened, and in many places, local institutions had been perverted or sapped, before the British officials had an opportunity to assess their value . 1.2. Local self-government during the British rule When India was colonised, there occurred a sharp break from the tradition. The state system, after the advent of the British emerged as a highly centralised set up. Local institutions during the British period were more a creation of the government from whom they derived their autonomy rather than a process of spontaneous growth. No attempts were made to build up the system on indigenous foundations, although a good deal of indigenous taxation was retained in local finance. “The chungi of the muslim rulers, the Sikh dharat, the muhtarafa of Maratha towns have a descendant in todays’ octroi. But from the structure and procedure of earlier local institutions, almost nothing has been incorporated into modern local government”. The form adopted during the British rule was an admixture of the British and continental patterns. The history of local self-government in India under the British rule can be conveniently divided into four phases. “Local finance being a counterpart of local administration and its mainstay, has of course, been an expression of the purpose implicit in different phases of local government” . The first phase may be assumed to have ended in 1882, when Lord Ripon issued his well-known resolution on local self-government. The second phase covers developments from 1882 to 1919, when more powers were transferred from the centre to the provinces, and the recommendations of the Decentralisation Commission of 1907, besides discussing other matters, suggested some changes in local self-government. The third phase extended upto 1935, during which the Indian Taxation Enquiry Committee (1925) considered the problems of local taxation, along with central and provincial finances. The Simon Commission of 1930, reversed the process of decentralisation, by recommending strict control of the state over local bodies. The fourth phase covers developments upto 1947. During this phase, the struggle for independence was intensified and with the introduction of provincial autonomy in 1937, and coming into power of congress ministries in many provinces, local bodies, particularly village panchayats, received a great stimulus and there was democratisation of local bodies. But “local self-government became a mere annex to the national political stadium, where the struggle for independence was moving towards its climax” . Indian Streams Research Journal | Volume 4 | Issue 12 | Jan 2015 3 .Historical Background Of The Local Self-governance: (With reference to Kandhamal District of Odisha) 1.3 Local Self-governance / PRIs - developments in the post-independence period As already observed, village panchayats have been an integral part of village administration since times immemorial but nothing much is known about the status, structure, functions and finances of panchayats in ancient India. Although the idea of decentralised planning is as old as the Gandhian economic thought, attempts at giving a concrete shape to this thinking may be said to have been made in the post-independence period. During the constitution making process and thereafter since the inception of planning in India, certain hard choices had to be made between the needs of national security, national unity and economic growth, on the one hand, and the consideration of achieving a measure of distributive justice, on the other, so that the benefits of development accrue to the people at the grass-root level, and also people may participate in the process of planning and development at different territorial levels. It was during the III five year plan that a methodology of preparing state plans for rural development on the basis of district and block plans, was evolved and attempts were made to constitute three-tier system of PRIs, based on the recommendations of the Balwant Rai Mehta Committee (1957), and with it the idea of “planning from below” gained some currency. But these ideas did not pick up and were not operationalized, as the PRIs, except in some states, were stagnating or declining, after the initial enthusiasm for their development. Lot of discussion had taken place in the country in respect of the need for creating multi-level planning framework which envisaged devolution of definite powers, functions and finances to different territorial levels, but no concrete steps were taken in this direction. Since the beginning of the VI five year plan, a number of special programmes for poverty alleviation, employment generation and area development were launched in the country. At this stage, block level was considered important to implement rural development programmes through fuller utilization of local resources. In November1977, a Working Group under the Chairmanship of Prof. M.L. Dantwala was appointed by the Government of India, to draw up guidelines for block level planning. At the same time, in December, 1977, a Committee on Panchayati Raj, headed by Ashok Mehta was appointed. The Committee considered inadequacy of resources, mainly responsible for failure of PRIs and, therefore, recommended, inter alia, measures for strengthening the financial resources of PRIs. In the light of recommendations of the Committee, gradually PRIs were set up in almost all the states and were contemplated to be developed as instruments of development. Another committee headed by Prof. C.H. Hanumantha Rao (1984) went into the question of evolving methodology for district level planning and recommended that planning process at the district level should be sufficiently decentralised, having a good deal of autonomy, administrative and technical capability and financial adequacy. The above discussion shows that there has been no dearth of ideas and expert opinion but what is lacking is consistency in thinking and political will to implement the concept of decentralised planning and development in a multi-level framework, and create PRIs in that framework which are democratic, autonomous, financially strong, capable of formulating and implementing plans for their respective areas and provide decentralised administration to the people. Elections were not held regularly in a large number of states. Even after three decades since the Balwant Rai Mehta Committee had recommended 3-tier Panchayati raj system as a form of rural self-government and as a mechanism for democratic decentralisation, in most of the states, the position regarding PRIs remained unsatisfactory, and no tangible action was taken to strengthen the local self-government system. Financially these bodies were weak and dependent largely on state governments which did not follow any consistent policies, with the result that most of the PRIs remained defunct or superseded. 