TABLE OF CONTENTS

1. Local self govt...................................................................................................................... 2

2. Panchayati Raj (Rural Local Bodies) ................................................................................... 7

3. Municipalities (Urban Local Bodies)................................................................................. 13

4. DPSP & Fundamental Rights ............................................................................................ 16

5. Seperation & distribution of powers .................................................................................. 18

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 LOCAL SELF GOVT.
1. INTRODUCTION
- Indian constitution provides for a three tier federal structure as below:-
o Union Government at the top
o State Government in the Middle
o Local Government i.e. Panchayats and Municipalities at Grass Root
- The 73rd and 74th constitutional amendments give recognition and protection to local
governments and in addition each state has its own local government legislation. Since
1992, local government in India takes place in two very distinct forms.
- Urban localities, covered in the 74th amendment to the Constitution, have Nagar Palika
but derive their powers from the individual state governments.
- While the powers of rural localities have been formalized under the Panchayati
Raj system, under the 73rd amendment to the Constitution.
2. DEFINITIONS
2.1. Local Self Govt.
- Local self-government in India refers to governmental jurisdictions below the
level of the state. India is a federal republic with three spheres of government;
central, state and local.
3. HISTORY
3.1. Ancient India – Dharmshastra, Manusmriti, Arthshastra, Buddhist texts.
3.2. Mughals – More centralised system.
3.3. British era – Lord Ripon suggested LSG hence known as Father of LSG, Mahatma
Gandhi also advocated Gram Swarajya.
3.4. Post independence – Article 40, then reports of various committees followed by the
73rd & 74th amendment of the constitution.
4. RECOMMENDATIONS BY COMMITTEES
4.1. Balwant Rai Committee (1957)
- The committee submitted its report in November 1957, in which the term ‘democratic
decentralization’ first appears.
- The important recommendations are:
1. Establishment of a three-tier Panchayati Raj system –
 Gram Panchayat at village level (direct election),
 Panchayat Samiti at the block level (indirect election) and
 Zila Parishad at the district level (indirect election).
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 2. District Collector to be the chairman of Zila Parishad.
3. Transfer of resources and power to these bodies to be ensured.
- The existent National Development Council accepted the recommendations.
- However, it did not insist on a single, definite pattern to be followed in the establishment
of these institutions. Rather, it allowed the states to devise their own patterns, while the
broad fundamentals were to be the same throughout the country.
4.2. Ashok Mehta Committee (1977)
- The Committee had to evolve an effective decentralized system of development for
Panchaya Raj Institutions (PRI).
- They made the following recommendations:-
o The district is a viable administrative unit for which planning, coordination, and
resource allocation are feasible and technical expertise available,
o PRIs as a two-tier system, with
 Mandal Panchayat at the base and
 Zilla Parishad at the top,
o The PRIs are capable of planning for themselves with the resources available to
them,
o District planning should take care of the urban-rural continuum,
o Representation of SCs and STs in the election to PRIs on the basis of their
population,
o Four-year term of PRIs,
o Participation of political parties in elections,
o Any financial decentralization should be done for the Panchayats.
4.3. G V K Rao Committee (1985)
- The G.V.K. Rao Committee was appointed by Planning Commission to once again look
at various aspects of Panchaya Raj Institutions (PRI).
- The Committee was of the opinion that a total view of rural development must be taken
in which PRIs must play a central role in handling people's problems.
- It recommended the following:-
o PRIs have to be activated and provided with all the required support to become
