indian polity book series 33

Sarpanch:

• The Sarpanch presides over the Gram Sabha. If the Sarpanch is unavailable, the Upasarpanch presides.
• If the Gram Sabha meeting is not held twice, the Sarpanch loses his/her post.
• The Sarpanch should hold a Gram Panchayat meeting once a month. Meetings can be held as many times as needed.
• The head of the Gram Panchayat is called the Sarpanch or President.
• The Sarpanch is directly elected by the voters without party affiliation.
• The Sarpanch's term is 5 years.
• The minimum age to contest for the post of Sarpanch is 21 years.
• There is no provision to introduce a no-confidence motion against the Sarpanch.
• However, the District Collector can remove a Sarpanch who is involved in misuse of power and corruption.
• In case of resignation, the Sarpanch can resign from the post by giving notice to the Gram Panchayat.
• If it is not possible to hold a Gram Panchayat meeting, the resignation letter can be submitted to the District Panchayat Officer.

Sarpanch's Duties:

• Presides over Panchayat and Gram Sabha meetings.
• The Sarpanch conducts the election of the Upasarpanch.
• If the post of Upasarpanch falls vacant, a by-election is arranged within 30 days.
• Can inspect the records related to the Gram Panchayat.
• Has supervisory power over the staff of the Gram Panchayat.
• Acts as the chairman of the food committee, education committee, and sanitation committee of the Gram Panchayat.

• In Andhra Pradesh, the Upa-Sarpanch of a Gram Panchayat is elected by the following: (3)
• (AP Constables-2019)
  1. Gram Panchayat Voters
  2. Gram Panchayat Sarpanch
  3. Gram Panchayat Sarpanch and Ward Members
  4. Gram Panchayat Ward Members

Upasarpanch (Vice President):

• The Upasarpanch is elected by the Gram Panchayat ward members and the Sarpanch.
• The term of office of the Upasarpanch is 5 years.
• The election of the Upasarpanch is conducted by the District Panchayat Officer or an officer appointed by him.

• To be elected as Upasarpanch, one must be a ward member.
• The Upasarpanch can be removed by the ward members through a no-confidence motion.
• In Andhra Pradesh, a no-confidence motion can be introduced only after 4 years from the election of the Upasarpanch.
• According to the Telangana Panchayati Raj Act 2018, no-confidence against the Upasarpanch is allowed only after 2 years.
• If the Upasarpanch wants to resign, he/she submits his/her resignation letter to the Mandal Parishad Development Officer.

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• In the absence of the Sarpanch, the Upasarpanch presides over the Gram Panchayat.

Gram Panchayat Members (Ward Members)

• Based on the village population, there are 5 to 21 members in a Gram Panchayat (in Andhra Pradesh and Telangana).
• Elections are held by dividing the village into wards.
• Those who are 21 years old and have the right to vote in the Gram Panchayat are eligible to contest.
• Reservations are provided for Scheduled Castes, Scheduled Tribes, Backward Classes, and women.
• Their term of office is 5 years.

Panchayat Secretary:

• An executive officer is there to carry out administrative functions for the Gram Panchayat. He is called the Panchayat Secretary.
• The Panchayat Secretary is appointed by the state government.
• The Panchayat Secretary acts as a liaison between the Gram Panchayat and the government.

Duties of Panchayat Secretary:

• The Panchayat Secretary acts as the administrative officer of the Gram Panchayat.
• Prepares the agenda for Panchayat meetings in consultation with the Sarpanch.
• Prepares the annual budget of the Panchayat and submits it to the members for approval.
• Takes action to implement the resolutions of the Gram Panchayat meetings.
• Has control over the staff, assets and schemes of the Gram Panchayat.
• The Gram Sachivalayam system in Andhra Pradesh was launched on October 2, 2019 by Andhra Pradesh Chief Minister Y.S. Jagan Mohan Reddy. It came into full effect from January 26, 2020.

Mandal Praja Parishad:

• In 1986, the Panchayat Samiti system was abolished and Mandal Parishads were introduced in their place.
• MPTC stands for Mandal Parishad Territorial Constituency Member.
• Areas with a population of around 3 to 4 thousand are designated as one MPTC seat.
• A mandal is designated with a minimum of 7 M.P.T.C. seats, not exceeding 23 seats.
• The number of MPTC seats in Andhra Pradesh is 10,047.
• The MLA, MP, and Rajya Sabha member registered as a voter in the respective mandal are ex-officio members of the Mandal Parishad. They do not have the right to vote in the election of Mandal President and Vice-Mandal President.
• There is one President and one Vice-President in the Mandal Parishad.
• They are elected by MPTC members on a party basis.
• Their term is 5 years.

