Assignment Code: BPAC-112/ASST/TMA/July 2022 & January 2023

Course Code: BPAC-112

Assignment Name: Rural Local Governance

Year: 2022-2023

Verification Status: Verified by Professor

Assignment A

Answer the following in about 500 words each. 2×20

1. Discuss the need and significance of decentralised planning for effective rural local governance.

Ans) It is a methodology and approach that helps the community identify its main issues and prepare the necessary solutions with the active involvement of its members. One of the best methods to fundamentally restructure an overly centralised planning system is through the decentralisation of authorities. It is a known fact that centralization made the average person overly dependent and indifferent to government initiatives intended to promote her/his personal welfare and growth.

Decentralization did, however, result in the empowerment of the Gram Sabha and rural residents, the promotion of citizen engagement in planning, and the development of political leaders' capacities. Through the Gram Sabha, the villagers have been involved in the creation of programmes for rural development as well as their monitoring, supervision, and evaluation. They will now participate in creating the Gram Panchayat Development Plan (GPDP).

It should be highlighted that one of the distinctive aspects of decentralised planning is the participation of all societal groups in the development of Sabka Saath Sabka Vikas, which represents inclusive growth through group efforts. The 73rd and 74th Constitutional Amendment Acts have significantly increased the relevance of decentralising the planning process in India.

The District Planning Committee is in charge of implementing the 74th Amendment's requirement to combine the three-tier Panchayats Plans into the District Development Plan (DPC). As a result, the DPC combines the three-tier Panchayat plans and the plans of the urban local bodies into a comprehensive district plan, allowing the rural and urban plans to be integrated into it while still being able to function as plans of the respective rural and urban institutions of the Local Government.

Decentralized planning guidelines were published by the Planning Commission in 2006, and the Eleventh Five-Year Plan was when they were to be put into practise. The DPCs haven't been fully operationalized everywhere yet in practise. Prior to decentralised top-down planning, various programmes reflecting goals that weren't even pertinent to local requirements were produced without an integrated vision. In its roadmap, the Ministry of Panchayati Raj emphasises that "the constitutionally mandated decentralised and holistic planning through Local bodies and the District Planning Committees (DPCs) is the only mechanism through which the much-needed convergence of related schemes and resources is possible."

The Ministry has been working to increase the PRIs' capabilities by effectively and convergently supporting decentralised participatory planning. However, decentralisation through PRIs in the creation of plans for social justice and economic development as well as their implementation is in the interest of resource efficiency and guaranteeing a more fair distribution of development benefits. The planners have realised that involving the general public in the planning process is crucial to achieving the goals, and that involving the general public in planning can only be accomplished by carrying out planning at the local level.

Building the capacity of the elected officials through training in efficient planning is urgently needed. The Gram Panchayat (GP), a rural local government, is in charge of providing basic services to local residents in rural areas and addressing the vulnerabilities of underprivileged and marginalised groups in society. It can be accomplished by effectively carrying out effectively planned actions and effectively using available resources. As a result, an effective and reliable planning process becomes essential to the GP's basic operations.

2. Examine the approach of the states for democratic decentralisation through their statutory provisions.

Ans) In 1989, the 64th Constitutional Amendment Bill was introduced by the country's then-prime minister Rajiv Gandhi. Nevertheless, it lost in the Rajya Sabha. On December 22, 1992, the 73rd Constitutional Amendment Act (CAA) was piloted and adopted by the Narasimha Rao government based on a broad consensus. The Act entered into force on April 24, 1993, following ratification by more than half of the state assembly and receiving the President's approval. After the 73rd CAA was passed, states had one year to draught their conformity acts. The Act had both mandatory and discretionary elements, which the different state governments were required to implement while taking into account the state's legislative requirements and the local conditions.

The 73rd CAA's discretionary power distribution between state legislatures and panchayats made it so that the state enactments' aim and efficacy in carrying out the CAA's core provisions were largely dependent upon them.