1.4 Decentralisation in the Indian Context: Democratic decentralization has remained a basic tenet of national policy ever since India attained independence. Various committees appointed by the Central and State governments have iterated their faith in Panchayat Raj Institution as the most suitable agency for participatory planning to bring administration and development programmes nearer to the people. Such states as UP and Rajasthan had passed Panchayat Raj Acts setting up village Panchayts soon after independence. But the basic thrust to Panchayati Raj was given by the Balwant Rai Mehta Committee Report (1957). Actually this committee was appointed in January 1957 to study and report on the community development projects and National extension service with a view to ensure “economy and efficiency”. The committee offered two broad directional thrusts. It argued that here should be administrative decentralization for the effective implementation of the development programme and that the decentralized administrative system should be under the control of elected bodies. Community development can be real only when the community understands its problems, realizes its responsibilities, exercise the necessary powers through its chosen representatives and maintains a constant and intelligent vigilance on local administration. The young plant of Panchayati Raj failed to develop strong roots in most of the states (Singh: 1966). Some of the broad factors contributing to near stagnation if not the failure of the Panchayat Raj Institutions were: lack of proper understanding Indian Streams Research Journal | Volume 4 | Issue 12 | Jan 2015 4 .Historical Background Of The Local Self-governance: (With reference to Kandhamal District of Odisha) of the scope and methodology of integrated, multilevel decentralized planning at the district, block and village levels and tasks needed to be performed, restrictions imposed by the government on the panchayats in the performance of their functions, existence of parallel bodies to perform the same functions, existence of parallel bodies to perform the same functions, lack of technical knowledge and dearth of suitable personnel, inadequate financial resources, politicization of the system, unwillingness to grant authority and power institutions at district, block and village levels, by the politicians and bureaucracy (Randhawa: 1996). Participation of women and members of SC/ST communities in Gram Sabhas (village councils) and Panchayat meetings is favoured to ensure representation of interests of the poor. The 73rd and 74th Amendments envisage the village panchayat/ ward council as a forum and action point where local solutions to local problems will remedy lacunae in bureaucratic, top-down schemes. Although national goals and aspirations are supportive of decentralisation, during its implementation we need to address concerns for inclusiveness, accountability and effectiveness. For realising the progressive intent of national policy, elected local government institutions must be helped to become vehicles for social transformation, articulating the felt needs of the community, especially those of women and marginalised groups. Critically speaking in principle, the ideals of Panchayati Raj was based on the spirit of self-reliance, self-help and self-limitation. But in practice different is picture emerged. It did not contribute to the formation of effective leadership among cross-section of villagers. The leadership remained in the hands of upper segments of society. It worked out of the system; rather they were exploited by the PR leaders. 1.5 The Constitution (73rd Amendment) Act, 1992 The passage of the Constitution (73rd Amendment) Act, 1992 marks a new era in the federal democratic set up of the country and provides constitutional status to the Panchayati Raj Institutions (PRIs). Consequent upon the enactment of the Act, almost all the States/UTs, except J&K, NCT Delhi and Uttaranchal have enacted their legislation. Moreover all the States/UTs except Arunachal Pradesh, NCT Delhi and Pondicherry, all other States/UTs have held elections. As a result, 2, 32,278 Panchayats at village level; 6,022 Panchayats at intermediate level and 535 Panchayats at district level have been constituted in the country. These Panchayats are being manned by about 29.2 lakh elected representatives of Panchayats at all levels. This is the broadest representative base that exists in any country of the world - developed or underdeveloped. The main features of the Act are as follows: i.a 3-tier system of Panchayati Raj for all States having population of over 20 lakh; ii.Panchayat elections regularly every 5 years; iii.reservation of seats for Scheduled Castes, Scheduled Tribes and women (not less than one-third of seats); iv.appointment of State Finance Commission to make recommendations as regards the financial powers of the Panchayats and v.Constitution of District Planning Committees to prepare development plans for the district as a whole. As per the Constitution (73rd Amendment) Act, the Panchayati Raj Institutions have been endowed with such powers and authority as may be necessary to function as institutions of self-government and contains provisions of devolution of powers and responsibilities upon Panchayats at the appropriate level with reference to (a) the preparation of plans for economic development and social justice; and (b) the implementation of such schemes for economic development and social justice as may be entrusted to them. 1. 5.1 Salient Features of the 73rd Constitutional Amendment Continuity: By providing for duration of 5 years for an elected panchayat and re-election of panchayats before expiry or within six months of their dissolution as well as non-interference by Courts in electoral matters, continuity of panchayats has been ensured by the 73rd Amendment. Gram Sabhas: All States have provided that a Sarpanch/Mukhia/Adhyaksha/Pradhan of the gram panchayat will convene a Gram Sabha, consisting of persons registered in the electoral rolls relating to a village comprised within the area of panchayat at the village level at least twice a year. The following matters shall be placed before it by the gram panchayat : ? ? ? ? Annual Statement of accounts and audit report Report on the administration of the previous year Proposals for fresh taxation or for enhancement of existing taxes Selection of schemes, beneficiaries and locations Indian Streams Research Journal | Volume 4 | Issue 12 | Jan 2015 5 .Historical Background Of The Local Self-governance: (With reference to Kandhamal District of Odisha) Three-tier System: A uniform structure of three tiers – at village, intermediate and district levels has been prescribed but the constitution and composition of panchayats has been left to preferences of States