effective organisations,
o PRIs at district level and below should be assigned the work of planning,
implementation and monitoring of rural development programmes, and the block
development office should be the spinal cord of the rural development process.
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 o Distict development commissioner to be introduced.
o Election should be conducted regularly.
4.4. L M Singhvi Committee (1986)
- A committee led by Laxmi Mall Singhvi was constituted in the 1980s to recommend
ways to revitalize PRIs.
- The Gram Sabha was considered as the base of a municipality decentralised, and PRIs
viewed as institutions of self-governance which would actually facilitate the participation
of the people in the process of planning and development.
- It recommended:-
o Local self-government should be constitutionally recognised, protected and
preserved by the inclusion of new chapter in the Constitution,
o Non-involvement of political parties in Panchayat elections.
5. 73RD AMENDMENT, 1992
- The 73rd amendment to the Constitution enacted in 1992 made statutory provisions for
the establishment, empowerment and functioning of Panchayati Raj Institutions (PRI). It
inserted Part-9 and schedule-11 in the constitution.
- Some provisions of this amendment are binding on the States while others have been left
to be decided by respective State Legislatures at their discretion.
5.1. Compulsory provisions
(i) Organisation of Gram Sabhas;
(ii) Creation of a three-tier Panchayati Raj Structure at the Zila, Block and Village
levels;
(iii) Almost all posts, at all levels to be filled by direct elections;
(iv) Minimum age for contesting elections to the Panchayati Raj institutions be
twenty-one years;
(v) The post of Chairman at the Zila and Block levels should be filled by indirect
election;
(vi) There should be reservation of seats for Scheduled Castes/ Scheduled Tribes in
Panchayats, in proportion to their population, and for women in Panchayats up to
one-third seats;
(vii) State Election Commission to be set up in each State to conduct elections to
Panchayati Raj institutions;
(viii) The tenure of Panchayati Raj institutions is five years, if dissolved earlier, fresh
elections to be held within six months; and
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 (ix) A State Finance Commission is set up in each State every five years.
5.2. Voluntary provisions
(i) Giving voting rights to members of the Central and State legislatures in these
bodies;
(ii) Providing reservation for backward classes; and
(iii) The Panchayati Raj institutions should be given financial powers in relation to
taxes, levy fees etc. and efforts shall be made to make Panchayats autonomous
bodies.
6. 74TH AMENDMENT, 1992
- The Amendment made statutory provisions for the establishment, empowerment and
functioning of urban local self-governing institutions. The main provisions of this Act
can be grouped under two categories–compulsory and voluntary.
6.1. Compulsory provisions
(i) Constitution of Nagar Panchayats, Municipal Councils and Municipal
Corporations in small, big and very big urban areas respectively;
(ii) Reservation of seats in urban local bodies for Scheduled Castes / Scheduled
Tribes roughly in proportion to their population;
(iii) Reservation of seats for women up to one-third seats;
(iv) The State Election Commission, constituted in order to conduct elections in the
Panchayati Raj bodies (73rd Amendment) will also conduct elections to the urban
local self- governing bodies;
(v) The State Finance Commission, constituted to deal with financial affairs of the
Panchayati Raj bodies also looks into the financial affairs of the local urban
selfgoverning bodies;
(vi) Tenure of urban local self-governing bodies is fixed at five years and in case of
earlier dissolution fresh elections are held within six months;
6.2. Voluntary provisions
(i) Giving voting rights to members of the Union and State Legislatures in these
bodies;
(ii) Providing reservation for backward classes;
(iii) Giving financial powers in relation to taxes, duties, tolls and fees, etc;
(iv) Making the municipal bodies autonomous and devolution of powers to these
bodies to perform some or all of the functions enumerated in the Twelfth

