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A New Ministry of Panchayati
Raj has been created in 2004 that will be responsible for the work of
advocacy for and monitoring of the implementation of Constitution
(73rd Amendment) Act, 1992 and the Provisions of the Panchayats
(Extension to the Scheduled Areas) Act, 1996.
See: http://panchayat.nic.in
Article 40 of the constitution directs the government to
establish panchayats to serve as institutions of local
self-government. Most states began implementing this Directive
Principle along the lines of the recommendations of the government's
Balwantrai Mehta Commission report.
For details see:
http://164.100.24.208/ls/committeeR/Empowerment/8th/report.html
The government appointed Bhuria Committee in 1994, to work out
the details as to how structures similar to panchayati raj
institutions can take shape in Tribal Areas and Scheduled Areas and to
define their powers. The Committee has recommended a three-tier
structure of self-governance in the tribal areas:
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Gram Sabha - which
will exercise command over natural resources, resolve disputes and
manage institutions under it like schools and cooperatives;
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Gram Panchayat - elected body
of representatives of each Gram Sabha; and
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A block- or
taluk-level body as the next higher level. Bhuria Committee has also
recommended the powers and functions of these three levels in details.
For more details see
http://tribal.nic.in/fifthschedule.html
Though PRI have been in existence, it was found that these
institutions had not been able to acquire the status and dignity of
viable and responsive people bodies. Some of the reasons
were-prolonged supersession and insufficient representation of weaker
section–SC, ST and women, inadequate devolution of powers and lack of
financial resources. For this very reasons, Part 1X was
inserted in Constitution through 73rd Amendment in 1992. It
comprised of Article 243. However these provisions were not
automatically applied to Scheduled Area and Tribal Area.
The Seventy-third Amendment in 1992 institutionalized a
three-tiered system of panchayats at the village, block and district
levels. The amendment also stipulated that all panchayat members be
elected for five-year terms in elections supervised by state election
commissions.
As a result of changes in the constitution, the state of Bihar enacted
Bihar Panchayat Raj Act, 1993, superseding Bihar Panchayat Raj
Act, 1947. {Bihar Panchayat Raj Act 1947 was enforced in Bihar,
including its Scheduled Areas. It was amended in 1987 whereby
reservation of panchayat (seats of chairman) was introduced.}. It was
made applicable only in non-scheduled areas.
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