Executive Summary:
The Minister of State for Panchayati Raj addressed concerns raised about the protection of Scheduled Castes (SCs) within Panchayati Raj Institutions, referencing the L. Elayaperumal Committee report of 1969. The response clarifies the constitutional provisions in place since the 73rd Constitutional Amendment Act of 1992, which ensures the reservation of seats and chairpersons for SCs and Scheduled Tribes (STs). The Ministry of Panchayati Raj acknowledges the role of individual states in enacting and implementing relevant legislation.
Key Points / Main Content:
Constitutional Safeguards:
* Article 243D of the 73rd Constitutional Amendment Act (1992) mandates reservation of seats for SCs and STs in Panchayats, proportional to their population.
* The Act also mandates the reservation of Chairperson positions in Panchayats at each level for SCs and STs.
* Article 17 of the Constitution of India abolishes untouchability, making its practice a punishable offense.
* The Scheduled Castes and Scheduled Tribes Prevention of Atrocities Act, 1989, reinforces the protection of rights and dignity for SCs and STs.
State Government Authority:
* Panchayat is a State subject, and Article 243G empowers State legislatures to endow Panchayats with necessary powers for self-governance.
* This includes implementing schemes for economic development and social justice, particularly for the welfare of weaker sections, including SCs and STs, as per the Eleventh Schedule.
* States and Union Territories have enacted their Panchayati Raj Acts to implement the 73rd Constitutional Amendment.
* The Ministry of Panchayati Raj does not maintain specific details on provisions related to untouchability enacted under respective State Panchayati Raj Acts.
L. Elayaperumal Committee Report:
* The L. Elayaperumal Committee Report was made in 1969.
* The Ministry of Panchayati Raj was created in 2004.
Impact Analysis:
State Legislatures:
* Impact: State legislatures are responsible for enacting and amending Panchayati Raj Acts to include provisions for the welfare of SCs and STs, including measures to address untouchability.
* Action Required: Review and update Panchayati Raj Acts to ensure comprehensive protection and empowerment of SCs and STs, specifically addressing the issue of untouchability.
Panchayati Raj Institutions:
* Impact: Panchayats are responsible for implementing schemes for economic development and social justice, particularly for the welfare of SCs and STs.
* Action Required: Utilize devolved powers and responsibilities to actively promote the welfare of SCs and STs, including the elimination of untouchability, in accordance with state laws.
Ministry of Panchayati Raj:
* Impact: The Ministry is responsible for matters relating to Panchayats, Panchayati Raj Institutions, and District Planning Committees.
* Action Required: Continue to oversee and support the implementation of constitutional provisions and state legislation related to Panchayati Raj, while acknowledging the role of individual states in enacting relevant legislation.
Key Entities Referenced
L. Elayaperumal Committee 1969: A committee established in 1969 that made recommendations regarding the safeguarding of Scheduled Castes' interests within Panchayati Raj Institutions.
Scheduled Castes: A group of historically disadvantaged communities in India recognized by the Constitution.
Panchayati Raj Institutions: Local self-government institutions at the village or rural level in India.
Andhra Pradesh: A state in India, specifically mentioned for having a statutory provision mandating Panchayati Raj bodies to eliminate untouchability.
73rd Constitutional Amendment Act, 1992: An act that came into force in 1993, granting constitutional status to Panchayats and providing for reservation of seats for Scheduled Castes and Scheduled Tribes.
Article 243D: An article of the Constitution of India that provides for the reservation of seats for Scheduled Castes and Scheduled Tribes in every Panchayat.
Article 17 of the Constitution of India: An article of the Constitution of India that abolishes untouchability and forbids its practice in any form.
Scheduled Castes and Scheduled Tribes Prevention of Atrocities Act, 1989: An act that strengthens the provisions related to the protection of the rights and dignity of Scheduled Castes and Scheduled Tribes.
GOVERNMENT OF INDIA
MINISTRYOF PANCHAYATIRAJ
LOK SABHA
UNSTARREDQUESTION NO– 1595
ANSWEREDON- 29.07.2025
PROTECTION OFSCHEDULED CASTES
1595.DR. D RAVIKUMAR:
Will the Minister of PANCHAYATIRAJ be pleased to state:
(a) whether the Government is aware of the recommendations of the L. Elayaperumal
Committee (1969), which noted that Panchayati Raj Institutions in most States did not
adequately safeguard the interests of Scheduled Castes (SC) and specifically failed to
addresuntouchability, if so, the detailsthereof;
(b) whether the Government acknowledges that only Andhra Pradesh, at that time, had a
statutory provision mandating Panchayati Raj bodies to take steps to eliminate
untouchability;
(c)whether such a clause ispresent in anyotherStatetoday, if so, the detailsthereof;
(d) if not, the reasons for the absence of a binding provision in the Panchayati Raj Act to
ensure the removalof untouchability andprotectionof ScheduledCastes; and
(e)whether the Government proposes toamend the PanchayatiRaj Act toinclude specific
obligations on Panchayati Raj bodies to combat untouchability and if so, the details
thereof?
ANSWER
THE MINISTER OF STATE FORPANCHAYATIRAJ
(PROF.S.P.SINGH BAGHEL)
(a) The existing Constitutional status of "Panchayats" came into force in 1993 through 73rd
Constitutional Amendment Act, 1992. The 73rd Constitutional Amendment Act, through
Article 243D, provides for the reservation of seats for Scheduled Castes (SCs) and Scheduled
Tribes (STs) in every Panchayat in proportion to their population in the Panchayat area, and
also mandates the reservation of the offices of Chairpersons in Panchayats at each level for
SCsandSTs,insuch mannerastheStateLegislature may,bylaw,determine.
Article 17 of the Constitution of India abolishes untouchability and forbids its practice in any
form, making the enforcement of any disability arising out of untouchability a punishable
offence. Further, the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act,
1989, strengthens the provisions related to the protection of the rights anddignity of SCs and
STs.
The Ministry of Panchayati Raj has been created in the year 2004 and work relating to
1Panchayats,PanchayatiRajInstitutions andDistrict PlanningCommitteeshavebeenallocated
to this Ministry whereasthe recommendations of the L. Elayaperumal Committee were made
inthe year1969.
(b) to (e) “Panchayat”, being “Local Government”, is a State subject and part of State List
of SeventhSchedule of the Constitution of India. Article 243G of the Constitution provides
that the Legislature of a State may, by law, endow the Panchayats with such powers and
authority as may be necessary to enable them to function as institutions of self-government.
Such laws may include provisions for the devolution of powers and responsibilities upon
Panchayats at the appropriate level with respect to the implementation of schemes for
economic development and social justice, including those relating to the matters listed in the
Eleventh Schedule. Item at serial number 27 of the Eleventh Schedule refers to the "Welfare
of the weaker sections, and in particular, of the Scheduled Castes and the Scheduled Tribes."
Accordingly, the respective States and Union Territories have enacted their State Panchayati
Raj Acts to operationalize the provisions of the 73rd Constitutional Amendment. However,
this office does not maintain specific details regarding provisions related to untouchability as
enactedunderthe respectiveStatePanchayatiRajActs, includingthat ofAndhra Pradesh.
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