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 Schedule added to the Constitution through this Act and/or to prepare plans for
economic development
7. FEATURES – Union of India vs. RC Jain, 1981 AIR 951
7.1. Municipality and Panchayats are local authorities under article 12.
7.2. The authority has separate legal existence as corporate bodies.
7.3. It functions in a defined area and ordinarily, wholly or partly, directly or indirectly be
elected by the inhabitants of the area.
7.4. It enjoys a certain degree of autonomy, with freedom to decide for itself, questions of
policy affecting the area administered by it.
7.5. It is entrusted by statute with such governmental functions and duties as are usually
entrusted to municipal bodies.
7.6. It has the power to raise funds for furtherance of its activities and fulfilment of its
projects by levying taxes, rates, charges and fees.
7.7. Thus, fundamental rights are available against the local bodies and can be enforced
through court of law.
8. IMPORTANCE
8.1. Democracy
8.2. Education
8.3. Development
8.4. Local problem
8.5. Reduce burden
8.6. Economical
8.7. Effective & efficient management
9. PROVISION OF LSG IN DPSP [ART. 40]
- The state shall take steps to organize village panchayats and endow them with such
powers and authority as may be necessary to enable them to function as units of self-
government.
10. CONCLUSION

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 PANCHAYATI RAJ (RURAL LOCAL BODIES)
1. INTRODUCTION
2. DEFINITION
2.1. Gram Sabha [Article 243(b)]
- “Gram Sabha” means a body consisting of persons registered in the electoral rolls
relating to a village comprised within the area of Panchayat at the village level;
2.2. Intermediate level [Article 243(c)]
- “Intermediate level” means a level between the village and district levels
specified by the Governor of a State by public notification to be the intermediate
level for the purposes of this Part;
2.3. Panchayat [Article 243(d)]
- “Panchayat” means an institution (by whatever name called) of self-government
constituted under article 243B, for the rural areas;
3. COMPOSITION [Article 243C.]
- The Panchayati Raj system, as established in accordance with the 73rd Amendment, is a
three-tier structure based on direct elections at all the three tiers:-
3.1. Panchayat at village level
3.1.1. COMPOSITION
- This is the basic or grasroots level of panchayati raj. The panchayat for a village or a
group of villages includes
(a) Gram Sabha
- Generally, two meetings of Gram Sabha are held every year.
- In these meetings, the Gram Sabha as the general body of the people hear annual
statement of accounts, audit or administrative report of panchayats.
- It also recommends new development projects to be undertaken by panchayats.
- It also helps in identifying poor people of the village so that they may be given economic
assistance.
(b) Gram Panchayat
- The lower tier of the panchayati raj system in the country is the village level panchayat.
- It is known in most of the States as Gram Panchayat.
- The members of a Gram Panchayat are directly elected by the people.
- The number of members of a Gram Panchayat is fixed on the basis of village population.

