Magna Carta Prelims 2024

L11 : Local Self Government

 LOCAL SELF GOVERNMENT
Structure v. Powers

73rd C.A. 74th C.A.

Delegation
Panchayats Municipalities

Art 40 (D.P.S.P.)

Compulsory & Voluntary Provisions

Decentralisation

State List
Multi Tier Structure

Devolution
XI & XII Schedules

PESA
73rd CA inapplicable to
Vth Schedule
VIth Schedule
Schedule V
Darjeeling Gorkha Hill Council
Parliament by ordinary law can extend 73rd CA
provisions to Vth & VIth Schedule
Schedule VI
 District Planning Comittee

Metropolitan Planning Committee

Head of Z.P Chair/Mayor

Zila Parishad Nagar Panchayat/Municipal Nagar Panchayat/Municipal

Council/Municipal Corporation Council/Municipal Corporation

Ward 1 + Ward 2 = Municipality I Ward 3 + Ward 4 = Municipality II

Block I + Block II + Block II = District (Rural) Municipality I = II = District (Urban)

Head of P.S. Head of P.S.

Panchayat Samiti Panchayat Samiti Chair Chair

Chair Chair

Ward Ward
Ward Ward
Village 1 + Village 2 = Block I Village 3 + Village 4 = Block II Committee Committee
Committee Committee

Ward 3 Ward 4
Ward 1 Ward 2
Sarpanch Sarpanch Sarpanch Sarpanch

Village Panchayat Village Panchayat Village Panchayat Village Panchayat

Village 1 Village 2 Village 3 Village 4

 Panchayats Municipalities

73rd Constitutional Amendment, XI Schedule 74th Constitutional Amendment, XII Schedule

3 Tier 2 Tier
Zila Parishad (District) Municipality or Nagar Panchayat/Municipal Council/Municipal
Layer
Panchayat Samiti (Block) Corporation (Size/Population of Urban Area)
Gram Sabha (Village) Ward Committees

5 Years unless dissolved

Dissolved by law
Duration
Municipalities get opportunity to be heard
If dissolved sooner, then new tier continues for remainder period

Members
Municipality or Nagar Panchayat/Municipal Council/Municipal
Members of all 3 tiers - Direct Corporation (Size/Population of Urban Area) - Direct
Chair Ward Committees - As per state Law
Method of Election
Gram Sabha - As per state law Chair
Panchayat Samiti & Zila Parishad - Indirect Municipality or Nagar Panchayat/Municipal Council/Municipal
Corporation (Size/Population of Urban Area) - As per state law
Ward Committees - As per State Law

Disqualifications As per state law As per state law

 Panchayats Municipalities

73rd Constitutional Amendment, XI Schedule 74th Constitutional Amendment, XII Schedule

Compulsory Compulsory
SC/ST SC/ST
Members - As per population Members - As per population
Chair - As per state law Chair - As per state law
Women Women
Reservation Members - 1/3rd Members - 1/3rd
Chair - 1/3rd Chair - As per state law
Voluntary Voluntary
Backward Classes (OBC) Backward Classes (OBC)
Members - As per state Members - As per state
Chair - As per state Chair - As per state

State Election Commission

State Finance Commission
Compulsory Bodies
District Planning Committee (Min 4/5th indirectly elected)
Metropolitan Committee (Min 2/3rd indirectly elected)
 PESA

Legislative Power of Gram Sabha

Power of subordinate legislation with respect to
consumption of intoxicants,
minor forest produce,
land-alienation,
village markets,
money-lending,
control over institutions and functionaries in social sector,
control over local plan and resources for them, if and when endowed by State Legislature.
Administration of Justice by Gram Sabha
Only to the extent that State Legislature is prohibited from making laws inconsistent with customary laws and practices, including customary
mode of dispute resolution but Union legislations like CrPC and CPC would prevail over customary methods.
General Administration (Executive Functions) by Gram Sabha
Approval is mandatory for implementation of local plans, its recommendation is mandatory with respect to minor minerals, and consultation
with it is mandatory for land-acquisition and rehabilitation associated with development projects.