Panchayats and Rural Sanitation

Rural sanitation is constitutionally recognised as a function that may be devolved to Panchayats, the institutions of rural local self-government. The principal basis is Article 243G, read with the Eleventh Schedule, while the actual assignment of responsibilities is made through state legislation.

Constitutional framework

The 73rd Constitutional Amendment Act, 1992 inserted Part IX and the Eleventh Schedule to establish the constitutional framework for Panchayats.

• Under Article 243G, a state legislature may endow Panchayats with powers necessary to function as institutions of self-government.
• Such powers may cover planning for economic development and social justice, and implementing schemes relating to subjects in the Eleventh Schedule.
• Entry 23 of the Eleventh Schedule covers health and sanitation, including hospitals, primary health centres and dispensaries.

Role of state legislation

Article 243G is an enabling provision rather than an automatic transfer of every listed function. Each state determines through its Panchayat laws which sanitation responsibilities are assigned to the village, intermediate and district levels.

• Article 246, read with State List Entries 5 and 6, gives states legislative competence over local government, public health and sanitation.
• Consequently, the extent and institutional pattern of sanitation devolution may vary among states.

Financial support for the function

Functional assignment is supported by the fiscal provisions of Part IX, although these provisions do not themselves guarantee adequate resources.

• Under Article 243H, state legislatures may authorise Panchayats to levy specified taxes and may provide for assigned revenues, grants-in-aid and Panchayat funds.
• Under Article 243I, the State Finance Commission reviews Panchayat finances and recommends principles governing revenue sharing and grants.