subject to all seats being filled by elected persons from the respective territorial constituencies of the panchayats. Reservation of Seats: Seats have been reserved for SC/ST in every panchayat on the basis of proportional representation and such seats may be allotted by rotation to different constituencies in a panchayat. Not less than one-third of the seats so reserved are further reserved for women belonging to SC/ST. Besides this, not less than one-third of the total number of seats in a panchayat are reserved for women and such seats may be allotted by rotation to different constituencies in a panchayat. Similar reservations for backward classes have been left to the discretion of States. Powers and Authority: It is noteworthy that the 73rd Amendment provides for States to endow the panchayats with powers and authority ‘to enable them to function as institutions of self government’. However, the functions of panchayats Stated in the same Art 243G are in the nature of entrusted development functions: “(a) preparation of plans for economic development and social justice and (b) the implementation of schemes for economic development and social justice as may be entrusted to them including those in relation to matters listed in the Eleventh Schedule.’’ Functions that by tradition are uniquely assigned to panchayats consist of the provision and maintenance of what may be termed as ‘neighborhood’ public goods — of street lighting, sanitation, village commons, and water supply – as opposed to ‘national’ public goods like justice and national defense. The national level is also uniquely assigned the functions of income redistribution and macro-economic stabilisation, which involve cross-regional issues. There are intermediate functions like education, which cannot be classified in either local or national slots. Election Commission: Governors of States are empowered by the 73rd Amendment to appoint State Election Commissioners and stipulate by rules the tenure and conditions of their service. Finance Commission: Governors of States are also empowered to constitute State Finance Commissions to review the financial position of the panchayats and to make recommendations to the Governor as to v The principles which should govern v the distribution between the State and the panchayats of the net proceeds of the taxes, duties, tolls and fees leviable by the State , which may be divided between them under this part and the allocation between the panchayats at all levels of their respective shares of such proceeds v the determination of the taxes, duties, tolls and fees which may be assigned to, or appropriated by, the panchayats v the grants in aid to the panchayats from the Consolidated Fund of the State v the measures needed to improve the financial position of the panchayats v any other matter referred by the Governor in the interests of sound finance of the panchayats. Audit of Accounts: Audit of panchayats are to be provided for by the State Legislatures. We may note that only the Karnataka Panchayati Raj Act, 1993 has provided for entrusting audit of Taluk Panchayat Funds and Zila Panchayat Funds to the Comptroller & Auditor General (CAG) while the Controller of State Accounts may authorize any officer to audit Gram Panchayat accounts. 1.7 The provisions of the Panchayats (Extension to the Scheduled Areas) Act, 1996: This Act which came into force on 24th December, 1996, extends Panchayats to the Schedule-V areas of States such as Andhra Pradesh, Chhattisgarh, Jharkhand, Gujarat, Himachal Pradesh, Maharashtra, Madhya Pradesh, Orissa and Rajasthan. It intends to enable tribal society to assume control over their own destiny to preserve and conserve their traditional rights over natural resources. The State Governments were required to enact their legislation in accordance with the Provisions of Act before the expiry of one year i.e. 23rd December, 1997. All the States barring have enacted State Legislation to give effect to the provisions contained in The Provisions of the Panchayats (Extension to the Scheduled Areas) Act, 1996. While the State Panchayati Raj Acts have been enacted, State Election Commission and State Finance Commissions have been set up and regular Panchayat elections have been held providing reservation for SCs/STs/Women in Panchayats, the results of actual implementation of the Constitution (73rd Amendment) Act, 1992 have fallen far short of expectations on the ground level. l Though the political decentralisation has been largely successful, with elections held regularly and with ample participation of people, there is only minimum administrative and fiscal decentralisation, which remains de facto under the control of the State Governments. Indian Streams Research Journal | Volume 4 | Issue 12 | Jan 2015 6 .Historical Background Of The Local Self-governance: (With reference to Kandhamal District of Odisha) l ? Panchayats have not given adequate responsibilities to levy and collect taxes, fees, duties or tolls. Panchayats should have been granted appropriate powers to generate their own resources. of State Finance Commissions have been either accepted partially or implemented halfheartedly. l Powers given to the State Election Commissions vary from State to State. These Commissions should have been given powers to deal all matter relating to Panchayat elections namely, delimitation of constituencies, rotation of reserved seats in Panchayats, finalization of electoral rolls, etc. l Gram Sabhas have not been empowered and strengthened to ensure people’s participation and transparency in functioning of Panchayats as envisaged. l Recommendations 2. PANCHAYATI RAJ / LOCAL SELF-GOVERNANCE IN ODISHA Odisha became a Separate Province in 1936. The only significant step in the decentralization process came after Independence in 1948 when the Orissa Gram Panchayats Act was passed. Subsequently in the year 1961, 3 tier systems of Panchayati Raj Institutions was introduced in Orissa. Over the last 50 years Panchayati Raj Institutions have emerged as the powerful institutions in bringing about rapid and sustainable development and socio-economic transformation in rural Orissa. It has an integrated prospective towards improving the quality of lives of rural people and ensuring equity and effective peoples’ participation. 