Bylaws And Custodianship: Strengthening Community Governance Of India's Commons
Indian's Commons comprise both forest and non-forest resources that not only support the livelihoods of thousands of communities but also offer rich ecological and cultural services. In this post, Rao and Singh discuss how panchayat byelaws can strengthen custodianship of Commons governance, and how existing legislative frameworks can be leveraged to improve the protection, access, and management of Commons in India.
Commons play a crucial role in providing ecological, economic, and cultural benefits. In India, around 350 million people in rural areas depend on Commons, including grazing lands, water bodies, and culturally significant ecosystems such as oran, for livelihoods and well-being. Governance of these Commons is therefore central to ensuring equitable access, sustainable management, and long-term ecological balance. The effectiveness of governance through protection, management, and access influences the benefits that communities derive from these shared resources. In this context, institutions and governance mechanisms play a critical role in safeguarding Commons from emerging threats. Recent recognition of importance and value of village commons in the Economic Survey 2025-2026 highlights and further underscores the need to strengthen the governance frameworks across these shared resources.
Shifts in Commons governance systems
Commons today face multiple pressures, including encroachment, land use changes, and competing developmental priorities. These challenges weaken both formal and informal governance systems that have historically regulated Commons. The impacts are not limited to communities alone but extend to ecological degradation and long-term sustainability concerns, including increased climate stress. Traditionally, Commons have been governed through customary practices and community norms that evolved over generations. These systems regulated access, ensured equitable use, and maintained ecological balance. However, with changing socio-economic conditions and institutional gaps, these governance systems are increasingly under strain. This has led not only to the loss of Commons in some contexts but also to widening governance gaps and weakening of collective management systems.
From customary norms to institutional custodianship
Custodianship of Commons can be understood as an idea and framework that brings together institutions such as gram sabhas, panchayats, and communities, along with decision-making processes and local capacities for managing shared resources. Historically, communities have developed their own rules to regulate the use and management of Commons. These include norms on access, seasonal usage, conservation practices, and penalties for violations. In some cases, social sanctions were also used to ensure compliance. These rules may be written, oral, or collectively agreed upon in gram sabha meetings, but they have played a central role in sustaining Commons over time. The gram sabha, in particular, has functioned as a key decision-making body, not only determining access but also ensuring long-term sustainability.
The 73rd Constitutional amendment marked a turning point in decentralised governance in India by formally recognising local self-governments. Panchyati Raj legislations across states aim to enable democratic decentralisation by vesting powers, responsibilities, and authority in local institutions. These frameworks bring multiple stakeholders into a structured system, allowing communities to participate in governance and manage shared resources more effectively.
Byelaws as tools of decentralised governance
An important component of the Panchayati Raj system is the provision for framing byelaws. These byelaws, associated with rules and penalties, form part of the broader framework for regulating local governance. Several state Panchayati Raj legislations empower gram panchayats to frame byelaws, subject to due process and approvals. Through these provisions, panchayats can regulate matters such as public health, sanitation, water bodies, grazing lands, and protection of public property.
An important question that arises is why legal backing is necessary for governing Commons. Formal legal recognition can strengthen existing community rules by giving them greater clarity, legitimacy, and continuity through records and institutional processes. In this context, panchayat byelaws enhance the enforceability of locally agreed norms and can help reduce ambiguities and disputes in the use and management of shared resources. Importantly, these powers can also extend to the governance of Commons. Byelaws enable panchayats and communities to collectively define rules for access, use, and management of shared resources, and to enforce these rules through institutional mechanisms.
In practice, communities and panchayats can work together to frame byelaws based on local needs and customary practices. These are then formalised through the prescribed legal process and approved by competent authorities. In most states, the process of framing byelaws can emerge through inclusive community discussions involving all the different groups, and communities within the Panchayat. The gram sabha plays a central role in deliberating and agreeing on rules related to the governance of Commons, while the panchayat supports the drafting and formalisation of these byelaws. In many states, the proposed byelaws are then submitted to higher authorities such as the zilla panchayat for approval and sanction. Once approved, they are formally notified, giving them legal effect and enabling their implementation at the local level. This creates a pathway through which community norms can be recognised within formal governance systems.
Linking byelaws to custodianship
The process of framing byelaws aligns closely with existing community practices, where rules and norms are already in place to regulate access and ensure sustainability. When these norms are translated into panchayat byelaws, they gain formal legal recognition. This helps:
1. Clarify roles and responsibilities
2. Define access and usage rights
3. Strengthen collective decision making
4. Institutionalise stewardship over Commons
As part of the broader framework of panchayat governance, byelaws not only strengthen local governance mechanisms but also enhance the security of use over shared resources. They provide a means to formally record community defined rights and responsibilities, thereby reducing ambiguity in access and management. In this sense, panchayat byelaws can also function as a form of collective tenure, offering communities a more secure and legally recognised basis for governing Commons. In this sense, byelaws can function as a form of locally grounded governance that bridges customary practices and formal legal systems. They enable communities to move from informal regulation to recognised custodianship, while ensuring that governance remains participatory and context-specific.
