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Grassroots Governance in BiharFrom the Mukhiya to the Mobile

How rural local governments have worked since 1991, Bihar’s long road to panchayat elections, the gaps in funds, functions and functionaries — and how far e-governance has reached the state.

Scale8,969PRIs in Bihar

With 1,35,725 elected representatives.

Revival2001Panchayat polls return

The first since 1978.

Reservation50%Seats for women

Bihar was the first state to do it.

Gaps79%Zila Parishad posts vacant

Too few functionaries.

Funds5%Own revenue (rural)

Economic Survey 2017-18.

Digital8 awardsFor e-governance

Including a 2009 gold for ‘Jankari’.

Rural local government since 1991

From a Bill in 1991 to Panchayats in Every Village

In 1991 the government introduced a constitutional amendment bill in the Lok Sabha. It became the 73rd Constitutional Amendment Act, 1992, and came into force on 24 April 1993. The Act gives constitutional status to Panchayati Raj institutions and gives practical shape to Article 40 of the Constitution.

A Gram Sabha meeting in a village courtyard with villagers seated on mats and a register open on a small table

The Gram Sabha

The Act organises Gram Sabhas (villages) of all adult members registered as voters. Gram Sabhas are envisaged as the foundation of the Panchayati Raj system.

In the Panchayati Raj system, the Gram Sabha is the only permanent unit; panchayat members and chairpersons have a term of only five years.
Empowering the Gram Sabha means strengthening the Panchayati Raj Institutions (PRIs). The success or failure of the system depends on the strength of the Gram Sabha.
The Gram Sabha may exercise such powers and perform such functions at village level as the state legislature may by law provide.

Three tiers

Local government is a three-tier system of panchayats at village, intermediate (block / taluk / mandal) and district levels, except in states with a population below 20 lakh (Article 243B). Seats at all levels are filled by direct election (Article 243C(2)).

29 subjects and the power to tax

The Eleventh Schedule, created by the 73rd Amendment, lists 29 subjects on which panchayats shall have administrative control. The Act empowers the state legislature to provide by law for panchayats to impose taxes, etc.

Before imposing any levy or tax in the village, panchayats would obviously need clearance from the Gram Sabha.
Drafting and implementing development plans for village uplift would be vetted and monitored by the Gram Sabhas.

Devolution: a design weakness?

The Constitution mandates that panchayats be elected every five years, and enjoins states to devolve functions and responsibilities to them through law.

This is regarded as a design weakness, but on closer look it is not one. Given diverse habitation patterns and political and social histories, it makes sense to leave it to the states to assign functions to local governments.
A study for the Fourteenth Finance Commission by the Centre for Policy Research shows that all states have formally devolved five core functions to gram panchayats: water supply, sanitation, roads and communication, streetlights, and management of community assets.

Water supply Sanitation Roads & communication Streetlights Community assets

Functioning in Bihar

Bihar’s Panchayat Story: From the Mukhiya to 2001 and Beyond

Before the 73rd Amendment, Bihar had well-organised and efficiently functioning Panchayati Raj Institutions. The Mukhiya (chairman) of the Gram Panchayat — the lowest unit of PRIs at village level — was the kingpin at the grassroots.

A village Mukhiya listening to villagers under a neem tree in rural Bihar, with a whitewashed panchayat bhawan behind

Though most Mukhiyas generally represented the feudal elements of the village, their apparently benevolent gestures and prompt response to the needs of affected people made the institution of Mukhiya very popular among rural people.

1978

The previous election to PRIs in Bihar was held in 1978; after that the PRIs had no popular mandate.

The long road back to elections

After 1993

No elections

After the 73rd Amendment Act came into force, elections to PRIs could not be held.

1993

Bihar Panchayat Raj Act

After the 73rd Amendment, Bihar enacted the Bihar Panchayat Raj Act, 1993, providing reservation for Scheduled Castes, Scheduled Tribes, women and backward classes.