73rd amendment of the Constitution has conferred constitutional status to Panchayati Raj Institutions. During the Chief Ministership of Sri Naba Krushna Choudhury a new innovative attempt was made through the Constitution of Anchal Sasan and creation of Anchal Fund under the Orissa Estates Abolition Act of 1951. The Anchal Sasan Act (1955) intended to accord full powers to Anchal, a local authority which was at a higher level than the Gram Panchayat so that representatives of villagers could have played visible role in the working of system related to Public Health, Education, Agriculture, Cottage Industries etc. The Year 1956 experienced some major changes in Secretariat administration. A major department called Political and Services Department was created to handle affairs of New Capital, Community Development and Gram Panchayats among others. In the year 1962 Political and Services Department was re-designated as Planning & Co-ordination Department vide notification No. 8832-RB-7/62/Gen. Dt.12.7.1962. Community Development and Panchayati Raj Department, (CD) thus, became an independent department on July 11th 1962. At the beginning, the department had 2 branches i.e. (i) Community Development and Panchayati Raj and (ii) Gram Panchayats. The Social Welfare Branch was included in the department w.e.f. 8th December, 1975 and the department was renamed as Community Development and Social Welfare Department. 2.1 Local Self-Governance / Panchayati Raj Institutions: Year Grama Panchayat Panchayat Samiti Zilla Parishad 1961 2350 214 13 1963 2350 307 13 1966-67 3826 307 13 1983-84 4391 314 13 1991-92 5263 314 13 1996-97 5261 314 30 2002 6234 314 30 2007 6234 314 30 2012 6234 314 30 Before coming into force of the Constitution of India during 1950, initiatives were made in Orissa for introduction of Panchayats. The details are mentioned below-The Orissa Grama Panchayat Act, 1948 is the first legislation prescribing constitution, power and functioning of Grama Panchayats in the State of Orissa. Provisions of the Act were to be extended to different areas of the State from time to time and could be withdrawn where necessary, as circumstances may warrant. It was assumed that successful functioning of Panchayats at selected cases would serve as examples to the surrounding villages, which might prompted to demand establishment of Grama Panchayats. This experiment however did not succeed because in many villages people were misled by the propaganda that in the Panchayat areas people had to pay some additional taxes, fees etc. to the Panchayats without Indian Streams Research Journal | Volume 4 | Issue 12 | Jan 2015 7 .Historical Background Of The Local Self-governance: (With reference to Kandhamal District of Odisha) getting appreciable amenities in lieu thereof. Government, therefore, adopted a scheme of establishing Panchayat covering an entire district or a sub-division w.e.f year 1952-53. The provision of permitting withdrawal of Panchayat from certain areas was deleted by the Orissa Grama Panchayats (2nd amendment) Act, 1957. Initially a Panchayat was being formed in a single village having minimum of population of 1500 or a group of villages having a minimum of population 1000. It was soon noticed that such a small unit is not economically viable. Therefore, some of the Panchayats established in the year 1950-51 were merged in the neighbouring Panchayats in order to make them financially viable units. During the period 1958 to 1961, Blocks were established in the State in selected areas. In the year 1961 the 3 tier system of PRIs were established in the State covering all villages. The Orissa Zilla Parishad Act was enacted in the year 1959 but Zilla Parishads were not consti-tuted immediately. Subsequently Zilla Parishad Act was amended as the Orissa Panchayat Samiti and Zilla Parishad Act, 1959 in the year 1961 (Orissa Act 24 of 1961). In the year 1961, three tiers of Panchayati Raj Institutions were introduced in Orissa with following nos. of PRIs. By end of 1963, the no. of Blocks increased to 307 and by end of 2002 the no. of Grama Panchayats increased to 6234. No. of PRIs (after 73RD Amendment): Consistent with 73rd amendment of the Constitution, election to Panchayati Raj Institutions was conducted in the year 1997. Subsequently provisions of Panchayats (Extension to Scheduled Areas) Act, 1996(PESA) came into force in the year 1996. The 2nd general election to 3 tiers of PRIs was conducted and completed in the month of March, 2002 consistent with provisions of 73rd amendment of the Constitution and PESA. While some of the States could not complete election till 2001 as per 73rd amendment, in Orissa, two general elections have been completed after 73rd amendment, this show, firm commitment of the State Government to strengthen the PRIs. PRIs Structure in Odisha as on 2007 Panchayat Election Name of the District SubDivision No. of Blocks No. of Z.P. Constituencies No. of P.S. Constituencies No. of GPs No. of Wards No. of Voters Kandhamal 2 12 18 153 153 2083 403365 Odisha 58 314 854 6233 6234 87542 23615749 Profile of PRIs in Odisha as on 2007 Panchayat Election as follows: Indian Streams Research Journal | Volume 4 | Issue 12 | Jan 2015 8 .Historical Background Of The Local Self-governance: (With reference to Kandhamal District of Odisha) Levels Post Zilla Parishad President Member Chairman PS Member Sarpanch Ward Member Panchaya t Samiti Grama Panchaya t SC ST OBC UR No. of Seats Elected Member M F M F M F M F 30 854 314 30 853 314 3 87 15 3 58 21 6 135 82 3 85 57 5 149 37 3 88 23 5 181 62 2 70 17 6233 6232 601 455 1029 699 1037 631 1358 422 6234 6232 487 344 1536 907 772 471 1249 466 87547 85542 7884 6291 12753 9413 13666 9094 19943 5693 2.2 Functioning of Grama Panchayats: Panchayat Samitis and Zilla Parishads during sixties: - Among the three tiers of Panchayats, the intermediate tier namely Panchayat Samiti was made the implementing agency. All the funds for Community Development was given as grant-in-aid to the Samiti. Grama Panchayat was treated as the unit for formulation of developmental programme. Zilla Parishad functioned as Supervisory Body. In order to avoid overlapping and duplication of staff in the field, Zilla Parishad was to prepare a Master Plan for the developmental programme of the district. However, Zilla Parishads were abolished in the year 1968. The Panchayat Samitis emerged as the important institution for implementing developmental programmes, poverty alleviation programmes and social security schemes. However, Panchayat Samiti and Grama Panchayats could not emerge as the Institutions of Self-Government. Initiatives in the 80ís- With the experience of last 40 years in the country there was a growing realisation that administration has become unresponsive. The gap between the people and the bureaucracy could not be closed. It was felt that in order to improve the quality of lives of people in rural areas; Panchayats are to be given power, making them responsible to the people. In the year 1992, 73rd amendment of the Constitution were brought to establish institutions of self-government from village upwards providing fixed tenure, definite minimum reservation for discriminated groups etc. 2.3 Features of 73rd and 74th Amendment functions in Orissa: Orissa has been the first state to implement 33 percent reservation of seats for women in