• The Mandal President and Vice-President can be removed through a no-confidence motion.
• 50% of the total members should sign the no-confidence motion notice and give it to the concerned Revenue Divisional Officer. If the resolution is passed with a majority of not less than two-thirds of the total members, they will be removed. Only elected members participate in this removal.
• The chief executive officer of the Mandal Parishad is the MPDO (Mandal Parishad Development Officer).
• He/She is appointed by the State Government.

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Zilla Praja Parishad:

• The Andhra Pradesh Panchayati Raj Act 1994 established a Zilla Parishad for each district.
• According to the Telangana Panchayati Raj Act 2018 - There are 32 Zilla Parishads in Telangana (Current number of districts - 33)
• The following types of members are in the Zilla Parishad.
• Ex-officio members
• MLAs of that district
• MLCs registered as voters in the district
• MPs of that district
• Rajya Sabha members registered as voters in the district
• Zilla Parishad should meet at least once every 3 months, at least four times a year.
• Currently there are 13 Zilla Parishads in Andhra Pradesh.
• The tenure of Zilla Parishad members, Chairman and Vice Chairman is 5 years.
• Each district is divided into ZPTC constituencies for administrative convenience. The number of ZPTC seats in Andhra Pradesh is 662.
• ZPTC stands for Zilla Parishad Territorial Constituency.
• Each mandal within the district is recognized as a ZPTC constituency.
• ZPTCs are directly elected by the people within the mandal.
• The elected Z.P.T.C.s elect one of them as Z.P. Chairman and another as Z.P. Deputy Chairman.
• Z.P. Chairman and Deputy Chairmen should submit their resignation to Zilla Parishad C.E.O.
• Z.P. Chairman and Deputy Chairmen can be removed by a no-confidence motion.
• 2/3rd of the total members of Z.P. should submit the no-confidence motion notice to Z.P. C.E.O.
• If a majority is obtained in favor of the resolution in the special meeting organized by Z.P.C.E.O., they will lose their posts.

Powers of Zilla Parishad:

• Prepares the district budget.
• Reviews the functioning of Mandal Parishads.
• Collects statistics related to the operation of Gram Panchayats.
• Establishes primary and upper primary schools within the district.

Zilla Parishad Chairman:

• Political head of Zilla Parishad.
• Has the power to inspect Zilla Parishad records.
• Chairman of Zilla Parishad meeting.
• Chairman of the majority standing committees of the Zilla Parishad.
• The number of Zilla Parishad Standing Committees is 7.
• Note: Two persons belonging to the minority community are appointed as co-opted members of the Zilla Parishad.

District Planning Committee (243 ZD):

• This is a constitutional body.
• Prepares plans for the integrated development of the district.
• ZP Chairman is the Chairman of the District Planning Committee.

State Election Commission:

• Constitutional provision for State Election Commission - 243 (K)
• Conducts elections to local bodies at the state level. The head of this is the State Election Commissioner.
• The Governor appoints the State Election Commissioner and other officers.
• The tenure of the State Election Commissioner is 5 years.
• The State Election Commission was established in September 1994 in united Andhra Pradesh. The first State Election Commissioner of united Andhra Pradesh - Kasi Pandyan
• ZPTC, MPTC, Sarpanch, Gram Panchayat Ward Member, Councilors, Municipality, Corporator, Municipal Chairman, Mayor elections are conducted.
• Current Andhra Pradesh State Election Commissioner - N. Ramesh Kumar
• Current Telangana State Election Commissioner - C. Parthasarathy

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State Finance Commission (243 I) :

• According to the Constitutional provision 243 (I), the State Government should constitute the State Finance Commission to review the financial position of the Panchayat institutions.
• The State Governor appoints the State Finance Commission once every 5 years.
• The Finance Commission submits its report to the State Governor.
• The Governor places it before the Legislative Assembly. The State Finance Commission recommends how and in what proportion the revenues from taxes, fees etc. should be distributed by the State Government to the local bodies.
• It will make appropriate suggestions for the strengthening and self-reliance of Panchayat institutions. It will give advice on how grants-in-aid can be given to them.
• The first State Finance Commission in united Andhra Pradesh was formed on June 24, 1994. Its Chairman was Lakshmanaswamy.
• After the bifurcation of the state in 2014, the Finance Commission was formed in 2018 under the chairmanship of Gummadi Nancharaiah.
• The Telangana State Finance Commission was constituted on December 29, 2017. Its Chairman is G. Rajesham Goud.

PESA Act, 1996:

• PESA stands for Panchayatraj Extension to Scheduled Areas.