Patna HC

Reservation provisions quashed

The Patna High Court quashed certain reservation provisions of the Act. The net result:

Seats can be reserved for SCs, STs and women, but chairpersons’ offices cannot be reserved, as they are to be treated as single posts.

Reservation for backward classes was quashed, with a direction to revise the list of backward classes.

Supreme Court

Special Leave Petition

The state filed a Special Leave Petition. The Supreme Court passed an interim order observing that the matter should be placed before an appropriate Constitution Bench.

The state concluded that the Apex Court had stayed the panchayat elections, and postponed the proposal to hold them.

Patna HC (PIL)

“An insult to the Constitution”

Hearing another PIL, the High Court found the state could not produce any stay order from the Supreme Court, and said the Supreme Court’s order had been misinterpreted.

“…not to hold election (of Gram Panchayats) would be a clear abnormality and against the mandate of the Constitution… Local government without elected representatives is an insult to the Constitution of India.”

Supreme Court

No bar on elections

The state again approached the Supreme Court for clarification of its order. The Court held: “there is no bar for holding elections to different Panchayats in accordance with law, as it stands today”.

Oct 2000 → Apr 2001

Elections at last

The process of election to PRIs began in October 2000, and the first actual election was held in April 2001.

Elections every five years

20012006201120162021*

Since then local elections have been held regularly every five years — in 2006, 2011 and 2016. The next election is scheduled in 2021. The increasing voter turnout is a good sign.

2011 turnout62%

2016 turnout65%

* “Next election is scheduled in 2021”, as stated in the source.

8,969PRIs

1,35,725Elected representatives

There are 8,969 PRIs in the state, with 1,35,725 elected representatives.

Bihar is the first state to give 50% reservation to women (in 2005) in Panchayati Raj institutions — many states followed, and the Centre is also thinking about it.
It has also provided 20% reservation to EBCs in the three-tier PRI bodies.

Organisational set-up, audit & accountability

Who Runs Bihar’s Panchayats — and Who Checks Them

At state level, the Panchayati Raj Department (PRD) coordinates and monitors the functioning of PRIs.

An auditor reviewing panchayat ledgers and a laptop running accounting software in a district office

Tier

Elected head

Executive head / in charge

Zila Parishad

Adhyaksha

Deputy Development Commissioner (DDC)

Panchayat Samiti

Pramukh

Block Development Officer (BDO)

Gram Panchayat

Mukhiya

Panchayat Secretary — in charge of the GP office, accounts and records

The Adhyaksha, Pramukh and Mukhiya are elected representatives of their PRIs; the DDC and BDO are the executive heads of the ZP and PS.

Audit arrangements

The Examiner of Local Accounts (ELA), Bihar is the prescribed ‘authority’ for audit of PRIs. In 2015-16, of the 8,969 PRIs in the state, 1,102 were audited by the ELA under the AG (Audit), Bihar.

Audited by ELA, 2015-161,102 / 8,969 (~12%)

PRIs were also audited by the Directorate of Local Fund Audit (DLFA), set up by the Finance Department, Government of Bihar, without overlapping the units audited by the ELA.

However, PRIs responded poorly to the Inspection Reports (IRs) containing audit findings.
The CEOs of ZPs, the EOs of PSs and the Mukhiyas of GPs were required to respond to the IR observations and send compliance reports to the ELA within three months — but their response was not satisfactory.

Accountability mechanisms

Lok Prahari (Ombudsman)

Under the Bihar Panchayat Raj (Amendment) Act, 1993, a Lok Prahari (Ombudsman) is to be appointed by the state government for Panchayats and Gram Kutchahary. But the rules for the appointment were not finalised, so Lok Praharis for PRIs are yet to be appointed by the PRD.

Model Accounting System · PRIASoft

In Bihar, the Model Accounting System (MAS) was implemented through the Panchayati Raj Institutions Accounting Software (PRIASoft), developed by the National Informatics Centre (NIC).
MAS was prescribed by the Government of India in consultation with the CAG, for proper control and better accountability. So the PRD, Government of Bihar notified (2010) that PRI accounts would be kept in MAS formats.