Panchayts, having 2, 500 representatives in the Panchayats. A unique provision of Orissa Gram Panchayat Act states that if the Gram Panchayat Sarpanch elected or nominated is not a woman, the office of Naib-Sarpanch will go to a woman. In Orissa, the Panchayats are having effective role in socio-economic development. The role of the Panchayats is being publicized through films, photographs, wall writings, group discussions etc. In October, 1997 a meeting of Presidents and Vice –President of over 20 Zila Parishads was convened in Bhubaneshwar in which they expressed their concern over the state Government’s failure to transfer to them powers stipulated in the 73rd Amendment Act (Panchayati Raj Update, November, 1997). In early 1998, the State Government had directed all the district collectors to ensure autonomous functioning of Panchayat institutions. It was observed that the Sarpanchas do not inform the people about the meetings of ‘palli sabhas’ and ‘gram sabhas’. Pre-73rd amendment:- In the year 1992, the 73rd Amendment of Constitution was made by the Parliament to establish institutions of self-government from village upwards providing fixed tenure, definite minimum reservation for discriminated groups. Before amendment of the Constitution, initiatives were made in Orissa to achieve some of the objectives of the 73rd amendment. 1)Seats were reserved for S.C and ST in respect of seats. 2)Not less than 1/3rd of the total seats were reserved for women. This was applicable in respect of seats reserved for SC, ST and others. Post-73rd amendment initiatives: - After 73rd amendment the panchayat laws were amended according to the provisions of 73rd Constitutional amendment as given below: 1)Reservation was provided in favour of SC, ST, OBC and women in respect of all seats and offices. 2)Election Commission and Finance Commission were constituted. 3)Tenure of Panchayats was fixed for 5 years. 4)Power and function of Grama Sabha and Palli Sabha were redefined. Indian Streams Research Journal | Volume 4 | Issue 12 | Jan 2015 9 .Historical Background Of The Local Self-governance: (With reference to Kandhamal District of Odisha) However, even before the 73rd Amendment of the Constitution, Orissa had taken the lead in providing reservation in favour of SCs, STs, and Women in 3-tier PRIs. A distinguishing feature of the Panchayati Raj system in Orissa is that either the Chairperson or the Vice-Chairperson of all the three tiers of Panchayati Raj Institutions is a woman. The 73rd Amendment of the Constitution and Provisions of Panchayats Extension to Scheduled Areas Act, 1996 (PESA) came into force in the year 1993 and 1996 respectively. Orissa Panchayat laws were amended in consistence with provisions of the 73rd Amendment and Provisions of Panchayats Extension to Scheduled Areas Act. Orissa is the first State to conduct PRI elections in 2002 according to PESA Act thereby ensuring social justice to Scheduled Tribe communities. All the offices of elected heads of 3-tier PRIs in Scheduled Areas have been reserved for STs. Gram Sabhas and Palli Sabhas have been given more statutory power after PESA Act came into force. 2.3.2 Orissa reserves 50% seats for women in Panchayati Raj institutions: In a bold move with far reaching impact in electoral politics at the grassroot, the Orissa government has made 50% reservation for women in Panchayat Raj institutions to achieve gender equality in the representation in panchayat raj bodies. The state legislature unanimously gave its nod to the Orissa Panchayat Laws (Amendment) Bill, 2011 by amending the Orissa Gram Panchayat Act, 1964, Orissa Panchayat Samitee Act and the Orissa Zilla Parishad Act enhancing the quota for women from the existing 33% to 50%. In fact, during the chief ministership of late Biju Patnaik, father of the present chief minister, Naveen Patnaik, the then Janata Dal government had for the first time reserved 33% representation for women in local bodies. The state cabinet, headed by CM Naveen Patnaik, on February 11 last, had approved increase in women quota in the three-tier panchayat bodies. More than a lakh people are elected to various panchayat bodies in the state every five years. By amending the Panchayat Laws, the Bill also provided reservation of the seats and offices of chairpersons for two terms instead of a single term as it was felt that the operation of single term did not attract more candidates to participate in the election. The state government, however, was forced to withdraw the proposed amendment in the Orissa Gram Panchayat Act, 1964 to impose property tax in the wake of a stiff resistance from the members of the House. In another decision, the government also extended tenure of rotation of posts categories in the panchayat system. "A seat reserved for women, ST, SC or OBC will be changed after two terms instead of one term". The government also gave the power to gram panchayats to levy tax on properties in their respective jurisdictions. However, the gram panchayat tax could not be imposed on BPL families. 2.4 Special Features of Panchayati Raj System in Orissa: Empowerment of women: - Before 73rd amendment of the constitution Panchayat laws of Orissa provided 1/3rd reservation to women. The State law provides that either Chairperson or Vice-Chairperson of the PRIs must be woman. Empowerment of tribals:- During election of 2002, the offices of Chairpersons of all the 3 tiers of Panchayats in Scheduled areas have been reserved for Scheduled Tribes. 2.5 Structure of Panchayati Raj System in Orissa: Balawant Rai Mehta Committee in its Report suggested a three tier system of Panchyati Raj—Gram Panchayat in village level, Panchayt Samiti at Block level and Zilla Prishad at district level. Before 73rd Amendment to the Constitution also, the panchayats were assigned some traditional functions such as maintenance rather than developmental responsibilities. The 73rd Amendment has made PRIs responsible for maintenance as well as developmental activities. The Article 243G of the 73rd Amendment enlists the power, authority and responsibilities of panchayats as under. Though, the amendment had provided with a list of functions under the provisions of 11th Schedule, it has not mentioned clearly about the level of PRIs which would perform the particular type of functions. In conformity to the 73rd Amendment Act, all the states have amended their respective Panchayat Acts and enlisted the functions assigned to the different levels of PRIs in the respective states. Here, in this juncture, it is essential to discuss the functions at different levels of PRIs across the states. 