[sivaharimani]

Issues relating to Schedule VI and Schedule V (article 244)areas:-
(a) In view of the existence of a large number of autonomous councils both under Schedule-VI as well as under specific state enactments in the north-eastern states how do we ensure administrative decentralization in those areas?

(b) In view of the fact that many of the areas also have institutions of the panchayati raj elected under the State Panchayati Raj Act, how to harmonise/ integrate their functioning and obtain effective decentralization as envisaged in the 73<sup>rd / 74th amendment?

(c ) Panchayati Raj (extension to Scheduled Areas) Act 1996 (PESA) extends Part IX (Panchayats) of the Constitution to Fifth Schedule Areas. It consists of 9 states (i) Andhra Pradesh, (ii) Gujarat, (iii) Maharashtra (iv) Madhya Pradesh (v) Orissa (vi) Rajasthan (vii) Himachal Pradesh (viii) Jharkhand and (ix) Chattisgarh. This Act empowers gram sabhas and panchayats through delegation of mandatory executive functions and the need to obtain compulsory consultation and recommendations in most of the activities in the area.</sup>
Jurisdiction of panchayats:
When the local self-governments were introduced in the pre-independence days, local bodies were in charge of civic functions like local roads, streetlights, drinking water supply, sanitation, controlling epidemic etc. In most countries, the civic functions remain the only function of the local governments. But, in India, since the days of Balawantray Mehta committee report (1957), the panchayats have been conceived as a development agency. Even though the Asoka Mehta committee made a significant contribution in recognizing these institutions as political institutions deserving their legitimate space in the governance of the country, it did not visualize their role beyond the sphere of development. The 73<sup>rd constitution amendment has expanded the development role further and envisaged these institutions as an essential organ of the state to achieve the goal of ‘economic development and social justice’. At the same time, the constitution also defines panchayat as ‘institution of self-government’. If so, is it necessary that it should be seen only as a development agency? Since Article 243G can be implemented in both a restricted and a liberal sense.

regards
sivaharimani</sup>