Funds · functions · functionaries

Bihar’s Gaps: Money, Powers and Staff

The problems of rural local government across India also apply to Bihar. In fact, in Bihar local tax collection at panchayat level is almost nil.

A panchayat secretary's desk with a single overworked clerk surrounded by unfiled papers and several empty chairs

Money

Currently, no taxes are levied and collected by PRIs, despite the recommendation of the Fourth State Finance Commission and the provisions of the BPRA, 2006 — because the state government did not notify the tax rates.
As per the Fifth SFC report, funds available to PRIs from various sources were grossly inadequate for their assigned functions.
- Further, they could not use even the allocated funds because of capacity constraints — serious shortages of skilled manpower, office space, IT facilities, equipment, etc.

Powers

The full powers assigned to PRIs under the 73rd Amendment, or even under the Bihar Panchayat Raj Act 1993, have not been delegated.
The Fifth SFC observed (February 2016) that progress on department-wise and subject-wise activity mapping was unsatisfactory, and parastatal bodies were also carrying out PRI functions.
Rules empowering the functioning of PRIs are yet to be notified.
The Patna High Court, in various writ applications, has been observing against the state government on this abnormal delay in transferring actual power to PRIs.
This has affected the morale of the elected representatives. The absence of training facilities has left them unaware of their role as agents of economic development for their constituents, and of participative, accountable grassroots administration.

Staff

Zila Parishads do not have adequate staff to discharge the devolved functions — about 79% of sanctioned posts are vacant.
At GP level, 3,160 Panchayat Secretary posts — about 38% of the total 8,397 — are vacant.
Observing the acute shortage of staff at all levels of PRIs, the Fifth SFC recommended a revised staffing pattern, which has not been followed.

Vacant posts

Zila Parishad sanctioned posts vacant79%

Panchayat Secretary posts vacant (3,160 of 8,397)38%

Thus, there is a serious need to revisit the functioning of rural local government in India, and especially in Bihar. If we are to achieve participative democracy, local governments must be strengthened.

The position in Bihar

E-Governance in Bihar: Where the State Stands

Bihar has received as many as eight prestigious awards for e-governance. For example, in 2009 it won the e-governance gold medal from the Union Ministry of Personnel (Administrative Reforms) for its ‘Jankari’ call centre project.

A modern IT tower in Patna at dusk with fibre-optic lines of light reaching out to villages across the Gangetic plain

Centre for e-Governance · 2005-06

The Centre for e-Governance was set up in 2005-06 with a dual purpose: it is primarily responsible for conducting ICT training programmes, and it also provides internal IT support.

ICT infrastructure has been strengthened through:

BSWANSecLANState Data CentreCommon Service CentresWi-Fi projectsAadhaarBharatNetExpansion of IT institutions

IT institutions

IT cityRajgir (Nalanda)
IT tower & IT parkPatna
Software Technology Parks of India (STPI)Darbhanga, Bhagalpur, Patna
NIELIT centresBihta, Buxar, Muzaffarpur
Incubation Centre for Medical ElectronicsIIT Patna (Bihta)

These have either been completed or are in progress.

E-governance across departments

Law & order

ICT plays an important role through CCTNS, cyber security, e-Prison, CCTV and VC, the Bihar Police Help Line, e-Court, the Child Labour Tracking System, e-Municipality Bihar, e-Office, etc., to enforce law and order and speed up a peaceful environment.

Public finance

ICT is used for public finance management: the state implemented the CFMS in 2019.

Welfare (e-Labharthi)

Nearly all departments run e-governance programmes. e-Labharthi provides e-services such as social security pensions, disability allowance, payments for dress and reading materials, and scholarships, across departments like Education, Social Welfare, SC/ST Welfare, Backward and Most Backward Castes Welfare, and Minority Welfare.

Food supply

For smooth, leakage-proof management of the food supply chain, an IT module tracks doorstep delivery through GPS and SMS alerts. Another IT module handles beneficiaries’ grievance redressal through the Project Management Unit.

