Panchayati Raj Institutions in India: Law, Policy and Practice (2010 Ed.)

BOOK: Panchayati Raj Institutions in India: Law, Policy and Practice (2010 Ed.)
By Mushtaq Ahmad 
Pages: 523

Published by:  Dilpreet Publishing House - New Delhi

ISBN: 978-81-86762-43-1

Web Link (published Thesis in the form of book):  

http://hdl.handle.net/10603/140866net/10603/140866

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ABOUT THE BOOK

The book is immensely useful to the Panchayati Raj functionaries (officials and representatives), teachers, scholars and and members of legal profession. It is equally useful to the students of Law, Political Science, Public Administration and Rural Development. First empirical work on the role of Panchayati  Raj Institutions in the amelioration of the socio-economic conditions of the economically weaker sections of the society. The book presents an exhaustive commentary on the Constitution 73^rd Amendment ,  socio-historical and Constitutional perspective of  Panchayats in India , judicial response to democratic decentralization, socio-economic justice through Panchayati Raj Institutions, institutional framework of Panchayats, NREGA and other poverty alleviation programmes, J&K Panchayati Raj Act(1989), J&K Panchayati Raj Rules(1996), and other relevant laws. The provisions of all the Central and State legislations have been discussed with  deep and intensive analysis in the light of cases decided by the Supreme Court and High Courts. All the Central and J& K State legislations with latest amendments are also appended to this book. The book presents an integrated view of the Panchayati Raj legislations in India.

PREFACE

The Constitution of India envisaged organisation of Village Panchayats with such powers and authority as may be necessary to enable them to function as units of self-government (Art. 40). Consequently, most of the States enacted  the Panchayati Raj Acts and Panchayati Raj institutions (PRIs) were constituted but they could not live upto the expectations. The interest in and support for Panchayati Raj, however, did not last long due to various reasons. Keeping in view the past experiences, it became imperative to provide constitutional status to local self-government to impart continuity, certainty and strength. Thus, the Constitution 73rd (Amendment) Act, 1992 came into effect which envisages states to establish a three-tier system of strong, viable and responsive Panchayats as effective instruments of socio-economic transformation .

Traditionally, as in the rest of the country Panchayats existed in Jammu and Kashmir. Statutory recognition to Panchayats as an institution of local  self-government dates back to the 1930’s when the Maharaja’s Government promulgated the Jammu and Kashmir Panchayati Regulation Act in 1935. Since the basic idea behind the institution of Panchayats was to maintain a sort of vigilance over village affairs on behalf of Maharaja’s Government, these grassroot level institutions were highly misused by the government to harass and exploit the villagers and the ignorant people in rural Kashmir. However, in post-independence era, ‘land to tiller’ provided a sound base for the Panchayati Raj system to play an effective role in re-shaping rural economy. Various Acts were passed by the State Legislature from time to time. But the manner of implementation made them open to manipulations by vested interests and the story remained the same. The initial enthusiasm did not last long. Various steps were taken to carry on the ideals of democratic decentralization and consequently, the J&K Panchayati Raj Act, 1989, appeared on the socio-political scenario, raising new hopes for the participation of people in the economic and democratic process at the grassroot level. Jammu and Kashmir is one of the sates of the country where illustrative list of powers, functions and responsibilities has been assigned to Panchayati Raj institutions (PRIs). Statutory provision of a three-tier system looked impressive but experience shows that impact of policies and programmes depend upon the capacity of the institution responsible for planning and implementing them.

The present book examines critically the socio-legal aspects of Panchayati Raj legislations in India and assesses the functioning of PRIs in Jammu and Kashmir. The point of view is that of a student of Law, although there are implications for other social science students and practitioners.

Chapter I deals with the introduction. It presents the need for the study, problem for investigation, objectives, hypotheses, brief profile of study area and methodology adopted. Chapter II deals with the genesis of Panchayati Raj system in India. This Chapter depicts the historical growth of Panchayati Raj in India from its inception to the present day and the reasons which prompted the Parliament to provide Constitutional status to Panchayati Raj Institutions by enacting Constitution 73rd (Amendment) Act, 1992. Chapter III is devoted to trace the historical growth of Panchayati Raj system in Jammu and Kashmir and analyse the various legislations passed from time to time. Chapter IV deals with the policy perspective of Panchayati Raj during the British period and the Constitutional policy of post-independence period. Chapter V deals with the role of judiciary in interpreting the constitutional provisions and their impact on local self-government. Chapter VI presents a critical analysis of institutional framework of Panchayati Raj as envisaged under the Jammu and Kashmir Panchayati Raj Act, 1989. Special attention has been focused on various provisions of the Act dealing with the powers and functions; financial resources; Panchayat elections; Panchayati Adalats; representation to women and the role of PRIs in rural development. Chapter VII comprises the findings based on extensive field work, examines the functioning/working of PRIs in Jammu and Kashmir. This Chapter has been divided into two parts—Part I presents the peoples’ perception, Part II presents the officials’ perception of the working of PRIs. Chapter VIII deals with observations, suggestions and conclusion. It presents a brief and precise theme of discussions made in the preceding chapters. In the last part of the book various Constitutional Amendments, Central Acts and State Acts of J&K  relating to Panchayats are also enclosed as appendices.

I take this opportunity to express my deep sense of gratitude to all my teachers, colleagues and friends for their continuing guidance and encouragement for the compilation of this book. I respectfully invite suggestions for removal of errors, if any, and for improvement of the book from all who may have an opportunity to go through it .

Mushtaq Ahmad

(LL. M, NET, Ph. D)

Professor (Law)

Directorate of Distance Education

University of Kashmir