The Chhattisgarh Cabinet has recently approved modifications to the State Panchayati Raj Act, 1993, rendering it compulsory for a person with disabilities to participate in all state panchayats. This means that if differently-abled individuals are not voted into office through normal election procedures, then a member, whether male or female, will be nominated by the government. The Cabinet has also opted to do away with educational qualifications as a prerequisite for Panchayat members.
Chhattisgarh’s Unique Stance on Inclusion
With this new amendment, Chhattisgarh becomes the sole Indian state to have Persons with Disabilities (PwD) serving as members in all its panchayats. It is vital to highlight that no such reservation exists for the disabled community in elections at the central or state legislative assemblies, or even in other general panchayat elections. Further, the state government now has the authority to nominate two additional members, from either gender, to the district-level Janpad and Zilla Panchayats.
New Membership Criteria: Literacy Over Formal Education
Previously, potential candidates were required to meet certain educational standards—Class V for the Panch and Class VII for positions above the Panch. However, in a transformative move, the Cabinet decided to remove these restrictions, requiring only literacy to stand for election. This move contradicts the Supreme Court’s judgement in 2015 (Rajbala v. the State of Haryana) which supported Haryana government’s decision to enforce ‘minimum’ educational qualifications as eligibility to contest panchayat elections in the state.
Legal Provisions Concerning Persons with Disabilities
Article 41 of the Directive Principles of State Policy (DPSP) stipulates that the state must ensure effective provisions for securing the right to work, education, and public assistance in cases of unemployment, old age, sickness, and disability. The category ‘relief of the disabled and unemployable’ also falls under the State List in the Seventh Schedule of the constitution. The Right of Persons with Disabilities Act 2016 prescribes a reservation of 4% in government jobs and 5% in higher education institutions for PwDs.
| Legal Provision | Description |
|---|---|
| Article 41 (DPSP) | Effective provision for securing right to work, to education and to public assistance |
| State List (Seventh Schedule) | ‘Relief of the disabled and unemployable’ specified |
| Right of Persons with Disabilities Act 2016 | 4% reservation in government jobs, 5% in higher education institutions |
The Panchayati Raj Institution in India
Panchayati Raj in India refers to a system of rural local self-governance. It was constitutionalized through the 73rd Constitutional Amendment Act of 1992. The idea behind it was to establish democracy at the grassroots level in all states. Part IX of the Indian Constitution, titled ‘The Panchayats’, covers the provisions from Articles 243 to 243 O and enumerates 29 functional items of the panchayats in its Eleventh Schedule.
Structure and Election Process
The Panchayati Raj includes a three-tier system – Gram Panchayat at the village level, Janpad Panchayat at intermediate/block level and Zilla Panchayat at the district level. Members at every level are elected directly by the people, with a term of office lasting five years. The state election commission oversees these elections. Seats in these panchayats are reserved for Scheduled Castes (SCs), Scheduled Tribes (STs), and women across all levels. The provision of reserving seats for backward classes, however, remains a voluntary one.