The CAA sought to transform these organisations into self-governing bodies. The intentions behind each conformance Act varied, though. Only a few conformity acts, such as those in West Bengal, Bihar, and Tripura, specifically indicate that they aim to give panchayats the authority and duties necessary for them to function as institutions of self-government. The purpose of panchayat institutions is to improve rural area administration, according to the Haryana Act.

The Scheduled Areas and Tribal Areas were left out by the 73rdCAA (Art. 243M), but the prospect was left open that the provisions might be extended to these areas by law. But without the Parliament passing a law to that effect, states like Andhra Pradesh, Himachal Pradesh, and Rajasthan expanded the 73rd CAA to the Scheduled Areas. The Andhra Pradesh High Court heard a case challenging this. The Bhuria Committee was then established to make recommendations regarding how such areas might be included in the CAA's ambit. The Provision of the Panchayats (Extension to the Scheduled Areas) Act, 1996 (Central Act 40), often known as the PESA Act, was created as a result of the committee's recommendations. It was introduced in the Parliament, passed, and after receiving the president's assent on December 24, 1996.

As a result, within a year, the states were required to update their current panchayat acts to comply with PESA. Currently, the PESA is fully applicable in 46 districts and partially applicable in 62 districts throughout 10 states. It places tribal power over the jal (water), jungle (forest), and jam in (land). According to the PESA, half of all seats are set aside for tribal people, and the president of every panchayat or level of government must be from a tribal group.

Since then, a number of committees have been established with the goal of strengthening the PESA's provisions. However, a number of studies and government papers suggest that a lack of political will and bureaucratic opposition were the main reasons for the Act's lacklustre reception. The State Panchayati Raj Acts have been modified in all 10 states that have PESA territories under their jurisdiction, though not totally in accordance with PESA. Land acquisition, excise, mining and minerals, forest produce, village markets, and money lending are among the state subject laws that have not yet been matched with PESA. Recent legislation, such as the grants provided by the 15th Finance Commission to the 5th and 6th Scheduled Areas, may, nevertheless, bring about some improvements.

Assignment B

Answer the following questions in about 250 words each. 3×10

3. Analyse the role of State Election Commission in conducting elections at the grassroots level.

Ans) The State Election Commission has been established in each state to oversee the holding of free and fair elections for local bodies, including the Panchayati Raj Institutions. The Commission must carry out numerous tasks and related operations in order to achieve this goal. Under Article 243K, which gives it the ability to supervise, direct, and manage local body elections, the SEC is responsible for all of these duties. The majority of states carry out the following duties:

Preparation of Electoral Rolls: An electoral roll is created for each Panchayat and Municipality, and it is overseen, directed, and controlled by the SEC. Each constituency's electoral roll is created in the prescribed manner, and it becomes effective in line with the Act's requirements.

Appointment of Dates for Nominations, etc.: The SEC appoints as soon as the notification requesting that a constituency elect a member is published. Final day to submit a nomination, last day to have a nomination scrutinised, last day to withdraw one's name from consideration, last day to have a vote, and last day to finish the election

Public Notice of Election: In response to a notification, the returning officer notifies the public of the impending election, invites candidate nominations, and specifies the location where the nomination papers will be submitted.

Nomination of Candidates for Election: If eligible, any person may be nominated as a candidate for election to fill a seat.

Publication of List of Contesting Candidates: The Returning Officer compiles and publishes a list of contesting candidates—those who have been duly nominated and have not withdrawn their candidacies within the allotted time—after the deadline for withdrawals has passed.

Fixing Time for Poll: The SEC establishes the poll's operating hours, which are then made public. At an election, the time available for voting cannot be less than eight hours per day.

Adjournment of Poll in Emergencies: The Presiding Officer may declare an adjournment of the poll within his/her jurisdiction if the proceedings at any polling station are disrupted or obstructed.

Counting of Votes: Votes are counted following each Panchayat or Municipality election under the guidance of the Returning Officer.

4. Discuss the constitutional provisions of resource mobilsation and management.

Ans) The constitutional plan for resource mobilisation and management is covered in the provisions that follow.