Legal provisions for panchayat byelaws across states
The information presented below has been compiled from resources available on the Ministry of Panchayati Raj website and relevant state Panchayati Raj legislations. The analysis indicates that while provisions for framing byelaws exist across states, the processes and approval mechanisms vary from state to state.
Various states and Union Territories provide legal mandates for framing byelaws under their Panchayati Raj legislations:
State/Union Territory | Existing legal provision on bylaws in Panchayati Raj Act |
|---|---|
Andhra Pradesh | Section 270 of Panchayat Raj Act 1994- Panchayats may frame byelaws with approval of the Commissioner |
Andaman & Nicobar | Section 203 of Andaman and Nicobar Panchayat Regulations, 1994 - Deputy Commissioner may frame byelaws. |
Arunachal Pradesh | Section 151 of Arunachal Pradesh Panchayat Raj Act, 1997- Panchayats empowered to regulate use and maintenance of Commons |
Assam | Section 116 of Assam Gram Panchayat Act, 1994- Gram Panchayat may frame byelaws with the sanction of Zilla Parishad. |
Bihar | Section 147 of Bihar Panchayat Raj Act, 1993- Panchayat may prepare byelaws with prior approval |
Gujarat | Section 275 of Gujarat Panchayat Act, 1993- District Panchayat may frame byelaws for the village panchayat with government sanction |
Goa | Section 243 of Goa Panchayat Raj Act, 1994- Panchayat empowered to make byelaws with previous sanction and rules by the zilla panchayat. |
Himachal Pradesh | Section 187 of Himachal Pradesh Panchayat Raj Act,1994- Panchayat may frame byelaws with confirmation of prescribed authority |
Jammu & Kashmir | Section 81of Jammu & Kashmir Panchayat Raj Act, 1989- Panchayats may frame byelaws with prescribed approval |
Jharkhand | Section 132 of Jharkhand Panchayat Raj Act, 2001- Gram panchayat may make byelaws with the previous sanction of the zilla parishad |
Karnataka | Section 315 of Karnataka Act, 1994,- Panchayat may make byelaw with previous sanction of the zilla panchayat |
Madhya Pradesh | Section 96 of M.P Panchayat Raj Adiniyam, 1993- Panchayat or Gram Sabha may frame byelaws with the approval of prescribed authority. |
Odisha | Section 151of Gram Panchayat Act, 1994-Panchayat may frame byelaws with State approval. |
Punjab | Section 225 of Punjab Panchayat Raj Act, 1994 -Panchayat may frame rules with government sanction |
Puducherry | Section 320 of Puducherry Panchayat Raj Act, 1994- Panchayat may prepare byelaws with Director's approval |
Rajasthan | Section104 of Rajasthan Panchayat Raj Act, 1994- Panchayat may frame byelaws with approval of Zilla Parshad |
Bridging gaps through panchayat byelaws
Despite the availability of legal provisions, the use of byelaws for Commons governance remains limited. One key challenge is the lack of awareness among communities and panchayat representatives regarding their powers and the potential of byelaws. Procedural complexities, including multiple layers of approvals from departments and higher level institutions, also act as barriers. In addition, there is limited engagement from supporting institutions, including government agencies and civil society organisations, in facilitating the process of byelaw formulation. This results in a gap between the legal potential of byelaws and their actual use on the ground. Panchayat byelaws offer an opportunity to bridge different levels of governance. The gram sabha serves as the primary decision making body, where community norms and priorities are articulated. The Panchayat provides legal authority to formalise these decisions through byelaws, while line departments can offer technical and administrative support. This convergence can strengthen Commons governance by ensuring that community decisions are legally recognised and institutionally supported.
Pathways for strengthening Commons governance through byelaws
1. Panchayat byelaws should recognise and build upon existing customary practices and community norms
2. Governments can develop model byelaws that can be adapted by panchayats for commons governance
3. State institutions and civil society organisations may support panchayats with legal and procedural guidance
4. Byelaws must remain non-discriminatory and inclusive in their design and implementation
5. Strengthening gram sabha participation is essential for effective and legitimate decision-making
6. Byelaws can be linked with programmes such as MGNREGS, watershed development, and forestry initiatives to support restoration and management of Commons.
7. Panchayat and communities can jointly ensure the recording and maintenance of byelaws in panchayat records, land records, and village registers to strengthen transparency and continuity in governance.
Further Reading
Economic Survey (2025–26), Government of India – Section on commons and rural livelihoods
Rao, K. B. and S. Singh (2026), Encroachment crisis: The urgent need to save India's commons, Ideas for India, 13 March.
India Development Review (2025), Commons Explained: Significance, Challenges, and Governance in India
Ostrom, Elinor (1990), Governing the Commons: The Evolution of Institutions for Collective Action
Ministry of Panchayati Raj, Government of India – Reports on decentralised governance and Gram Sabha functioning
Pallavi Srivastava (2026), Why focus on village commons is a welcome step, Village Square.
Author Killi Bhaskara Rao is a Lawyer & Legal Researcher, Foundation for Ecological Security and Subrata Singh is a Executive Director, Foundational For Ecological Security.
Views are personal.