Title: Panchayati Raj in India – 73rd Constitutional Amendment Act 1992, Features, Committees and Important Articles
Description: Detailed Panchayati Raj notes for UPSC, SSC, ADRE, State PSC and other competitive exams based on the standard Indian Polity framework and official Government of India sources.
Introduction
Panchayati Raj is the system of rural local self-government in India. Its basic objective is to establish democratic institutions at the grassroots level and enable people to participate directly or indirectly in local administration and development.
The 73rd Constitutional Amendment Act, 1992 gave constitutional status to Panchayati Raj Institutions (PRIs). It inserted Part IX – The Panchayats, covering Articles 243 to 243-O, and added the Eleventh Schedule, containing 29 subjects. The provisions came into force on 24 April 1993.
The constitutional scheme broadly follows the idea of democratic decentralisation, which is an important theme in standard Indian Polity preparation.
Evolution of Panchayati Raj
The development of Panchayati Raj can be understood through the important committees appointed after Independence.
Balwant Rai Mehta Committee – 1957
The Balwant Rai Mehta Committee was appointed to examine the working of the Community Development Programme and National Extension Service.
Its most important recommendation was the establishment of a system of democratic decentralisation.
It recommended a three-tier Panchayati Raj system:
Gram Panchayat → Panchayat Samiti → Zila Parishad
The Panchayat Samiti was envisaged as the principal body at the block/intermediate level, while the Zila Parishad was placed at the district level.
Rajasthan became the first State to inaugurate the Panchayati Raj system in 1959.
Ashok Mehta Committee – 1977
The Ashok Mehta Committee was appointed to examine the functioning of Panchayati Raj institutions.
Among its important recommendations was a two-tier structure consisting of:
Zila Parishad → Mandal Panchayat
It also emphasised greater political participation and a stronger role for Panchayati Raj institutions.
G.V.K. Rao Committee – 1985
The G.V.K. Rao Committee examined administrative arrangements for rural development.
It emphasised the importance of Panchayati Raj institutions in implementing rural development programmes and recommended strengthening the district level as an important unit of planning and development.
L.M. Singhvi Committee – 1986
The L.M. Singhvi Committee examined the constitutional and legal position of Panchayati Raj.
One of its important recommendations was to give constitutional recognition and protection to Panchayati Raj institutions.
This recommendation became particularly significant in the subsequent constitutionalisation of Panchayats.
73rd Constitutional Amendment Act, 1992
The 73rd Amendment was a landmark development in Indian local government.
It:
gave constitutional status to Panchayati Raj Institutions;
inserted Part IX into the Constitution;
added Articles 243 to 243-O;
gave constitutional recognition to the Gram Sabha;
provided for Panchayats at village, intermediate and district levels;
introduced constitutional provisions regarding reservation;
provided for a five-year tenure;
established a constitutional framework for State Election Commissions;
provided for State Finance Commissions; and
added the Eleventh Schedule containing 29 subjects.
Gram Sabha
Article 243A deals with the Gram Sabha.
The Gram Sabha consists of persons registered in the electoral rolls relating to a village within the area of the Panchayat at the village level.
The Constitution leaves the detailed powers and functions of the Gram Sabha to the State Legislature.
Thus, the Gram Sabha represents the basic foundation of grassroots democracy.
Three-Tier System
Under Article 243B, Panchayats are generally constituted at three levels:
Village Level
Gram Panchayat
Intermediate Level
Panchayat Samiti / Intermediate Panchayat
District Level
Zila Parishad / District Panchayat
An important exception is that a State having a population not exceeding 20 lakh may choose not to constitute Panchayats at the intermediate level.
Composition of Panchayats
Article 243C deals with the composition of Panchayats.
The State Legislature determines the detailed composition of Panchayats through legislation, subject to the constitutional framework.
Members representing territorial constituencies are elected through direct elections.
The detailed names, structure and functioning of Panchayats can therefore vary from one State to another.
Reservation in Panchayats
Reservation is one of the most important features of the 73rd Amendment.
Under Article 243D, seats are reserved for Scheduled Castes and Scheduled Tribes in proportion to their population in the Panchayat area.
The Constitution also provides that not less than one-third of the total seats filled by direct election in every Panchayat shall be reserved for women.
Not less than one-third of the offices of chairpersons at each level are also reserved for women.
State Legislatures may additionally provide for reservation of seats or offices of chairpersons in favour of backward classes.
Duration of Panchayats
Under Article 243E, every Panchayat normally has a term of five years.
If a Panchayat is dissolved before completing its term, elections are generally required to be held within six months of dissolution, subject to the constitutional exception where the remaining period of the dissolved Panchayat would have been less than six months.
This provision provides constitutional stability and ensures regular elections.
Qualifications and Disqualifications
Article 243F deals with disqualifications for membership of Panchayats.
A person may be disqualified under the applicable law relating to elections to the State Legislature or under a law made by the State Legislature, subject to the constitutional provisions.
Therefore, detailed qualifications and disqualifications are largely governed by State law within the constitutional framework.
Powers and Responsibilities
Article 243G provides for the powers, authority and responsibilities of Panchayats.
