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CHANAKAYA NATIONAL LAW UNIVERSITY

NAYAYA NAGAR, MITHAPUR, PATNA- 800001

LEGAL RESEARCH AND RESEARCH METHEDOLOGY

TOPIC
PANCHAYATI RAJ
SUBMITTED BY: SUBMITTED TO:

NAME: HUMA SIDDIQUA Mr. VIJYANT SINHA

ROLL NO: 1927 FACULTY OF LEGAL RESEARCH AND

SEMESTER: FIRST RESEARCH METHODOLOGY


INTRODUCTION

The 73rd Constitutional Amendment Act was passed by the


Parliament in April1993. The Amendment provided a
Constitutional status to the
Panchayati Raj Institutions in India and left no discretion with
the State governments in several important matters pertaining
to these Institutions. Before the 73rdAmendment was made
effective, Article 40 of the original Constitution provided for a
Directive to the government to take steps to organise village
Panchayats and endow them with the powers and authority as
may be necessary to enable them to function as the units of self-
government. But, by mid-eighties it was realised that the said
Directive was not sufficient to institutionalise Panchayati Raj in
India.
The Constitutional Amendment Act was passed in the year 1993
and the State governments were then required to enact revised
Panchayati Raj Acts as per the provisions of the amended
Constitution. Before the impact of 73rd Amendment is
assessed, it would be better to consider the provisions of this
Amendment. Articles 243, 243A to 243-O were added as parts
of newly inserted Part IX of the Constitution. The Amendment
introduced across the board three-tier system of the PRIs at
village Panchayat, Block and District levels. The electorates at
Gram Panchayat level have been named as the Gram Sabha
which elects the representatives to Gram Panchayat by way of
direct election. Further, Article 243D provides for reservation of
seats at all levels for Scheduled Castes (SCs), Scheduled Tribes
(STs) and women. While the reservation for the SCs/STs is as
per their actual proportion in population of the concerned area,
it is provided that not less than one-third of the total seats in all
the tiers will be reserved for women. The States are empowered
to reserve the offices of the Chairpersons at all the three tiers.
There is a move now to increase the reservation for women to
50 per cent.
AIMS AND OBJECTIVES
1. The researcher intends to analyse about the different
forms of government.
2. The researcher wants to understand the basic concept of
what is the need to have a local government.
3. The researcher intends to analyse the functioning of the
Panchayats.
4. The researcher intends to highlight the important features
of Panchayati raj.

RESEARCH METHODOLOGY
The researcher will be relying upon doctrinal method of
research to complete the project at hand.

SOURCE OF DATA
The researcher will be going through both books and content
from the Internet.

TENTATIVE CHAPTERIZATION

1. An Introduction - Panchayats have been the backbone of the


Indian villages since the beginning of recorded history.
Gandhiji, the father of the nation, in 1946 had aptly remarked
that the Indian Independence must begin at the bottom and
every village ought to be a Republic or Panchayat having
powers. Gandhiji’s dream has been translated into reality with
the introduction of the three-tier Panchayati Raj system to
ensure people’s participation in rural reconstruction.
2. Main features – The main features of this is that every state
would have a 3 tier system of Panchayati Raj.
3. Powers and responsibilities - Implementation of schemes for
economic development and social justice in relation to 29
subjects given in Eleventh Schedule of the Constitution.
4.3-tier system of Panchayati Raj
a) Village level Panchayat
b) Block (intermediate) level Panchayat
c) District level Panchayat
5. Main Problems - Started with great hope and enthusiasm
some of the major problems and short comings that devoted in
the working Panchayati Raj institutions can be identified as
lack of Panchayati Raj bodies to generate their own resources
such as tax on sale land and Lack of adequate transfer of
powers and resources to Panchayati institutions.
6. Reservation for Woman in Panchayati Raj Institutions - In
accordance with the 73rd Amendment 33 per cent of seats have
been reserved for rural woman in the Panchayati Raj
Institutions. The Statutory reservation of seats for woman in
Panchayati Raj bodies has provided an opportunity for their
formal involvement in the development and political processes
at the grass root level thereby to enabling them to influence the
Decision making process in the local governments.
7. Implications of constitutional 73rd & 74 Amendment8).
Challenges
a. Lack of information
b. Delays in fund transfer to the Gram Panchayat- low
accountability of the higher institutions.
c. Riders for NREGA: Challenges of backward districts
9. Conclusion - While there is abundant experience with India’s
bureaucratic set-up, the Panchayati Raj system is of relative
recent vintage and project designers/ policy makers have
limited hands-on experience of its functioning.

BIBLIOGRAPHY
Websites

 www.panchayat.gov.in
 www.ruralmarketing.in
 www.wikipedia.com
BOOKS

 Panchayati Raj System In India

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