Local Government: Panchayats and Municipalities: UPSC Previous Year Questions (Polity)

Explanation

The main idea behind the Panchayati Raj Institutions (PRIs) or Local Self-Government is to promote grass root democracy and development. The main aim is to evolve a system of democratic decentralisation and people’s participation with a view to ensure rapid socio-economic progress and provide adequate justice. The phrase to emphasise here is "Best". Democratic decentralisation is the best description of Local self-government. Balwant Rai Mehta committee (on Community Development Program) in 1957 recommended the establishment of a scheme of Democratic decentralisation with 3-tiered structure of PRI.

Explanation

Statement 1 is incorrect: Part IX of the Constitution deals with the Panchayati Raj System in India. The Panchayati Raj was constitutionalized in India through the 73rd Constitutional Amendment Act of 1992. As per the act, no person shall be disqualified on the ground that he is less than 25 years of ageif he has attained the age of 21 years. Therefore the minimum age is 21. The minimum age that a person should have to contest an election is 21 years.

Statement 2 is correct: Panchayat reconstituted after premature dissolution does not enjoy the full period of five years but remains in office only for the remaining period.

Explanation

Statement 1 is incorrect: The Gram Nyayalayas Act, 2008 was enacted to establish Gram Nyayalayas at the grassroots level, ensuring access to justice at citizens’ doorsteps and preventing denial of justice due to social, economic, or other barriers. The Gram Nyayalaya shall be a mobile court and shall exercise the powers of both Criminal and Civil Courts. The Gram Nyayalaya shall follow summary procedure in criminal trial.

Statement 2 is correct: The Court shall try to settle disputes via conciliation between the parties and the court can make use of the conciliators(social workers) to be appointed for this purpose.

Explanation

Statements 1 and 3 are correct: The main idea behind the Panchayati Raj Institutions (PRIs) is to promote grass root democracy and development. The main aim is to evolve a system of democratic decentralisation and people’s participation with a view to ensure rapid socio-economic progress and provide adequate justice.

Statement 2 is incorrect: Political accountability can be achieved in any system with democratic rule and thus not the fundamental objective of PRIs.

Statement 4 is incorrect: Financial mobilisation was never the fundamental basis for the establishment of PRI.

Explanation

The Panchayat (Extension to Scheduled Areas) Act, 1996 (PESA Act) was enacted to extend the provisions of Part IX of the Constitution (related to Panchayati Raj) to the Scheduled Areas listed under Schedule V of the Constitution. Its primary objectives include:

1. To provide self-governance in tribal areas through Gram Sabhas.

2. To recognize traditional rights of tribal communities, particularly regarding community resources.

3. To free tribal people from exploitation by empowering Gram Sabhas to regulate and control resources, markets, and institutions in Scheduled Areas. The creation of autonomous regions is not an objective of the PESA Act. Autonomous regions are primarily a feature of Schedule VI of the Constitution, applicable to certain tribal areas in the northeastern states, not the Schedule V areas targeted by PESA.

Explanation

Under the Section 6(1) of Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (commonly known as the Forest Rights Act or FRA), the Gram Sabha is designated as the primary authority to initiate the process of determining the nature and extent of individual and community forest rights. Forest Rights Act, 2006:

The act recognizes and vests the forest rights and occupation in Forest land to forest Dwelling Scheduled Tribes (FDST) and Other Traditional Forest Dwellers (OTFD) who have been residing in for at least three generations prior to the 13th day of December, 2005. For the purpose of this clause, "generation" means a period comprising of twenty-five years The act further enjoins upon the Gram Sabha and rights holders the responsibilities and authority for sustainable use, conservation of biodiversity and maintenance of ecological balance of FDST and OTFD. While protecting the FDST and OTFD’s way of life and food security, it strengthens the conservation regime for the forests.

Explanation

PESA 1996. is a vital instrument in promoting participatory democracy and inclusive development in tribal areas. PESA Act, 1996: Key Features

1. Applies to Schedule V Areas: Extends Panchayati Raj provisions to tribal areas.

2. Empowers Gram Sabha (Section 4): Authority over resources, land, markets, and dispute resolution.

3. Recognizes Tribal Rights: Protects customs, traditions, and resource management.

4. Prevents Exploitation: Requires community consent for land acquisition and mining.

5. Promotes Self-Governance: Decentralizes power to tribal communities.

Statement 1 is correct: Under Section 4(m)(iii) of PESA 1996. Gram Sabha has the power to prevent alienation of land and to restore any unlawfully alienated land of a scheduled tribe.

Statement 2 is correct: The Gram Sabha, under the PESA Act, was granted wide-ranging powers, including consultation on land acquisition, ownership of minor forest produce, and the right to be consulted on leasing of minor minerals in Scheduled Areas.

Statement 3 is incorrect: As per Section 4(k) and 4(l) of the PESA Act, the Gram Sabha must be consulted before the state grants licenses for minor minerals(not all minerals) in Scheduled Areas.

Explanation

The 73rd Constitutional Amendment Act, 1992 added a new part IX to the Constitution of India. This part is entitled "The Panchayats" and contains articles 243 to 243 O.

Statement 1 is incorrect: The 74th Constitutional Amendment Act provides for a District Planning Committee to consolidate the plans prepared by Panchayats and Municipalities (Article 243ZD) not 73rd Amendment.

Statement 2 is correct: According to the 73rd Constitutional Amendment Act, the conduct of Panchayati Raj elections is vested in the state election commission(under Article 243-k) consisting of a state election commissioner appointed by the Governor of the state.

Statement 3 is correct: Under article 243-I. 73rd Amendment Act also mandates for the establishment of State Finance Commissions.

Explanation

Statement 1 is correct: Article 243 ZE of Part IX A provides for establishment of the Metropolitan Planning Committee (MPC). Formation of Metropolitan Planning Committees (MPCs)is mandated in all metropolitan areas where population is above 10 Lakh. The elected officials of the municipalities and the heads of the panchayats in the metropolitan area elects 2/3rd of the MPC members from among themselves. 1/3rd are nominated. Elected members are proportionate to the rural: urban population ratio.

Statement 2 is correct: Under Article 243-ZE, MPC prepares the draft development plans for the metropolitan area.

Statement 3 is incorrect: MPC helps in draft planning and not in implementing the Govt sponsored schemes in the metropolitan area.

Explanation

According to Article 243E of the Constitution, if a Panchayat is dissolved before its term ends, elections must be held within six months. This ensures that the democratic process is restored promptly. However, if the remainder of the term is less than six months, elections may not be necessary.