State Legislatures may endow Panchayats with powers necessary to function as institutions of self-government.
These powers may include:
preparation of plans for economic development and social justice; and
implementation of schemes relating to matters included in the Eleventh Schedule.
A key exam point is that the Constitution provides the framework for devolution, but the actual transfer of functions depends substantially on State legislation.
Panchayat Finances
Article 243H deals with the financial powers of Panchayats.
State Legislatures may authorise Panchayats to:
levy and collect specified taxes, duties, tolls and fees;
receive assigned revenues;
receive grants-in-aid; and
maintain Panchayat funds.
Thus, financial resources are essential for Panchayats to effectively perform their functions.
State Finance Commission
Article 243-I provides for the State Finance Commission.
The Governor of a State constitutes the Finance Commission every five years.
Its main function is to review the financial position of Panchayats and make recommendations regarding the distribution and adequacy of financial resources.
This includes matters concerning:
distribution of State revenues;
taxes, duties, tolls and fees that may be assigned to Panchayats;
grants-in-aid; and
measures needed to improve the financial position of Panchayats.
Audit of Panchayat Accounts
Article 243J deals with the maintenance and audit of Panchayat accounts.
The State Legislature can make provisions regarding the maintenance and auditing of the accounts of Panchayats.
This is important for financial accountability and transparency.
State Election Commission
Article 243K provides for the State Election Commission.
The State Election Commission has constitutional responsibility for the superintendence, direction and control of:
preparation of electoral rolls; and
conduct of elections to Panchayats.
The State Election Commissioner is appointed by the Governor.
Eleventh Schedule
The Eleventh Schedule was added by the 73rd Constitutional Amendment.
It contains 29 subjects that may be devolved to Panchayats.
Important subjects include:
Agriculture
Land improvement
Minor irrigation
Animal husbandry
Fisheries
Social forestry
Rural housing
Drinking water
Roads
Rural electrification
Poverty alleviation programmes
Education
Vocational education
Libraries
Cultural activities
Markets and fairs
Health and sanitation
Family welfare
Women and child development
Social welfare
Welfare of weaker sections
Public distribution system
Maintenance of community assets
Important: The inclusion of a subject in the Eleventh Schedule does not automatically transfer that subject to Panchayats. Actual devolution depends on the relevant State law.
Exceptions to Part IX
Article 243M provides that Part IX does not apply uniformly to certain areas and States.
Important constitutional exceptions include Nagaland, Meghalaya and Mizoram, along with certain Scheduled and tribal areas and other specified areas.
For Scheduled Areas, Parliament enacted the Panchayats (Extension to the Scheduled Areas) Act, 1996, commonly known as PESA.
PESA provides a special framework for extending Panchayati Raj to Scheduled Areas while recognising the role of Gram Sabhas and traditional community practices.
Article 243O – Judicial Intervention
Article 243O places restrictions on court intervention in certain Panchayat electoral matters.
The validity of laws relating to delimitation of constituencies or allotment of seats cannot ordinarily be questioned in court in the manner specified by the Constitution.
Panchayat elections can be challenged through an election petition under the procedure provided by State law.
Importance of the 73rd Amendment
The 73rd Amendment transformed Panchayati Raj from a system primarily dependent upon State legislation into a constitutionally recognised system of rural local government.
Its major contribution was to provide constitutional guarantees for:
Regular elections + five-year tenure + reservation + State Election Commission + State Finance Commission + Gram Sabha + constitutional recognition of Panchayats.
It therefore strengthened the institutional basis of democratic decentralisation and grassroots participation.
73rd Constitutional Amendment – Quick Revision
Feature Provision
Amendment 73rd Constitutional Amendment Act, 1992
Subject Panchayati Raj
Came into force 24 April 1993
Constitutional Part Part IX
Articles 243–243O
Gram Sabha Article 243A
Three-tier system Article 243B
Reservation Article 243D
Duration Article 243E
Powers & responsibilities Article 243G
Panchayat finances Article 243H
State Finance Commission Article 243-I
State Election Commission Article 243K
Schedule Eleventh Schedule
Subjects 29
PESA 1996
Most Important Exam Facts
73rd Amendment → Panchayati Raj
Part IX → Panchayats
Articles 243–243O → Panchayati Raj provisions
Eleventh Schedule → 29 subjects
Article 243A → Gram Sabha
Article 243D → Reservation
Article 243E → Five-year duration
Article 243G → Powers and responsibilities
Article 243-I → State Finance Commission
Article 243K → State Election Commission
24 April → National Panchayati Raj Day
Sources
Legislative Department, Ministry of Law and Justice, Government of India – Constitution of India: [Official Constitution of India]
Ministry of Panchayati Raj, Government of India – Constitutional Provisions: [Ministry of Panchayati Raj]
Ministry of Panchayati Raj – PESA: [Official PESA Resources]
Indian Economic Service, Government of India – Panchayati Raj and 73rd Amendment: [Government Reference]
NIRDPR, Government of India – resources on the evolution and development of Panchayati Raj.
M. Laxmikanth, Indian Polity – used as the standard competitive-exam framework/reference for the Panchayati Raj topic; the text above is independently written and does not reproduce the book’s copyrighted passages.
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