Panchayati Raj in Bihar
- The ‘Bihar Panchayati Raj Act’ was passed in the 1947 after independence for the formation of village panchayats in Bihar.
- Under this Act, the Gram Panchayats in the state had started their work duly from the year 1949.
- In the year 1959, on the recommendations of the ‘Balwant Rai Mehta Committee’, the ‘Bihar Panchayati Raj Act’ was amended.
- This committee had given suggestions to constitute Gram Panchayat at village level, Panchayat Samiti at block level and Zilla Parishad at district level, which the state government immediately accepted and decided to implement the three-tier Panchayati Raj system.
- The Panchayat Samiti formed at the block level is only the coordinating and supervisory authority below line. In the year 1961, ‘Bihar Panchayat Samiti and Zilla Parishad Act’ was passed, which came into force from October 2, 1963, the birth anniversary of Mahatma Gandhi.
Constitutional arrangement related to Panchayati Raj
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Article 243
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Definitions
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Article 243(A)
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Gram Sabha
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Article 243(B)
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Constitution of Panchayats
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Article 243(C)
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Composition of Panchayats
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Article 243(D)
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Reservation of seats
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Article 243(E)
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Duration of Panchayats
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Article 243(F)
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Qualifications for Membership
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Article 243(G)
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Powers, authority and responsibilities of Panchayats
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Article 243(H)
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Powers of the Panchayats to impose taxes and their funds
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Article 243(1)
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Finance Commission to review the financial position
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Article 243(1)
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Audit of accounts of Panchayats
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Article 243(K)
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Election to Panchayats
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Article 243(0)
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Description of the interference of courts in electoral matters
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Bihar Panchayati Raj Act, 1993
- On April 24, 1993, in the context of the 73rd Constitutional Amendment of the Indian Constitution, the ‘Bihar Panchayati Raj Act, 1993’ was passed with the aim of making the structure of the Panchayati Raj system more effective in Bihar.
- According to the 73rd Constitution, the Panchayati Raj system in Bihar is also three-tier (Gram Panchayat, Panchayat Samiti and Zilla Parishad). Gram Panchayats have been constituted at the lowest level (village). Panchayat Samitis have been constituted the middle level of decentralized democracy. at the block level, which is at
- Zila Parishad has been constituted at the highest or third level. The Panchayati Raj Act, enacted in 1993, started functioning from 2001. Later it was replaced by the Bihar Panchayati Raj Act, 2006.
- The work of Panchayati Raj institutions in the state is coordinated by the Bihar Panchayati Raj Department.
- Under Article-243 (D) of the Constitution, reservation has been arranged for Scheduled Castes and Scheduled Tribes. This reservation will be in proportion to their population. For example, if the population of scheduled castes is 20% in the state and the number of scheduled tribes is 35%, then 20% and 35% seats will be reserved for them respectively.
- Bihar is the first state in India where women were first given 50% reservation in Panchayati Raj institutions. This system is in force since 2006.
Gram Panchayat
Gram Panchayat has been constituted for conducting administrative proceedings at the lowest level under the Panchayati Raj system, in the Gram Panchayat, the head of the executive is called Mukhiya. Also, there are eight other members in the executive. The tenure of the head is five years,
- In the Panchayat elections of 2021, under the Panchayati Raj Act 2006, the Bihar government has given the right to the person who has completed 21 years of age to contest the elections along with the Mukhiya and the other five categories of candidates.
- There are mainly six departments of Gram Panchayat in Bihar such as Gram Sabha, Executive Committee, Village Defense Team, Gram Sevak, Mukhiya, Village Court. The term of each Panchayat is generally 5 years, which is calculated from its first session. Normally the minimum age to become a Panchayat member is 21 years.
- The Gram Sabha is called the legislature of the Gram Panchayat. For whose membership every villager should be at least 18 years of age. It is mandatory for the Gram Sabha to meet twice a year. While there is a provision to call meetings 4 times a year.
- In the Gram Panchayat, there is a Gram-Kachhari (Village Court) for proceedings related to judicial works, whose head is the directly elected Sarpanch. There is a judicial friend for the advice and consultation of the Sarpanch. The village court has the minimum authority to take decisions related to criminal and civil matters.
- Presently there are 8058 Gram Panchayats in Bihar. The headman and any member of the executive comnnittee cannot become a member of the village court.
- Normally, financial assistance to Panchayats is received from the Consolidated Fund of the State, for which there is Panchayat Finance Commission as a medium.