• The committee that recommended the formulation of this Act - Dileep Singh Bhuria.
• This committee suggested that the Panchayati Raj system can be applied to the tribal areas inhabited by Scheduled Tribes without harming the tribal culture and traditions.
• Parliament enacted the PESA Act in 1996.

MPLADS:

• MPLADS stands for Member of Parliament Local Area Development Scheme.
• This scheme was introduced in 1993 during the tenure of P.V. Narasimha Rao.
• Initially, under this scheme, each M.P. A fund of one crore rupees was given.
• In 1998, the Vajpayee government increased the M.P. LADS fund from one crore to 2 crores.
• In 2011, the Manmohan Singh government increased the M.P. LADS fund from 2 crores to 5 crores.
• Currently, an amount of 5 crore rupees per year to an M.P. is allocated under the M.P. LADS scheme.

Note: The salaries of local administrators after the increase in 2015 in Andhra Pradesh and Telangana are as follows -

Post	Andhra Pradesh	Telangana
Zilla Parishad Chairman	Rs. 40,000	Rs. 1 Lakh
Zilla Parishad Member	Rs. 6,000	Rs. 10,000
Mandal Parishad President	Rs. 6,000	Rs. 10,000
Mandal Parishad Member and Sarpanch	Rs. 3,000	Rs. 5000

Main sources of income for local governments:

• Through Taxes
• Through Loans
• Through Grants
• Income from commercial activities

Telangana Panchayati Raj Act - 2018

• The new Panchayati Raj Act in Telangana State came into force from April 18, 2018.
• This Act was formulated by the Ministerial Sub-Committee headed by Jupally Krishna Rao.

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Key features of this Act –

• Sarpanch elections are conducted in a direct manner without party affiliation.
• The power to sign the Gram Panchayat checks rests with the Sarpanch and the Upasarpanch.
• MPTC is a permanent member of Gram Panchayat
• No-confidence against Upasarpanch can be introduced after 2 years
• Sarpanch ward member reservations will be in force for 10 years.
• Reservations in proportion to the SC and ST population, not less than 34% for BCs and 50% seats for women are reserved.
• No quorum is fixed for holding Gram Sabha meetings.
• Sarpanch can be impeached by the Panchayat Tribunal consisting of three members.
• Panchayats are recognized if there is a minimum population of 300.

Urban Local Governments

• Urban and city governing bodies are referred to as 'municipal bodies'.
• There is historical evidence that urban and municipal bodies have been functioning in India since ancient times.
• Indus Civilization can be said to be an urban civilization.
• During the medieval period, 'Kotwal' played a key role in the maintenance of law and order in towns and cities.
• The British established Madras as the first municipal corporation in 1687.
• The first urban development agency in the country - Delhi (1964).
• The oldest municipality in Andhra Pradesh - Bheemunipatnam (Visakhapatnam). It is the second municipality in the country.
• In 1985, during the tenure of Rajiv Gandhi, the 'Central Department of Urban Development' was established for the first time.
• Based on the suggestion of the L.M. Singhvi Committee, the 65th Constitutional Amendment Bill, which provides constitutional status to urban and municipal bodies, was introduced in the Parliament by the Rajiv Gandhi government.
• While the 65th Amendment Bill was being debated in the Lok Sabha, the House was dissolved and the Bill also lapsed.
• Constitutional status was given to urban and municipal bodies by passing the 74th Constitutional Amendment Bill during the tenure of P.V. Narasimha Rao government in 1992.

• The 74th Constitutional Amendment Act came into force from 1st June 1993.
• The 74th Constitutional Amendment was incorporated in Part 9A of the Constitution.
• Articles 243 P to 243 ZG describe urban local governments.

Article	Details
243P	Definitions
243Q	Establishment of Municipalities
243R	Structure of Municipalities
243S	Establishment of Ward Committees
243T	Seat reservations
243U	Term of office of Municipalities
243V	Disqualifications for membership
243W	Powers, responsibilities
243X	Taxes - Funds
243Y	Audit
243Z	Conduct of elections to municipalities
243ZA	Responsibility of State Election Commission
243ZB	Application to Union Territories
243ZC	Exclusion of certain areas from this section
243ZD	District Planning Committee
243ZE	Metropolitan Planning Committee
243ZF	Continuation of old laws
243ZG	Restrictions on judicial intervention in municipal elections

• Through the 74th amendment, 18 items were transferred to the urban local bodies by adding the 12th schedule.
• There are 8 types of urban local bodies in India. They are -

1. Municipal Corporations)

• Municipal corporations can be established by a special law passed by the state government.
• Municipal corporations can be established if the population is more than 4 lakhs and the income is more than one crore rupees. In Andhra Pradesh and Telangana, towns with a population of 3 lakhs are being made corporations.

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