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- Election is held on the basis of single-member constituency.
- Chairpersons of Gram Panchayats are called by different names in different States as
Sarpanch, Pradhan or President etc. elected by members of the panchayat.
- Gram Panchayats generally hold their meetings once a month.
- Panchayats at all levels constitute committees for transaction of their business.
(c) Nyaya Panchayat.
- These are judicial panchayats and reminder of ancient village panchayat that settled local
disputes.
- They are set up to provide speedy and inexpensive justice.
- Jurisdiction of Nyaya Panchayat varies from State to State – one such panchayat is set up
for five or more gram panchayats.
- Their tenure is between 3 and 5 years, as determined by State law.
- Nyaya Panchayats generally deal with petty civil and criminal cases, and can impose fine
upto Rs. 100 only.
- There are no lawyers to plead the cases in Nyaya Panchayat. Parties to the disputes argue
their own cases.
3.1.2. SOURCE OF INCOME
- Taxes collected locally such as on water, place of pilgrimage, local mandirs (temples),
and markets
- A fixed grant from the State Government in proportion to the land revenue and money
for works and schemes assigned to the Parishads
- Donations
3.2. Panchayat Samiti / Janpad Panchayat
- The second or middle tier of the panchayati raj is Panchayat Samiti which provides a link
between Gram Panchayat and a Zila Parishad.
- The strength of a Panchayat Samiti also depends on the population in a samiti area.
3.2.1. COMPOSITION
- The committee consists of Sarpanchas (gram panchayat chairmen) in the Panchayat
Samiti area, the MPs and MLAs of the area, the sub-district officer (SDO)
- In Panchayat Samiti, some members are directly elected.
3.3. Zila Parishad
- Zila Parishad at the district level is the uppermost tier of the Panchayati Raj system.
- This institution has some directly elected members whose number differs from State to
State as it is also based on population.
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- Zila parishad meetings are conducted once a month. Exemption from the talluka tier is
given to the small States having less than 20 lakhs population [Article 243B].
3.3.1. COMPOSITION
- Deputy Commissioner of the District
- Chairpersons of all Panchayat Samitis in the district (ex officio)
- Heads of all Government Departments in the district
- Members of Parliament and Members of Legislative Assemblies in the district
- A representative of each cooperative society
- Some women and Scheduled Caste members, if not adequately represented
- Co-opted members having extraordinary experience and achievements in public service.
- The chairperson of a Zila Pazishad, called Adhyaksha or President, is elected from
among the directly elected members.
- The vice-chairperson is also elected similarly.
4. RESERVATION [ARTICLE 243D]
4.1. For ST/SC – in proportion to their ration of population
4.2. For women – 1/3rd of the total seats
5. TERMS [ARTICLE 243E]
- 5 years. And if a panchayat is dissolved earlier, elections are held within six months.
6. QUALIFICATIONS [ARTICLE 243F]
6.1. Age of atleast 21 years
6.2. Eligible to be the member of state Legislature
7. POWERS & RESPONSIBILITIES [ARTICLE 243G, 11TH SCHEDULE]
7.1. Powers – As the state govt. from time to time specify
7.2. Responsibilities - 11th Schedule
1. Agriculture, including agricultural extension.
2. Land improvement, implementation of land reforms, land consolidation and soil
conservation.
3. Minor irrigation, water management and watershed development.
4. Animal husbandry, dairying and poultry.
5. Fisheries.
6. Social forestry and farm forestry.
7. Minor forest produce.
8. Small scale industries, including food processing industries.
9. Khadi, village and cottage industries.
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 10. Rural housing.
11. Drinking water.
12. Fuel and fodder.
13. Roads, culverts, bridges, ferries, waterways and other means of communication.
14. Rural electrification, including distribution of electricity.
15. Non-conventional energy sources.
16. Poverty alleviation programme.
17. Education, including primary and secondary schools.
18. Technical training and vocational education.
19. Adult and non-formal education.
20. Libraries.
21. Cultural activities.
22. Markets and fairs.
23. Health and sanitation, including hospitals, primary health centres and dispensaries.
24. Family welfare.
25. Women and child development.
26. Social welfare, including welfare of the handicapped and mentally retarded.
27. Welfare of the weaker sections, and in particular, of the Scheduled Castes and the
Scheduled Tribes.
28. Public distribution system.
29. Maintenance of community assets.
8. SOURCE OF INCOME
- 243H. Powers to impose taxes by, and Funds of, the Panchayats –
- The Legislature of a State may, by law,—
- (a) authorise a Panchayat to levy, collect and appropriate such taxes, duties, tolls and fees
in accordance with such procedure and subject to such limits;
- (b) assign to a Panchayat such taxes, duties, tolls and fees levied and collected by the
State Government for such purposes and subject to such conditions and limits;
- (c) provide for making such grants-in-aid to the Panchayats from the Consolidated Fund
of the State; and
- (d) provide for constitution of such Funds for crediting all moneys received, respectively,
by or on behalf of the Panchayats and also for the withdrawal of such moneys therefrom,
as may be specified in the law.
9. STATE FINANCE COMMISSION [Article 243I]
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- The State government is also required to appoint a State Finance Commission once in
five years.
- This Commission would examine the financial position of the local governments in the
State.
- It would also review the distribution of revenues between the State and local
governments on the one hand and between rural and urban local governments on the
other.
- This innovation ensures that allocation of funds to the rural local
10. ELECTIONS [Article 243K]
- State Election commission consisting of a State Election Commissioner to be appointed
by the Governor.
- The State government is required to appoint a State Election Commissioner who would
be responsible for conducting elections to the Panchayati Raj institutions.
- Earlier, this task was performed by the State administration which was under the control
of the State government.
- Now, the office of the State Election Commissioner is autonomous like the Election
Commissioner of India.
- However, the State Election Commissioner is an independent officer and is not linked to
nor is this officer under the control of the Election Commission of India.
11. SOURCE OF INCOME
- Funds for implementation of centrally sponsored schemes
- Funds released by the state governments on the recommendations of the State Finance
Commissions
- Local body grants, as recommended by the Central Finance Commission
- 243H. Powers to impose taxes by, and Funds of, the Panchayats –
O The Legislature of a State may, by law,—
O (a) authorise a Panchayat to levy, collect and appropriate such taxes, duties, tolls and
fees in accordance with such procedure and subject to such limits;
O (b) assign to a Panchayat such taxes, duties, tolls and fees levied and collected by the
State Government for such purposes and subject to such conditions and limits;
O (c) provide for making such grants-in-aid to the Panchayats from the Consolidated
Fund of the State; and

