Article 40 of the Indian Constitution finds its place among the Directive Principles of State Policy (DPSP) in Part IV. It embodies the Gandhian ideal of Gram Swaraj (village self-rule) and serves as a directive to the State to promote decentralized governance at the grassroots level.
Though initially non-justiciable, this article laid the foundational principle that inspired subsequent legislative action to strengthen Panchayati Raj Institutions in India. Its inclusion reflected the aspirations of the framers for a truly democratic republic where power is decentralized and local communities are empowered.
Original Text
40. Organisation of village panchayats.
The State shall take steps to organise village panchayats and endow them with such powers and authority as may be necessary to enable them to function as units of self-government.
Detailed Explanation
Article 40 is a specific directive under the Directive Principles of State Policy contained in Part IV of the Constitution. It mandates the ‘State’ (as defined in Article 12, encompassing the Government and Parliament of India, the Government and the Legislature of each of the States, and all local or other authorities within the territory of India or under the control of the Government of India) to take active steps towards organizing village panchayats.
The article further specifies the purpose of organizing these panchayats: to enable them to function as ‘units of self-government’. This implies that village panchayats should be vested with adequate powers and authority to manage their local affairs autonomously, thereby promoting democratic decentralization and popular participation in governance at the lowest level. The term “units of self-government” signifies that these bodies should have the necessary autonomy and resources to carry out functions related to local administration, planning, and development.
While DPSPs are not directly enforceable by courts, Article 40 represented a constitutional recognition of the importance of village-level self-governance. It served as a guiding principle for governments over the years, eventually leading to significant constitutional amendments to realize its objectives.
Detailed Notes
- Nature: Directive Principle of State Policy (DPSP) under Part IV of the Constitution.
- Mandate: Directs the ‘State’ (Union and State Governments, local authorities) to take action.
- Action Directed: To organize village panchayats.
- Purpose: To enable them to function as units of self-government.
- Mechanism: Requires endowing them with necessary powers and authority.
- Ideal: Reflects the Gandhian principle of Gram Swaraj (village self-rule).
- Significance (Pre-73rd Amendment): Served as a moral obligation and guiding principle for the State. Led to various state-level legislations on Panchayati Raj but lacked uniformity and constitutional status.
- Significance (Post-73rd Amendment, 1992): The spirit of Article 40 was significantly advanced and made justiciable through the 73rd Constitutional Amendment Act, 1992, which added Part IX (‘The Panchayats’) to the Constitution.
- Transformation: The 73rd Amendment provided constitutional status, structure, powers, and functions to Panchayati Raj Institutions, making the organization of panchayats a mandatory requirement, thereby giving teeth to the principle enshrined in Article 40.
- Role in Decentralization: Fundamental to the concept of democratic decentralization and empowering local communities.
- Focus: Explicitly mentions ‘village panchayats’, focusing on rural local self-government.
Additional Comments
- As a DPSP, Article 40 was non-justiciable, meaning courts could not compel the government to organize village panchayats before the 73rd Amendment.
- The Constituent Assembly debated the inclusion of village panchayats; some members, like B.R. Ambedkar, were initially skeptical about the efficacy of traditional village structures but eventually, it was included as a DPSP.
- The Balwant Rai Mehta Committee (1957) recommended a three-tier Panchayati Raj system, giving impetus to the implementation of the idea behind Article 40.
- The 73rd Amendment Act transformed the constitutional status of rural local self-government bodies, effectively translating the directive of Article 40 into a constitutional obligation with specific provisions regarding their composition, duration, reservation of seats, powers, and finances.
Summary
Article 40 is a Directive Principle of State Policy instructing the State to organize village panchayats and grant them powers and authority to function as units of self-government. This article embodies the ideal of Gram Swaraj, promoting democratic decentralization and local autonomy. While initially non-justiciable, its principle was concretized and given constitutional backing by the 73rd Constitutional Amendment Act, 1992, which established a mandatory framework for Panchayati Raj Institutions across India. It serves as a foundational article for local self-governance in rural areas.