73rd Constitutional Amendment MP

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Parikshit Nema 2010BPLN012 Siddharth Singh 2010BPLN003 73 rd Constitutional Amendment Madhya Pradesh scenario

description

Governance reforms

Transcript of 73rd Constitutional Amendment MP

Page 1: 73rd Constitutional Amendment MP

Parikshit Nema2010BPLN012

Siddharth Singh

2010BPLN003

73rd Constitutional AmendmentMadhya Pradesh scenario

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Madhya Pradesh was the first state in the country to implement the 73rd and 74th Amendment to the Constitution. 

23051 Panchayats in MP and 3,96,877 elected representatives govern the Panchayats in the state.

Background

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Of these, 1,34,368 seats are reserved for women in all three tiers.

In the third generation of elections, out of 23051 Panchayats, 8394 Panchayats are headed by women

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Madhya Pradesh Panchayat Act 1962 Passed to implement decentralized institutions

based on the report of Balvantray Mehta committee.

Tribal areas not included under its domain.3-Tiers Panchayats envisaged – Gram Panchayat

at village level, Janpad Panchayat at block level and Zilla Panchayat at district level. 

Preliminaries

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 Revitalizing panchayats and transfer power to the lower level to ensure participation of them

It also provided for Gram Sabhas which was to be organized at the patwari circle level.

Regular elections, involvement of political parties and transfer of resources and development machinery to the local bodies.

Madhya Pradesh Panchayati Raj Act, 1990

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This attempt to establish panchayati raj sytem turned out to be a half hearted one and thus these institutions remained ineffective in a large sense.

In actual implementation, state government turn out to be not much desirous to transfer effective powers, resources and authority to the local bodies.

Bureaucratic structures also posed a tough resistance to devolve power to panchayats. 

Problems and Shortcomings

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73rd and 74th amendment acts were passed by Parliament with near unanimity on 22 and 23rd December 1992.

Binding on the states to pass implementing legislation within a year of the commencement of 73rd amendment act.

It added 11th schedule in the constitution which list subjects required to be transferred to panchayats.

 73rd Amendment Act

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This act was passed by Madhya Pradesh government to implement the 73rdamendment act.

Empower Panchayati Raj Institutions and to make them more democratic by

Ensure greater participation, and endow them with powers to enable effective local self governance

Ensure their involvement in local administration and development activities

Independent audit organization under State Government to audit the accounts of Panchayats

Madhya Pradesh Panchayati Raj Act, 1993

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Degree of Devolution

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Madhya Pradesh Government has taken many significant steps to devolve functions, functionaries and finances related to various departments to the Panchayats.

However these functions have not been transferred in their whole but State Government has kept significant part of them with itself and devolved only implementation, monitoring etc. to Panchayats.

. Functionaries transferred also remained employees of State Government and power of their transfer, posting, promotions etc. remain solely with the State Government departments

Panchayats also lack their own financial resources.

Post 73rd CAA

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Political clout of the Panchayats depends on their relationship with upper level Governments.

Panchayats are also lacking any effective influence over State Government.

Distribution of revenue depends on the advice of State Finance Commission but its constitutions is completely in the hands of State Government. 

Post 73rd CAA

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Panchayati Raj System as implemented in Madhya Pradesh in post 73rd amendment act period has not fulfilled the dream of self government units at local level.

Panchayats in Madhya Pradesh has not been provided with much financial resources.

The taxes which have been allocated to them are not very significant and they also lack capacity to enforce these taxes. 

Panchayats rendered as an agency providing implementation and delivery of programs decided at above and thus they remain limited as implementation agencies of State/Central Government rather than governments in themselves.

Conclusion

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State Government under the leadership of Mr. Digvijay Singh the then Chief Minister had shown an ambivalent attitude toward Panchayats

At the one hand, he took some significant steps to establish Panchayats and transferred many functions, functionaries and finances and at the other hand he also established a parallel District Government headed by a minister of state government. 

There are also many other parallel bodies like DRDA and line departments which exists. 

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There still exist multiple parallel agencies at district, block and village level working for development activities and providing services which in turn reduce the importance of Panchayats. 

Lack of linkages between different levels of Panchayats.

Panchayats could not be termed as very successful in changing the paradigm of governance at the ground level.