73rd Constitutional Amendment Act

Polity

Let’s try to dive into the topic by asking some general questions:

What was 73rd Amendment Act? What are the objectives and Constitutional Provisions of the Panchayati Raj?  What are the salient features of Panchayati Raj?

Panchayati Raj is the oldest system of local government. Panchayati Raj Institutions as local government units have existed in India for a long time.

The Panchayati Raj system is a decentralized form of governance in India, specifically designed for rural areas. It was established to promote local self-governance and empower rural communities. The system operates at three levels: Gram Panchayat (village level), Panchayat Samiti (block level), and Zila Parishad (district level).

However, it was only in 1992 officially established by the Indian Constitution as the third level of India’s federal democracy through the 73rd Amendment Act.

Although the Rajiv Gandhi and VP Singh governments attempted to grant the PRI constitutional status, Narasimha Rao’s administration was the only one to succeed due to the adoption of the 73rd Constitutional Amendment Act.

What is the 73rd amendment act?

Objectives:

Constitutional Provisions of Panchayat Raj

Salient features of Panchayat Raj

  1. Gram Sabha:

    • It is a village assembly consisting of all the registered voters in that area.
    • It can perform such functions as the state legislature entrusts it with.

  2. Three-tier system:

    • It suggests PRI at the village, intermediate and district levels. So, bringing uniformity to the PRI.
    • However, states having a population of less than 20 lakhs may not setup Panchayat Raj Institution.

  3. Election:

    • All the members at the village, intermediate and district levels shall be elected directly by the people.
    • The chairperson of the intermediate and district level shall be indirectly elected. Whereas chairman of the panchayat shall be elected in such a manner as the state legislature provides for.

  4. Reservation of seats:

    • In every Gram Panchayat, seats must be set aside for members of Scheduled Castes and Scheduled Tribes.

    • Women from Scheduled Castes or, where applicable, Scheduled Tribes must have access to at least one-third of the seats that are set aside for them.

    • Not less than one-third (including the number of seats reserved for women belonging to the Scheduled Castes and the Scheduled Tribes) of the total number of seats to be filled by direct election in every Gram Panchayat shall be reserved for women and such seats may be allotted by rotation to different constituencies in a Gram Panchayat in such manner as may be prescribed by State Legislature.

      The above reservation is also applicable for the position of chair person .

  5. Duration of Panchayats:

    • Every level of panchayat is given a 5 year term of office under the statute. PRI, however, may be dissolved prior to the end of the natural term.
    • Before the PRI’s natural term expires or, in the event of its dissolution, before a period of six months has passed since that date, new elections must be held.

  6. Qualification & Disqualification:

    • A person shall be disqualified for being chosen as or for being a member of the panchayat if he is so disqualified:

      • Under any law for the time being in force for the purpose of elections to the legislature of the state concerned.
      • No person can be disqualified on the ground that he is less than 25 years of age if he has attained the age of 21 years.
      • All questions related to disqualification shall be referred to such authority as the state legislature determines.

  7. State election commission:

    • The state election commission shall be in charge of supervising, directing, and controlling the creation of electoral rolls and the conduct of all panchayat elections.
    • The state election commissioner cannot be dismissed from his position other than in the way and for the reasons specified.
    • The state legislature has the authority to establish rules on for panchayat elections.

  8. Powers and functions:

    • The state legislature may bestow the panchayats with such powers and authority as may be necessary to enable them to function as institutions of self-government.

  9. Finances:

    • The state legislature may authorize a panchayat to levy, collect and appropriate taxes, provide for making grants-in-aid to the panchayats.

  10. Finance Commission:

    • The Governor has the authority to establish an annual finance commission to review the panchayats’ financial standing, recommend improvements, and make recommendations on any other issues.

    • It shall make recommendations on the following matters:

      • The distribution between the state and the panchayats from the net proceeds of taxes

      • Determination of taxes, duties, tolls and fees that may be assigned to the panchayats.

      • Grants-in-aid to the panchayats from the consolidated fund of the state

    • The state legislature will establish the FC’s composition and qualifications.

  11. Audit:

    • The state legislature may provide the manner for auditing.