1) Article 243H: Power to Impose Taxes by, and Funds of, the Panchayats

a) Authorises, subject to limitations, a Panchayat to charge, collect, and appropriate such taxes, levies, tolls, and fees.

b) Allocates to a Panchayat the taxes, duties, tolls, and fees that the State Government has imposed and collected for the specified purposes, subject to certain restrictions.

c) Allows for the State's Consolidated Fund to make such grants-in-aid to the Panchayats.

d) Provides for the creation of such funds for the crediting of all money received by or on behalf of the Panchayats, as well as for the withdrawal of money from those funds in accordance with any applicable legal requirements.

2) Article 2431: Constitution of Finance Commission to Review Financial Position

As soon as possible after the Constitution Act of 1992 takes effect and then at the conclusion of every fifth year, the Governor of a State must appoint a Finance Commission to examine the financial standing of the Panchayats and offer recommendations to the Governor regarding:

a) The guidelines that should be followed-

i) The determination of the taxes, charges, tolls, and fees that the Panchayats may be given or given credit for.

ii) The State's Consolidated Fund provided grants in aid to the Panchayats.

b) The steps necessary to strengthen the Panchayats' financial situation.

c) Any other problem the Governor refers to the Finance Commission in order to ensure the Panchayats in a given State have solid financial management.

3) Article243J: Audit of Accounts of Panchayats

The maintaining of accounts by Panchayats and the auditing of those accounts are matters that the legislature of a State may specify in legislation. The Constitution's aforementioned provisions can be viewed as governing the administration of financial resources that are raised and distributed at various levels. The Panchayat Acts of the states have incorporated these Constitutional requirements.

5. What are the major issues and challenges before the PRIs in service delivery?

Ans) The following are some difficulties and problems that the PRIs face in providing services:

The Capacity of the Panchayats

Government programmes' terminology is evolving quickly in an effort to stay up with the world's modernization. It could be difficult for the workers and leaders at the local level to quickly understand them. Efficiency benefits from increased adoption of technology and connectivity, yet local government stakeholders are put in a difficult situation. Although the government is aware of the issue, capacity building initiatives have been incorporated into every programme to address it.

Resources of the Panchayats

Since their inception, panchayats have relied on funding from the Union and their individual state governments. Even though the 73rd CAA's Article 243-H gave them the authority to impose taxes and collect user fees, the bulk of Panchayats still have very poor internal resource generation. Even the funds that made it to PRIs were primarily linked to one or the other scheme. They now have some flexibility because to the untied grants provided by the Finance Commission awards, but the needs at the Panchayat level are greater.

Interaction with the Officials of the Line Agencies

It is challenging for Gram Sabha members and Panchayat leaders to communicate with Line Agency employees. The aspiring rural population is working to get through hurdles that they have created to prevent them from being passive service recipients. However, communication barriers still exist. The administrative apparatus has come under a lot of stress as a result of the performance pressure and actions taken, particularly in the last 20 years to increase openness and accountability.

Elected Women Representatives

The effectiveness of women as leaders is sufficiently demonstrated, and their beneficial relationship to growth is now well-established. Women who are elected on a tribe tend to spend more on public commodities like drinking water that represent local interests. According to experience, women leaders share the same tastes and development priorities as the people in their areas.

Assignment C

Answer the following questions in about 100 words each. 5×6

6. Discuss the Forest Rights Act, 2006.

Ans) Another significant piece of law was passed as part of a rights-based strategy to protect the Adivasi people's ownership rights. The Forest Rights Act of 2006 recognises the rights of tribal communities that live in the forest as well as other traditional forest dwellers to the forest resources on which these communities have traditionally relied for a range of needs, including subsistence, habitation, and other sociocultural requirements. In essence, the Act gives traditional forest residents responsibility over the forest's resources and area. The Ministry of Tribal Affairs and the Ministry of the Environment are responsible for the Forest Rights Act.

The states were tasked with putting the Forest Rights Act of 2006 into effect per the Ministries' directive. The Act safeguards their right to use and access forest resources "in the manner to which they were traditionally accustomed, to protect, conserve and manage forests, to protect forest dwellers from unlawful evictions, and also provides for basic development facilities for the community of forest dwellers to access facilities of education, health, nutrition, infrastructure, etc." Despite the Act being in effect for more than 15 years, numerous forest communities have not had their customary rights recognised or registered, which has led to disputes throughout the years.

