Book No.006 (Indian Polity)

Book Name Introduction to the Indian Constitution (D.D. Basu)

What’s Inside the Chapter? (After Subscription)

1. Early Development of Village Panchayats

2. Provisions under the Government of India Act, 1935

3. Directive Principle in the Constitution of 1949

4. Rajiv Gandhi’s Initiative and the 73rd & 74th Amendments

5. The 97th Constitutional Amendment Act, 2011

6. Restrictions Imposed on State Legislatures

7. Federal Concerns and Judicial Scrutiny

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The New System of Panchayats, Municipalities, and Co-Operative Societies

Chapter – 17

Early Development of Village Panchayats

The village Panchayat functioned as a unit of local administration since the early British period, though always under Government control.

  • When Indian leaders pressed for local autonomy at the national level, the British Government attempted to concede this demand at the lowest stage by empowering:

    • Panchayats in rural areas

    • Municipalities in urban areas

  • These were constituted under different enactments, such as:

    • Bengal Local Self-Government Act, 1885

    • Bengal Village Self-Government Act, 1919

    • Bengal Municipal Act, 1884

Provisions under the Government of India Act, 1935

The Government of India Act, 1935 specifically gave the power to Provincial Legislatures under Entry 12 of the Provincial Legislative List to enact legislation relating to local self-government.

  • Using this power, many States enacted new laws vesting powers of administration, including criminal justice, in the hands of Panchayats.

Directive Principle in the Constitution of 1949

Despite such legislation, the Constitution-makers were not satisfied with the working of these local bodies. Therefore, they incorporated a Directive Principle under Article 40 of the Constitution:

“The State shall take steps to organise village Panchayats and endow them with such powers and authority as may be necessary to enable them to function as units of self-government.”

However, despite this Directive, little attention was paid to conducting regular elections in Panchayats as democratic institutions.

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