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 O (d) provide for constitution of such Funds for crediting all moneys received,
respectively, by or on behalf of the Panchayats and also for the withdrawal of such
moneys therefrom, as may be specified in the law.
12. CONCLUSION

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 MUNICIPALITIES (URBAN LOCAL BODIES)
1. INTRODUCTION
- In our towns and cities, we have local government institutions that are called
Municipalities and Municipal Corporations. An urban area is usually a compact and
densely populated area. Municipal administration is necessary to provide basic civic
facilities like water supply, drainage, garbage disposal, public health, primary education,
construction and maintenance of roads and sanitation
2. TIERS OF MUNICIPALITIES [Article 243Q]
2.1. Nagar Panchayat for a transitional area between a rural and urban area.
2.2. Municipal Council for a small urban area.
2.3. Municipal Corporation for a large urban area.
3. DEFINITION
3.1. Committee [Article 243P (a)]
- “Committee” means a Committee constituted under article 243S;
3.2. Municipality [Article 243P (e)]
- “Municipality” means an institution of self-government constituted under article
243Q;
3.3. Panchayat [Article 243P (f)]
- “Panchayat” means a Panchayat constituted under article 243B;
4. TERMS [ARTICLE 243U]
- 5 years. And if a Municipality is dissolved earlier, elections are held within six months.
5. QUALIFICATIONS [ARTICLE 243V]
5.1. Age of atleast 21 years
5.2. Eligible to be the member of state Legislature
6. POWERS & RESPONSIBILITIES [ARTICLE 243W, 12TH SCHEDULE]
6.1. Powers – As the state govt. from time to time specify
6.2. Responsibilities - 12th Schedule
1. Urban planning including town planning.
2. Regulation of land-use and construction of buildings.
3. Planning for economic and social development.
4. Roads and bridges.
5. Water supply for domestic, industrial and commercial purposes.
6. Public health, sanitation conservancy and solid waste management.
7. Fire services.
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 8. Urban forestry, protection of the environment and promotion of ecological aspects.
9. Safeguarding the interests of weaker sections of society, including the handicapped
and mentally retarded.
10. Slum improvement and upgradation.
11. Urban poverty alleviation.
12. Provision of urban amenities and facilities such as parks, gardens, playgrounds.
13. Promotion of cultural, educational and aesthetic aspects.
14. Burials and burial grounds; cremations, cremation grounds; and electric
crematoriums.
15. Cattle pounds; prevention of cruelty to animals.
16. Vital statistics including registration of births and deaths.
17. Public amenities including street lighting, parking lots, bus stops and public
conveniences.
18. Regulation of slaughter houses and tanneries.
7. SOURCE OF INCOME
- 243X. Powers to impose taxes by, and Funds of, the Municipalties–
- Funds for implementation of centrally sponsored schemes
- Funds released by the state governments on the recommendations of the State Finance
Commissions
- Local body grants, as recommended by the Central Finance Commission
8. RESERVATION [ARTICLE 243T]
8.1. For ST/SC – in proportion to their ration of population among which 1/3rd reserved
for ST/SC women.
8.2. For women – 1/3rd of the total seats, including the above stated reservation of
women.
9. STATE FINANCE COMMISSION [Article 243Y] – similar to article 243I
10. ELECTIONS TO THE MUNICIPALITIES [ARTICLE 243ZA]
- As per provisions made in Article 243ZA, the superintendence, direction and control of
the preparation of electoral rolls for, and the conduct of, all elections to the
Municipalities are vested in the State Election Commission referred to in article 243K.
- Subject to the provisions of this Constitution, the Legislature of a State may, by law,
make provision with respect to all matters relating to, or in connection with, elections to
the Municipalities.
11. WARDS COMMITTEES [ARTICLE 243S]
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- Ward committees are the link between the Municipalities and the Panchayats.
- Article 243S of the Constitution make the provisions for constitution and composition of
Wards Committees, etc. consisting of one or more wards, within the territorial area of a
Municipality having a population of three lakhs or more.
- A member of a Municipality representing a ward within the territorial area of the Wards
Committee shall be a member of that Committee.
- Where a Wards Committee consists of two or more wards, one of the members
representing such wards in the Municipality elected by the members of the Wards
Committee shall be the Chairperson of that Committee.
12. CONCLUSION