2.5.1 Gram Panchayat: The Panchayat is the executive committee of Gram Sabha. It is known by a variety of names. The Indian Streams Research Journal | Volume 4 | Issue 12 | Jan 2015 10 .Historical Background Of The Local Self-governance: (With reference to Kandhamal District of Odisha) membership of the Panchayat varies from five to thirty one. Members of the Panchayat are called Ward members and are elected by the Gram Sabha by secret ballot. The Sarapanch is directly elected by the people in Orissa. The Sarapanch can be removed from the office by a majority of two-thirds of votes of the members of the panchayts present and voting. Several states provide for reservations of a specified number of seats for women as well as members of Scheduled Castes and Scheduled Tribes. The tenure of the Panchayat in various states varies from three to five years. The Panchayat is looked up in as an instrument for execution of the Community Development Programme. Functions of Panchayat are obligatory and discretionary. The Panchayat may also be entrusted with any other functions given by the state government. To perform these functions the panchayat has been given certain sources of revenue. It has been seen that the Panchayats do not function as an effective institution. Agenda of meetings was not issued, meetings held without proper quorum, sometimes with proper delay. There exists the complexity of rules and procedures, lack of timely action against defaulters, proximity of the Panchayat Samitis. So, to reduce all these loopholes some remedial suggestions by the Balwant Rai Committee are as follows: Finances of the Panchayts should be augmented; Powers and functions should be more clearly enunciated; Efficient and regular secretarial assistance should be there; roles and procedures should be simple; cooperation from revenue and police agencies must be ensured; Cooperation of government departments is needed; gram sabha should be active; Education among the people need to be stepped up. There is a state control over Panchayat. It includes the power to delimit and alter its jurisdiction, appointment of staff, records management, financial administration, election. The state government may call for necessary reports and records. It may suspend or remove a panch or a sarpanch under certain conditions. Grama Sabha:1)Composition: - All the electors residing within Grama Panchayat are the members of the Grams Sabha. 2)Frequency of the meetings - Statutorily Grama Sabha meets twice in a year during February and June. As per executive instructions four more meet-ings are held on 1st May, 15th August, 2nd October and 26th January. 3)Quorum - 1/10th of members of Grams Sasan. If there is no quorum the next meeting will be held without quorum. 4)1/3rd members present should be women. 5)Grams Sabha will be held by rotation in each of the village of the Grama. 6)Sarapanch or Collector can convene special meeting of the Grama Sabha. 7)15 clear days notice is given for Grama Sabha. 8)Sarapanch presides over the Grama Sabha. Palli Sabha:- In order to further decentralise the participatory process, Orissa Act provides meeting of Palli Sabha. 1)Voters of a revenue village constitute Palli Sabha. 2)Ward members preside over Palli Sabha. 3)1/10th members present are women. 4)Grama Panchayat shall convene meeting of Palli Sabha. 5)Two weeks time is given for holding Palli Sabha. 6)Grama Sabha shall fix the place of Palli Sabha if there are many wards in a revenue village. Palli Sabha takes all important decisions like selection of beneficiaries and preparation of schemes, and selection of Village Labour Leader. Power of Grama Sabha:- Statutory power was given to Grama Sabha in the following matters. v Preparation of annual budget v Approve the plans, programmes and projects for social and economic development before such plans, programmes and projects are taken up for implementation by the Grama Panchayat. v Identify or select the beneficiaries under the Poverty Alleviation Programmes. v Consider and approve the annual budget of the G.P including the supplementary or revised budget. v Consider levy of all taxes, rates, rent and fees and enhancement of rate thereof. v Organise community services and draw up and implementation of agricultural production plans. v Consider all such matters as may be referred to it by the G.P for its decision. v Call for such information and from and out of the GPs as it may consider necessary. v Consider such other matter as may be prescribed. Every G.P shall be required to obtain from the Grama Sasan a certificate of utilisation of funds by that Panchayat for the plans, programmes and projects. Indian Streams Research Journal | Volume 4 | Issue 12 | Jan 2015 11 .Historical Background Of The Local Self-governance: (With reference to Kandhamal District of Odisha) Powers of Grama Sabha in Scheduled Areas:-The following matters are implemented by GPs under the control and supervision of Grama Sabha. v Enforcement of prohibition of regulation or restriction of the sale and consumption of any intoxicant. v The ownership- of Minor Forest Produce. v Prevention of alienation of land and restoration of any un-lawful land of a Scheduled Tribe. v Control over the money lending to the Scheduled Tribe. v Control over all local markets. v Grama Sabha has power to safeguard the cultural identity, community resources and dispute resolution. 2.5.2 Panchayat Samities (Block Level) functions Each Panchayat Samiti is coterminous with the Community Development Blocks created by the government in the Community Development Deptt. (now Panchyati Raj Deptt.). Each Panchayat Samiti consists of official and non-official members. The official members are the Block Dev. Officer and the Officers of various State Govt. deptt. ordinarily stationed at the Block level. The non official members include the Panchayat Samiti members and the Sarapanchas of the Gram Panchayats. Chairman is the head of the body and is elected directly by the Panchayat Samiti members. The main functions of the Panchayat Samitis are planning, execution and supervision of all developmental programmes in the Block. It also supervises the works of Gram Panchayats within its Jurisdiction. Among the maintenance functions, the market and fair maintenance, health, family welfare, sanitation and medical and cultural activities and sports were common responsibilities of PS in many states. 