7. Examine the role of District Planning Committee.

Ans) The District Planning Committee is in charge of implementing the 74th Amendment of the Constitution, which required the unification of the three-tiered Panchayat Plans into the District Development Plan (DPC). Therefore, the District Planning Committee combines the three-tier Panchayat Plans and the Plans of the Urban Local Bodies into a comprehensive District Plan in a way that allows the rural and urban Plans to be integrated into it while still being able to remain intact and independent as Plans of the Rural and Urban Institutions of the Local Governments.

It is important to note that at the Block and District levels, the Intermediate and District Development Plans ensure sector-based plans and convergence of all relevant line departments. The Block/Intermediate and District Panchayats' standing, and sectoral committees must serve as the framework for the preparation of these plans. It should be mentioned that the draught Plan must be presented to the Intermediate and District/Zilla Panchayat General Body meeting for approval. All elected members of the Intermediate or District Panchayat must be present for this meeting. The District Panchayat Committee (DPC) will be presented with the final integrated District Panchayat Plan for synthesis and creation of the District Development Plan.

8. Discuss the evolution of local government in pre-independence period.

Ans) In India, local government has always been a significant issue. Its origins can be traced to both the ancient and mediaeval periods. The panchayats, or village governments, were historic entities that were republics in and of themselves. Likewise, throughout this time, there was also an urban government. These organisations were still around throughout the Mughal era. An officer named kotwal was in charge of running the town. In addition to carrying out a number of municipal duties, he had the absolute power in all magisterial, policing, and financial concerns.

Even though local government in India has a long history, the British colonial administration is largely responsible for its current makeup and manner of operation. "Local self-government in India, in the sense of a representative organisation accountable to a body of electors, enjoying broad powers of administration and taxation, and functioning as both a school for responsibility training and as a crucial link in the chain of organisms that make up the government of the country, is a British creation. The ancient village communities were formed only on the basis of caste or inherited privilege, and the scope of their responsibilities was severely constrained. They were neither deliberate tools for political education nor significant components of the governing structure.

9. Enumerate the initiatives of e-Governance in rural India.

Ans) India is a nation of villages, and the Indian government has started a number of programmes to enhance and maintain the general prosperity, growth, and development of rural areas. In fact, some of the programmes implemented in rural India have greatly enhanced the quality of the services provided by the government. A number of programmes, including the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA), online income tax, online central excise, unique ID, and e-office, have boosted local economic growth. Some state-level initiatives, like the SETU Project in Maharashtra and the Bhumi Project in Karnataka, have been delivering great services and saving both individuals and the government time and money, which has led to the socioeconomic growth of rural India.

The following are a few of the rural development projects:

1. E-Choupal

2. Gyandoot

3. Akashganga

4. Kissan Call Centres

5. Tata Kissan Kendra

6. Computerised Rural Information System Project

7. Mgnrega (Mahatma Gandhi National Rural Employment Guarantee Act)

10. Write a note on Jal Jeevan mission.

Ans) By 2024, all households in rural India are expected to have access to clean and sufficient drinking water through individual household tap connections. The mission is centred on a community-based approach to water, and a major part of it will involve substantial information, education, and communication. It aims to turn water into a Jan Andolan and make it everyone's top priority.

A village's water supply infrastructure is planned, put into place, managed, operated, and maintained primarily by the Gram Panchayat. The Gram Panchayat's responsibilities include determining needs, planning, incorporating the community, putting plans into action, and monitoring water quality. Gram Panchayats could establish "Village Water and Sanitation Committees (VWSC)" to do all of this. This group might assist in organising localities, educating residents, and making sure they receive the technical assistance and training they need to obtain access to drinking water.

The action plan created by the Village Water and Sanitation Committees may receive assistance from the Block Panchayat in its overall implementation. The District Panchayats aid in inter-sectoral coordination, as well as the training of those responsible for monitoring and assessing the schemes and programmes created by the Gram Panchayat.