  12. Application to Union Territory:

    • The president of India may direct that provisions of this act shall apply to any union territory subject to such modification as he may specify.

  13. Exempted areas:

    • It does not apply to Nagaland, Mizoram, Meghalaya, scheduled areas and the tribal areas, hill area of Manipur, and Darjeeling district of WB.
    • However, parliament may extend the provisions of this part to even these exempted areas with modifications as it may specify.
    • In this context, parliament has enacted ‘The provisions of the Panchayat (Extension to the scheduled areas) Act, 1996 (PESA Act).

  14. Bar to interference of court:

    • The act bars the interference by courts in the electoral matters of panchayats. It also mentions the delimitation related to PRI cannot be questioned by the court.
    • Even election petitions shall be adjudicated based on such mechanism as specified by the state legislature.

What is Delimitation?

Delimitation refers to the act or process of fixing boundaries or limits of territorial constituencies in a country or region with a legislative assembly. This process is essential to ensure fair and effective representation by adjusting the boundaries of electoral constituencies based on population changes or other relevant factors. In India, delimitation is carried out by the Delimitation Commission, an independent body appointed by the government. The primary purpose of delimitation is to ensure that each constituency has approximately the same population, thereby maintaining the principle of “one person, one vote.” This process is crucial in maintaining the democratic and representative nature of elections.

  1. 11th schedule:

    • The Act inserted a new schedule which contained areas that come under the purview of the PRI

Challenges in the 73rd Constitutional Amendment:

  1. Lack of Adequate Financial Resources:

    • Panchayats often struggle with insufficient funds, which limits their ability to implement development programs effectively.
    • Solution: Increase financial devolution from state governments, provide Panchayats with greater authority to raise local taxes, and ensure timely release of grants.

  2. Reluctance of State Governments:

    • Many state governments are hesitant to devolve powers to Panchayats, undermining the spirit of the amendment.
    • Solution: Ensure strict adherence to the provisions of the 73rd Amendment through monitoring and encourage states to pass enabling legislation.

  3. Inadequate Administrative Capacity:

    • Panchayats often lack trained staff and proper infrastructure, making it difficult for them to function effectively.
    • Solution: Strengthen the capacity-building programs, provide regular training to Panchayat members, and improve infrastructure at the Panchayat level.

  4. Dominance of Local Elites:

    • In many areas, Panchayats are controlled by local elites, leading to marginalization of weaker sections of society.
    • Solution: Empower marginalized groups through reservation policies, awareness campaigns, and promoting active participation of women and marginalized communities.

  5. Lack of Awareness and Participation:

    • Many rural citizens are unaware of their rights and the functions of Panchayats, leading to low participation.
    • Solution: Conduct awareness campaigns, encourage community participation in decision-making, and promote transparency in Panchayat activities.

  6. Corruption and Mismanagement:

    • Corruption at the Panchayat level hinders the proper utilization of resources and effective governance.
    • Solution: Implement stringent anti-corruption measures, ensure regular audits, and promote the use of technology to improve transparency and accountability.

  7. Multiplicity of Agencies:

    • Overlapping roles and responsibilities between Panchayats and other government agencies create confusion and inefficiency.
    • Solution: Clearly delineate the roles and responsibilities of Panchayats, streamline the functions, and promote better coordination between agencies.

  8. Ineffective Grievance Redressal Mechanism:

    • There is often no effective system in place for addressing grievances related to Panchayat decisions and functioning.
    • Solution: Establish a robust grievance redressal mechanism, make the process accessible to all, and ensure timely resolution of issues.

Way forward for 73rd Amendment:

Local self-government in the nation has significantly improved as a result of the 73rd Amendment Act.

This amendment is based on the Gandhian Principle of the DPSP, which advocated for decentralized democracy, or the idea that individuals should make their own decisions. Gandhiji advocated the third level of government that can understand the problems of the people of the village at the grassroots level.

The voice of the people can be heard best in the Panchayat, where the foundation of India’s democracy is laid — Mahatma Gandhi

PDF File:

No PDF attached

Subject: Polity

← Back
Chat on WhatsApp