2.5.3 Zilla Parishad - district level functions The Panchayati Raj as democratic decentralisation of power came into force in the district during 1961 with the constitution of Zilla Parishad. This body was an advisory body at the district level to advise the government in all developmental matters relating to the district. Under three-tier system of democratic decentralisation, Zilla Parishad is the apex body at the district level followed by Panchayat Samitis at Block level and G.Ps as second-tier & thirdtier. At this level, the major responsibility of general administrative function is of overall supervision, coordination; consolidation, integration and implementation of development schemes at block and district levels. Preparation of plans for economic development and social justice of the entire district and securing the execution of plans, projects, schemes or other PS works were commonly found in almost all the states. Amongst the developmental variety the agriculture including extension and horticulture, animal husbandry, dairying and poultry, social forestry, fuel and fodder education were quite common among all the states. Health, and hygiene and family welfare, medical and sanitation were only responsibility of maintenance variety performed commonly performed by two or three levels of PRIs in most of the states. In case of maintenance variety of functions the situation ids slightly better as compared to the development and social. Most of these functions are performed by the GP only. In sum, with respect to development and social variety of functions the demarcation of the areas of responsibilities in the state Acts are not defined clearly. 2.6 Social Audit:-Detailed instructions have been issued for social audit of all projects by the Palli Sabha. If Palli Sabha passes a resolution to the effect that there is wanton corruption in execution of projects, Sub-Collector will con-duct an enquiry. If Sub-Collector finds that there are gross irregularities, the executive agency will be asked to rectify the irregularities failing which the expenditure incurred will be recovered from the implementing agency. 2.7 Devolution of Power of PRIs The 73rd amendment of the Constitution mandates Government to endow the Panchayati Raj Institutions with such powers and authority as may be necessary to enable them to function as institutions of self-Government. Article 243-G of the Constitution of India, which deals with the crucial issue of powers, authority and responsibilities of the Panchayats (3 tier of Panchayats) reads as: “Subject to the provisions of the Constitution, the Legislature of a State may, by law, endow the Panchayats with such powers and authority as may be necessary to enable them to function as institutions of self-government and such law may contain provisions for the devolution of powers and responsibilities upon the Panchayats at the appropriate level, subject to such conditions as may be specified therein, with respect to (a) the preparation of plans for economic development and social justice; and (b) the implementation of such schemes for economic development and social justice as may be entrusted to them Indian Streams Research Journal | Volume 4 | Issue 12 | Jan 2015 12 .Historical Background Of The Local Self-governance: (With reference to Kandhamal District of Odisha) including those in relation to the matters listed in the 11 Schedule.” Panchayat laws of Orissa have been amended consistent with provisions of 73rd amendment of the Constitution. Section 3(3) of the Orissa Zilla Parishad Act, 1991 has since been amended. Steps are being taken to incorporate similar provisions by amending the Orissa Panchayat Samiti Act, 1959 and the Orissa Grama Panchayat Act, 1964 to enable the PRIs to function as institutions of self-government. It is necessary to make Panchayati Raj Institutions clear about the role that they are expected to play for economic development and social justice. After careful consideration, Government has been pleased to assign definite functions and provide functionaries to PRIs for implementation/execution of functions. 3. Kandhamal Local Self Governance / Panchayat Raj Institution: Kandhamal remained a Tahasil from 1855 to 1891 and it was administered by a Tahasildar under the direct control and supervision of the superintendent of the Tributary mahals of Cuttack. In 1891, it was upgraded to subdivision and tagged with Anugul district. When the new province of Orissa was formed in 1936, and Ganjam was merged with Orissa, from the Madras presidency, Kandhamal became a sub-division of Ganjam. In the wake of the amalgamation of the princely states with Orissa in January 1948, Boudh and Kandhamal constituted the new district of Boudh-Kandhamal, with its headquarters at Phulbani. Balliguda sub-division was added to Boudh-Kandhamal district on 1.1.1949. With the secession of Boudh from Phulbani district as a separate district only Balliguda and Kandhamal sub-divisions remained with Phulbani district, which was later rechristened as Kandhamal in June, 1994. Kandhamal district was formed out of the mother district Boudh-Kandhamal on 1st April 1994. The district is populated mostly by two ethnic group’s i.e. Kandho (S.T) and Pano (S.C). It also has large concentration of minority community belonging to Christian religion. The district has 12 blocks, 153 Gram Panchayats and 2083 Wards. The Process for 3-tier General Election to PRIs in respect of 18 Nos. of Z.P. Constituencies, 12 Nos. of Samiti Constituencies, 153Nos. of Sarapanches and 2083 Nos. of Ward Members is going on under the direct supervision. 3.1 Zilla Parishad Members: The Panchayati Raj as democratic decentralisation of power came into force in the district during 1961 with the constitution of Zilla Parishad. The Kandhamal Zilla Parishad was constituted during the year 1997. The 1st Zilla Parishad was in office from 15-2-1997 to 12-3-2002. The 2nd Zilla Parishad has been constituted on 13-3-2002 in pursuance of PESA Act, 1996. All the Sarapanches and Chair persons of Panchayat Samities have been reserved for Scheduled Tribes since this District is coming under Tribal Sub Plan Area. The Panchayati Raj Department, Govt. of Orissa in their letter no. 6886 dtd. 4-7-2003 have issued orders for department wise devolution of powers to Zilla Parishad. Under three-tier system of democratic decentralisation, Zilla Parishad is the apex body at the district level followed by Panchayat Samitis at Block level and G.Ps as second-tier & third-tier. Indian Streams Research Journal | Volume 4 | Issue 12 | Jan 2015 13 .Historical Background Of The Local Self-governance: (With reference to Kandhamal District of Odisha) 3.2 Panchayat Samiti Chairpersons: At present, there are 12 Panchayat Samities in the district. Each Panchayat Samiti is coterminous with the Community Development Blocks created by the government in the Community Development Deptt. (now Panchyati Raj Deptt.) a.Block Development Officer, Addl. Block Development Officer, Assistant Engineer and all Extension Officers of different Departments will remain accountable to the Panchayat Samiti for works entrusted to them. 3.3 Sarapanches of Gram Panchayat is the primary unit of Panchayati Raj Institutions. The district has 153 Gram Panchayats. Each Gram Panchayat comprising some villages and is divided into wards. The election of Sarapanch, Naib-Sarapanch & members are conducted according to the provisions of the Orissa Gram Panchayat Election Rules, 1965. Sarapanch as the head of the GP is directly elected by the voters of the G.P. But the Naib-Sarapanch is elected from among themselves by the Panchayat members. Sarapanch will send report regarding attendance of village level worker which will be duly considered by the Chairman, Panchayat Samiti and block development officer (B.D.O.). 