29^th March 2016, Chennai

The historic 73^rd & 74^th Constitutional Amendments mandated elections to Panchayat Raj Institutions in all the states in the country. With this, an important phase in the process of institutional reform in the Indian Polity has begun. But the 73rd Amendment stops short of ensuring the devolution of powers to panchayat government due to Article 243 A, Article 243 G and Article 243 H PRIs are they /their dependent on state governments to legislate as they may decide by its own political requirement to devolve powers, finances and responsibilities to the panchayats.

Similar to the List-I, II and III for State List, Union List and Concurrent List there is no List IV for local government. So various state governments can opt for devolution of powers to the extent they think necessary and fit. It has not been made a mandatory obligation to devolve powers by State Governments. Devolution of 29 powers outlined in the 73^rd Amendment has not been made mandatory by way of amendment to the respective State Panchayat Acts.

Hence there is a need for a national campaign to promote decentralization by further Constitutional Amendment to make it mandatory for state governments to devolve all 29 powers, finances and responsibilities to Panchayat Government. It is also necessary to introduce an amendment to devolve separation of powers in the Constitution. This can be done by the introduction of a new list titled List IV in the Seventh Schedule which will detail powers that will be vested with Panchayat Government for different tiers.

Human Rights Advocacy and Research Foundation together with National Dalit movement for Justice, TNNGO Alliance, Human Resources Development Forum, Legal Aid to Women Trust, Social Need Education and Human Awareness organised one day consultation on Constitutional Amendments to Part IX, Schedule VII and Amendments in Tamil Nadu Panchayat Act for Strengthening Local Government on 29^th March 2016 at Chennai.

Participants Details:

Panchayat Presidents        –           12

Dalit Panchayat Presidents – 6

Women Presidents – 5

Members from NGO’s – 13 are participated in this consultation.

The Main objectives of the consultation are to:

1. Strengthen local government, specifically Panchayat Government by Amendment to Part IX of the Constitution Article 243 A (Gram Sabha), 243G (Powers, authority and responsibilities of Panchayats) and 243H (Powers to impose taxes by, and funds of, the Panchayats). Further the Constitution also requires an amendment to Article 246 (matter of law made by Parliament and by the Legislatures of States) for Inclusion of List IV (Local Government) by addition in the Seventh Schedule of the Constitution.

2. Ensure further devolution of 29 powers to the Tamil Nadu Gram Panchayat and strengthening of the District Panchayat by recommending necessary Amendments.

3. Effectively strengthen the Gram Panchayats members who have won based on reservations for Schedule Castes and Schedule Tribes and women and to bring necessary amendments in the Tamil Nadu Panchayat Act and Rules to halt any form of caste, class and gender discrimination.

4. To discuss various strategies to take forward the campaign for Constitutional Amendments and Amendments to the Tamil Nadu Panchayat Act.

In this Consultation the Following Themes are presented by the resource persons:

 Way forward: