(a) whether all States and Union Territories have implemented the provisions of the
73rd and 74th amendments to the Constitution of India regarding devolution of
powers to the Panchayats under the three tier administration system;
(b) if not, the reasons therefor; and
(c) the steps taken by the Union Government in this regard?
MINISTER OF PANCHAYATI RAJ (SHRI MANI SHANKAR AIYAR)
(a): All States/UTs to which the Constitution (73rd Amendment) Act, 1992 applies,
except Jharkhand and Pondicherry have held elections and constituted Panchayats in
accordance with the provisions of Part IX of the Constitution. However, as the Constitution
provides that it is legislatures of States that will endow the Panchayati Raj Institutions with
powers and authority, States have devolved powers and responsibilities to the Panchayats in
varying measure. The Union Government in the Ministry of Home Affairs is responsible for
devolution to Panchayati Raj Institutions in the Union Territories that do not have a
legislature. NCT Delhi has only urban local government in accordance with Part IX A of the
Constitution.
Implementation of Article 243ZD under the 74th Amendment relating to constitution
of District Planning Committees has been uneven. A letter has been sent by the Planning
Commission on 24-10-05 to the Planning Secretaries of all States/ UTs conveying the
guidelines for the preparation of District Plans and their incorporation into the Annual Plans.
These guidelines stipulate that constitution of DPCs in accordance with the provisions of the
Constitution is one of the points to be taken into consideration before approval of the Annual
Plan Proposals for 2006-07.
(b) &(c): To provide an impetus to the implementation of Part IX of the Constitution in
letter and spirit by States, the Ministry of Panchayati Raj convened seven Round Tables of
State Ministers in charge of Panchayati Raj between July and December, 2004 and evolved,
by consensus, a set of around 150 points for action, which have been put together in a
compendium that was adopted unanimously at the conclusion of the last Round Table in
Jaipur. The joint programme of action seeks to ensure that on the basis of Activity Mapping,
Panchayats at various levels are devolved with funds, functions and functionaries to enable
them to emerge as institutions of self-government.
A Council of State Ministers of Panchayati Raj under the Chairmanship of the Union
Minister for Panchayati Raj has been constituted to review the implementation of the
recommendations. The first meeting of the Council was held on 5th – 6th August, 2005 at
Kochi, Kerala. A Committee of Chief Secretaries of States and State Panchayati Raj
Secretaries has also been constituted under the Chairmanship of the Secretary, Ministry of
Panchayati Raj to monitor the progress on the implementation of the 150 recommendations
of the Seven Round Tables and the decisions of the Council of States Ministers of Panchayati
Raj. Four review meetings of the Committee have so far been held in April, 2005, June,
2005, September, 2005, and November 2005.
With a view to interacting with Panchayats and carrying out a review with the
authorities concerned of the progress in implementing the points for action mutually agreed
upon in the Round Tables, a process of visiting the States and UTs at the level of Union
Minister for Panchayati Raj has been initiated. Eight States have been covered so far,
including Karnataka, West Bengal, Uttaranchal, Haryana, Chhattisgarh, Orissa, Arunachal
Pradesh and Rajasthan. Each visit is concluded with a Statement of Conclusions jointly
signed with the Chief Minister of the State concerned, highlighting the key points of action
on which the State would move to operationalise the recommendations of the Round Tables.
An exercise is also underway to review different statutes with a view to harmonise
them with the provisions of Part IX of the Constitution. Similarly, the guidelines of Centrally
Sponsored Schemes are being reviewed to ensure the centrality of Panchayats in planning
and implementation. As regards new Centrally Sponsored Schemes, wherever relevant, it is
proposed to provide for a central role for Panchayats. Thus, for example, the National Rural
Employment Guarantee Act provides for the Panchayats to be the `principal authorities` for
the planning and implementation of schemes under the Act. Steps are also being taken to fill
in critical gaps in infrastructure and capacity so that Panchayats can effectively fulfill their
constitutional role.