All paddy procurement is done online through procurement software, and payment is released within 48 hours through RTGS/NEFT to registered farmers.

Disasters

E-governance plays a crucial role in disaster-related services, before and after disasters.

Disaster awareness is ensured through alerts sent to citizens to prepare for disasters, through WRD scheme implementation.

ICT is used for the Monitoring System, Flood Forecast Model, River Behavioural Analysis Model, Embankment Asset Management System, Real-Time Data Acquisition System, Mathematical Modelling Centre, distribution of Gratuitous Relief (GR) and Tatkal Sahayata, etc.

Procurement & monitoring

Many e-governance programmes provide transparent bidding and public procurement, and monitoring and evaluation of physical infrastructure projects.

Land, skills & productivity

E-governance also includes digitisation and updating of land records, skill development and employment promotion, and support to enhance productivity.

Environment

Concerned about climate change and the environment, the state has started many IT-enabled programmes such as the Forest Management Information System.

Other e-governance initiatives

Bihar’s E-Governance Initiatives — and the Road Ahead

Bihar has been consistently moving towards e-governance, but a lot remains to be done.

A grid of app tiles on a large screen in a government office, each showing a simple icon for a different public service

Online Grievance Registration

For redressal of grievances.

Jankari

A phone-based RTI support system: RTI complaints can be registered and information obtained.

E-Kamaan

Helps district administrations allot duties among home guards for maintaining law and order.

Bihar SPARROW

Smart Performance Appraisal Report Recording Online Window — for all officers of Bihar.

E-Municipality Bihar

Integrated end-to-end facilities to citizens in a transparent, time-bound manner.

E-Office

More efficient, effective and transparent inter- and intra-government transactions and processes.

HRMS

Human Resource Management System: record-keeping of personnel information, service agreements, other payable benefits, etc.

E-Niwas

Allotting government quarters through online applications.

GeM

Government e-Marketplace, implemented in Bihar since 1 April 2018, to enhance transparency, efficiency and speed in public procurement.

E-Procurement System

A real-time bidding solution letting users take part in tendering through the online solution TENDERWIZARD.

Online Enrolment in Electoral Roll

Online enrolment for new electors
Status check of enrolment

Online Electricity Bill Payment

Bill and arrear details
Application for new connections and other services
Online submission of grievances

e-Gazette

Government notifications and gazettes
In PDF format, easily downloadable and readable
Available in Hindi and English
Search by gazette number

Information & Public Relations Dept.

State cabinet decisions in Hindi
Decisions in downloadable PDF
Latest press releases and government advertisements

Website Directory

Category-wise listing of institutions
Legislative, judiciary, executive, state departments, schools and colleges, districts, etc.

Government Tender

Tender notices of various departments
Tender notices by email

District e-Governance Societies

Headed by District Collectors, formed to implement e-governance initiatives at district level.

ServicePlus

The Department of Information Technology is implementing the project on the ‘ServicePlus’ framework developed by NIC — an open-source, web-enabled service delivery and grievance management platform.

Award for agriculture

Bihar Agricultural University, Bhagalpur won the ‘National e-Governance Awards 2020’ from the central government for developing and deploying an ICT-based agricultural extension model.

In the first National e-Governance Service Delivery Assessment (NeSDA) 2019, Bihar was not considered for the rankings at all, as it failed to provide adequate data.

What holds it back

Digital divide
High cost of implementing and operating e-governance projects
Concerns about privacy and security of personal data
Lack of local languages in e-governance applications
Hesitation to move from paper-based to web-based interaction

The way forward

1Create an inclusive digital ecosystem
2e-Literacy for inclusiveness
3Improve accessibility for higher uptake
4Embrace new-age technologies for better service delivery
5Participate effectively in the National e-Governance Plan

“Local government without elected representatives is an insult to the Constitution of India.”

— Patna High Court, on the delay in Bihar’s panchayat elections

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