4. PROBLEMS: Diverse and huge problems in the functions and the working patterns of the Panchayati Raj System which we are facing in the day to day activities can be broadly described as mentioned below: Initially there was domination of the bureaucracy over PRI’s. The agent of implementation of all major programmes has always been the State Administration, various parallel bodies that have grossly undermined the importance of the PRI’s. Secondly, inadequate financial resources to carry out the administration are a serious problem. The grantin-aid is the major component of the PRI revenue. The Government should realise the difficulty and try to solve it permanently. Besides, other major problems are also affecting the structure. These are – (a) Incompatible relations among the three-tiers; (b) Undemocratic composition of various P.R. institutions; (c) Political bias; and (d) Un-cordial relation between officials and public. The process of empowerment in the local government institutions will enable women to re-examine their lives, recognize the source and structure of power and their own subordination and initiate action to challenge the existing ideology as well as structures and institutions. By contesting and getting elected to local government, women have shattered the myth of their own passivity - that women are not willing to enter politics. However, women’s representation in the decision-making positions with monitoring power is still negligible. The very absence of women at these levels thus leads to preservation and reinforcement of male-oriented and male benefiting types of decisions. SUGGESTIONS TO TACKLE THE DEFECTS AND STRENGTHEN THE SYSTEMS: The Government should take to spread education rapidly. The Government should also change its former Indian Streams Research Journal | Volume 4 | Issue 12 | Jan 2015 14 .Historical Background Of The Local Self-governance: (With reference to Kandhamal District of Odisha) attitude towards the local bodies. The local bodies need better personnel as well as a better office organization and methods. The local bodies should have adequate finance at their disposal to take up manifold developmental activities. Local bodies should be away as far as possible, from the arena of nasty party politics. Last but not the least, the success of the Panchayati Raj and other Local Self Governing Institutions, public life should be free from corruption. People and the leaders should possess a high moral standard. They should be honest, truth binding, vigilant and well-informed. The establishment of the Panchayati Raj has led to the quest of new leadership. The new leadership should be “development-oriented” and not “power-motivated”. The success of Panchayati Raj much depends on this pattern of emerging leadership. If it is successful, it will bring a new era of prosperity. We may quote De Jocqueville, “local institutions constitute the strength of free nations. A nation may establish a system of free Government, but without local institutions, it cannot have the spirit of liberty”. In India 73rd and 74th Constitutional Amendment Acts have widened the scope of democratic decentralisation both in rural and urban areas. These Acts have institutionalized people’s participation through gram sabhas and ward committees. A note worthy feature of these amendments is an emergence of a new generation leadership at the local level from women and marginalized sections of the society. The Amendments have contributed to bring substantive democracy at local level. CONCLUSION: Every experiment has its problems and promises. The Panchayati Raj may have weakness today, but it will be a vital force of tomorrow in shaping and developing the richer and prosperous life of people of India. It requires a movement of the masses. It is needless to say that the Panchayati Raj system acts like the grassroot of democracy and a time may come when Jay Prakash Narayan’s dream of “Gram Sabha to Lok Sabha” may materialise through it. In a nutshell, we can say local governance enables a better perception of the needs of local people, gives them a greater voice in better decision-making process concerning their development and welfare, achieve better coordination and integration among programmes, ensures an effective people’s participation which serves to build up a measure of self- reliance by mobilising resources for the felt needs of the people. Above all a spirit of initiative and self-reliance build up among the people. The PRIs could not achieve the objectives due to lack of adequate knowledge and skills. All the shortcomings notwithstanding, grassroots democracy unleashed by the seventy-third and seventyfourth amendments has come to stay and as time passes, its financial and functional domains will get power really comes to belong to the people and the Gandhian dream of building from below, of the bottom up rather than the top down approach can be fulfilled. An essential step has been taken to strengthening the local self-government through a Constitutional 73rd Amendment (1993), which envisages the establishment of Panchayati Raj Institutions as units of local self-government in different states. BIBLIOGRAPHY: 1.Rohit Mullick & Neelam Raaj (9 Sep 2007). "Panchayats turn into kangaroo courts". The Times of India. 2.India 2007, p. 696, Publications Division, Ministry of Information and Broadcasting, Government of India 3.Rout, B.C and Mohapatra, M. K. New Rudiments of Political Science – p-II, Cuttack, Nalanda, 2004.p.95-109. 4.Orissa Review. Feb-March 2010. 5.Palanithurai, G., New Panchayati Raj System: Status and Prospects. New Delhi, Kaniska, 1996.p.21. 6.Pal, M. Panchayat Raj and Development. Yojana, August 2004 p.51. 7.Singh Hoshiar (1997)Local Government: India, Britain, France and America, Allahabad, Kitab Mahal,p1 8.HyeHasnat Abdul (2002) Governance: South Asian perspective, New-Delhi Manohar p.166. 9.Pavgee Narayan Bhavanrao (1918) Self-Government in India Vedic and Post-Vedic,All Rights Reserved National Library Kolkata, pp165-171. 10.http://ncert-notes.blogspot.in/2012/01/unit-11-impact-of-decentralised.html 11.Verma Sawalia Bihari Sharma Sitaram Lahor BhushanLal (2006) Empowerment of the Panchayati Raj Institution in India New-Delhi, Sarup & Sons preface and p.237. 12.Verma Sawalia Bihari Sharma Sitaram Lahor BhushanLal (2006) Empowerment of the Panchayati Raj Institution in India New-Delhi, Sarup & Sons, p.30 Anangadev Singh PhD Research Scholar, Utkal University. 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