Panchayat Samiti
Panchayat Samiti has been constituted for conducting the administration at the block level in Bihar. The members of the Panchayat Samiti include the following persons-
- One member for every 5000 population.
- The head of the village panchayats of that block.
- MLAs of assembly constituencies in each block declared.
- MPs of declared Lok Sabha constituencies. Other facts related to Panchayat Samiti (Chief).
- The teñure of the Panchayat Samiti is five years. The elected members of the Panchayat Samiti choose the Pramukh and
- Up-Pramukh (Deputy Chief) from among their members. The meeting of the Panchayat Samiti should definitely be organized at least once in two months.
- Presently the total number of Panchayat Samitis in Bihar is 534.
Functions of Panchayat Samiti
- Taking measures to prevent natural calamities at Panchayat level. To perform the functions prescribed by the Government.
- Prepare an annual plan and present it to the Zilla Parishad.
- The executive head of the Panchayat Samiti is called Pramukh. There is a deputy-chief to assist the chief. They are elected for five years only at the time of Panchayat elections.
Zila Parishad
- In the districts, there is Zila Parishad for administrative action at the highest level under Panchayati Raj. There is one Zila Parishad member for a population of about 50,000, those are called District Councilors. The term of the District Councilor is five years. The District Councilor is elected by direct voting. In Bihar, Zila Parishads meet compulsorily four times in a year.
- Presently there are 38 Zila Parishads in Bihar
- In every district in Bihar, Zila Parishad is constituted for conducting administration related activities, in which the following persons are included-
- Heads of all Panchayat Samitis.
- Members of the Notified State Legislative Council and State Legislative Assembly.
- Notified members of Lok Sabha and Rajya Sabha whose constituencies are attached to that district.
Functions of Zila Parishad
- Providing relief and protection from disaster at the district level.
- Grant financial assistance to Gram Panchayat and Panchayat Samiti.
- Implementation of programs set up by the government at the district level.
Local municipal body
- As a result of the 74th Constitutional Amendment Act passed in the year 1992, the Government of Bihar implemented the Bihar Municipal Act, 2001 for Municipal Corporation, Municipal Council and Nagar Panchayat. According to Bihar’s Municipal Amendment Act 2022, there are 19 Municipal Corporations in the state (in which the post of Mayor and Deputy Mayor in 9 Municipal Corporations is reserved for women), 88 Municipal Councils and 154 Nagar Panchayats. The Urban Development and Housing Department of the state government coordinates the functioning of the local municipal bodies at the state level.
- Under the provisions of the Act, some taxes are their main sources of revenue, such as holding tax, water tax, toilet tax, vehicle tax, trade tax, profession tax, livelihood and employment tax, registration tax of hired vehicles, fare on shops and buildings, toll and other charges etc.
- Generally the municipality is divided into wards on the basis of population.
Municipal Corporation
- Municipal Corporations have been formed to examine civic arrangements and facilities in the big cities of the state.
- The maximum number of wards for the Municipal Corporation area has been fixed at 75 and the minimum at 67, whose population should be at least above 10 lakh and less than 20 lakh.
- At present there are 19 Municipal Corporations in Bihar Bhagalpur, Darbhanga, Patna, Purnea, Gaya, Munger, Katihar, Arrah, Begusarai, Biharsharif, Muzaffarpur, Chhapra, Samastipur, Sasaram, Bettiah, Motihari, Sitamarhi, Madhubani and Saharsa.
- Municipal Corporation is a standing committee. Its head is called the mayor.
- Patna Municipal Corporation was first established in Bihar (August 15, 1952). Presently the number of wards in Patna Municipal Corporation is 75.
Municipal Council
- The second body in the order of urban administration, the Municipal council is also a permanent committee. The total number of Municipal Councils in Bihar is 88 at present. The parts of the city council are mainly the city president and the city executive officer.
Nagar Panchayat
- The third body at the last level of urban administration is the Nagar Panchayat. Presently the number of Nagar Panchayats in Bihar is 154.
- Nagar Panchayat is also a permanent committee, which is formed mainly by joining the Nagar President, Nagar Vice-President and five councilors. As its different organs, there are city presidents and city executive officers.
- For urban administration, the main work of the Municipal Corporation, Municipal Council and Nagar Panchayat is to conduct the warks directed by the Central Government and the State Government at their respective levels, to arrange lighting on the roads and to construct and maintain them. Along with this, it is also its responsibility to manage the water taps to maintain cleanliness and to provide security and protection to the traffic route.
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