11th Schedule of Indian Constitution

In the Indian constitution, schedules describe tables that have additional details which the articles in the constitution have not covered. The Government of India Act, 1935 first mentioned schedules, where it included ten schedules. Later, in 1949, when the Indian constitution was adopted, it had eight schedules. After that, many amendments added four more schedules, and now there are a total of 12 schedules in the Indian constitution.

Schedules enlist government policies and bureaucratic activities in a tabular format, divided into different categories. In this article, we will be looking into subjects in 11th schedule of the Indian Constitution and also get information on some important facts around the eleventh schedule.

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Details of the 11th Schedule

In 1992, through the 73rd amendment act, the constitution of India added a new part which is the eleventh schedule. There are a total of 16 articles in this schedule and 29 subjects. The 11th schedule of the Indian constitution deals with the Panchayat Raj system and its responsibilities, powers, and authorities.

The 73rd amendment implemented article 40 of Directive Principles of Our State Policy (DPSP) which says that States shall take steps to form village panchayats and give them authority and powers to act as a unit of self-government. The Panchayats were earlier non-justifiable parts of the constitution, but this amendment upgraded them to justifiable parts by putting a constitutional obligation on States to exercise the Panchayati Raj Acts as provided in Part IX. While adopting the Panchayati Raj Systems, the States have been empowered with sufficient freedom to take into account their political-administration, geographical, and other relevant conditions.

As per the 73rd amendment act, Gram Sabha is the foundation of the Panchayat Raj System. It uses the powers entrusted to it and performs its functions as laid down by the State legislatures. The amendment has provision for a three-tier structure of the Panchayat raj system at village, intermediate, and district levels. 

• As per Article 243A, Gram Sabha has the right to exercise powers and perform duties at the village level as the legislature of State provides.

• Gram Sabha is a body that has people who are registered in the electoral rolls lying within the area of Panchayat at the village level.

• There are no elected representatives in Gram Sabha since all the members are registered with the electoral rolls. 

• Gram Sabha is the only permanent unit in the Panchayat raj system, and it is not formed for a fixed time frame.

• The Panchayat, i.e. the mukhiyas, are appointed for a period of five years from the day of the appointment. The villagers do not change.

• Elections must be held before the expiry of the terms of the Panchayat.

• In accordance with the state legislation, the Panchayat may be dissolved before its term based on specific reasons. In such an event, the elections must happen within six months of the dissolution of the Panchayat.

• By empowering Gram Sabha, the PRIs (Panchayat Raj Institutes) are also strengthened.

• Though Gram Sabha is the foundation of Panchayati raj, it is not part of its three tiers. It is the state legislature that fixes the powers of the Gram Sabha.

• Panchayats shall have administrative control on the 29 subjects contained in the 11th schedule.

• According to article 243H, the State legislatures can make laws for the provision of taxes, etc., by the panchayats.

• Before the Panchayat can levy any tax on the village, it needs clearance from the respective Gram Sabha.

• Grama Sabhas are the authority to vet and monitor drafting and implementing development plans for the upliftment of their village.

• The three-tier structure gave uniformity to the Panchayati raj system.

• States that had a population of fewer than 20 lakhs were given an option of not implementing an intermediate level.

• At the intermediate and district level, the chairpersons of Panchayats are indirectly selected from existing elected members.

• At the village level, the chairperson (referred to as Sarpanch) could either be direct or indirect as per the provisions in the State’s own Panchayati Raj Act.

• Every level of Panchayat has provision for reservation of seats for Schedule castes and Scheduled tribes. The number of seats reserved is based on the population of SCs and STs at each level of Panchayati Raj.

• One-third of the reserved seats for SCs and STs have to be filled by women candidates.

• Out of the total number of seats that are filled by direct elections, one third must be reserved for women.

• There is a pending amendment bill that wants to increase the reservation of seats for women to 50%.

• The different constituencies in Panchayat can be allotted the reserved seats in rotation.

• The State can also provide reservations for the Chairperson's offices.

• There is a provision for disqualification of members of a panchayat in article 243F. The article says that if a person is eligible to be an MLA, he is also qualified to be a Panchayat member, but the minimum age prescribed for a member of Panchayat is 21 years. The state legislature can determine other disqualification areas as per law.

Subjects That are Part of The 11th Schedule of Constitution

With its 29 subjects, the 11th schedule addresses many important topics such as rural development, powers of panchayats, roads, alleviation of poverty, provision of clean drinking water, etc. The following items are included in the 11th schedule within the purview of Panchayats:

1. Agriculture, including agricultural extensions.

2. Improving land by implementing land reforms, soil conservation, and consolidation of land.

3. Development of watershed, minor irrigation, and management of water.

4. Animal husbandry, poultry, and dairy.

5. Fisheries industry.

6. Minor forest produce.

7. Khadi, Cottage and village industries.

8. Farm and social forestry.

9. Drinking water.

10. Small scale industries including food processing industries.

11. Means of communication such as roads, bridges, culverts, waterways, ferries, and others.

12. Fuel and fodder.

13. Non-conventional sources of energy.

14. Electrification in rural areas - that includes the distribution of electricity.

15. Rural housing.

16. Adult and informal education.

17. Libraries.

18. Education, including primary and secondary education.

19. Programmes for alleviating poverty.

20. Cultural activities.

21. Family welfare.

22. Fairs and markets.

23. Provision for sanitation and health that includes primary health centres, hospitals, and dispensaries.

24. Development of women and children.

25. Vocational education and technical training.

26. Social welfare that encompasses the welfare of mentally disabled and handicapped people.

27. Public distribution system.

28. Planning welfare for the weaker section of society (specifically the scheduled castes and scheduled tribes).

29. Maintenance of community assets.

Finance Commission for The Panchayat

Every five years, the State government must appoint a finance commission for the panchayats. This finance commission’s role is to review the financial situation of the Panchayats and give recommendations on the following areas:

• How the duties, taxes, fees, tolls, etc., that the State levies are to be distributed and divided amongst the panchayats.

• How the proceeds need to be allocated between the different tiers of Panchayat.

• How the taxes, fees, tolls, etc., are to be assigned to each Panchayat.

• How the aids are granted.

The finance commission would lay out this report on the table in the State legislature. The Union Finance Commission also advises what measures need to be taken to augment the states’ consolidated funds in order to supplement Panchayats’ resources in the State.

Reasons for Adding 11th and 12th Schedule of Constitution of India

The 12th schedule was added in the same year as the 11th schedule, i.e. 1992 by the 74th amendment act. The 12th schedule outlines the responsibilities and powers of the municipality, and it has 18 items in it. This schedule had urban planning at its heart and also dealt with the construction of buildings and regulation of land rules.

The 11th and 12th schedules were added primarily because of the following reasons:

• They introduced urban local self-government and rural local self-government rules.

• They also aided in implementing the ideals of democratic decentralisation.

• Through decentralization, these schedules gave a chance to the citizens of an area to get involved in their own governance directly.