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 DPSP & FUNDAMENTAL RIGHTS
1. INTRODUCTION
2. EVOLUTION OF THE PRESENT RELATIONSHIP OF DPSP & FR
- The relationship between DPSP & FR is changed from time to time as defined below:-
2.1. Fundamental Rights are superior to Directive Principles – State of Madras vs.
Champakam Dorrairajan, AIR 1951, SC 226
2.2. The nature and scope of Fundamental Rights can be determined by Directive
Principles as reasonable restrictions – Bombay vs. Balsara, AIR 1951, SC 318.
2.3. Both are complimentary & supplementary to each other - Chandra Bahvan
Boarding v. The State of Mysore, AIR 1970, SC 2042
2.4. DPSP of Article 39(b) & 39(c) are superior to FR of Article 14 & 19 –
Communist ideology was adopted through 25th Amendment Act, 1971 which
inserted Article 31C ensuring that certain laws meant to implement Directives in
clauses 39 (b) and 39 (c) will prevail even if these laws violate the rights granted in
Article 14 and 19
2.5. DPSPs are not superior to FRs, there shall be a harmonious construction – His
Holiness Kesavananda Bharati Sripadagalvaru and Ors. vs. State of Kerala and Anr.
AIR 1973 SC 1461
2.6. All DPSPs are superior to FR – Govt. was made free to make laws for DPSP while
violating the Fundamental Rights (FR) by increasing the scope of Article 31C
through 42nd Amendment Act, 1976.
2.7. Only Article 39 (b) and Article 39 (c) can be given precedence over Article 14 &
19 and not all the Directive Principles (current status) – Minerva vs. Union of
India, AIR 1980, 1789
3. DIFFERENCE BETWEEN BOTH
S.N. FUNDAMENTAL RIGHTS DIRECTIVE PRINCIPLES
These are negative as they prohibit the These are positive as they requires the
1.
state from doing certain things. state to do certain things
These are justifiable, that is they are These are non justifiable i.e. they are
2. legally enforceable by the courts in the not enforceable by the courts for their
case of their violation. violation.
They aim at establishing political They aim at establishing social and
3.
democracy in the country. economic democracy in the country.

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 These have legal sanctions These have legal and political
4.
sanctions.
They promote the welfare of the They promote the welfare of the
5. individual. Hence they are personal and community. Hence they are societarian
individualistic. and socialistic.
They do not require any legislation for They require legislation for their
6. their implementation. They are implementation. They are not
automatically enforced. automatically enforced.
The courts are bound to declare a law The court can not declare a law
violative of any of the fundamental violative of any of the directive
rights as unconstitutional and invalid. principles as unconstitutional and
7.
invalid. However, they can uphold the
validity of a law on the ground that it
was enacted to give effect to adirective.
4. PROVISION OF LSG IN DPSP [ART. 40]
- The state shall take steps to organize village panchayats and endow them with such
powers and authority as may be necessary to enable them to function as units of self-
government.
5. CONCLUSION

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 SEPERA
ATION & DISTRIBUTION OF POWERS
1. INTRODUCTION
2. DISTRIBUTION OF PO
OWERS
2.1. Among Union and S
State – Schedule 7 divides the powers into union
u list, state list
and concurrent list.
2.2. Among Municipalitiies & Panchayats – Article 243G & schedulee 11 defines powers
of Panchayats & Articcle 243W & schedule 12 defines powers of Municipalities thus
distributing the powerrs among.
3. SEPARATION OF JUDICI
JUDICIARY FROM PANCHAYATS AND MUNICIPALITIES
- Sec. 243O for Panchayats & sec. 243ZG Municipalities.
(a) the validity of any law relating to the delimitati
delimitation
on of constituencies or the allotment of
seats to such constituencies, made or purporting to be made under article 243K, shall not be
called in question in any court;
(b) no election to any Panchayat shall be called in question except by an election petit
petition
presented to such authority and in such manner as is provided for by or under any law made
by the Legislature of a State.
4. ADMINISTRATIVE ST
TRUCTURE OF LSG

5. CONCLUSION

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