Eleanor Finch
The 73rd Amendment Act, passed in 1992 and enacted on 24 April 1993, was a significant step towards decentralisation and strengthening local self-governments in India. The act introduced a new chapter to the Constitution, 'Part IX: The Panchayats', making Panchayati Raj institutions constitutional bodies and empowering them with greater authority and resources. This amendment ensured uniformity in the structure of the three-tier Panchayat system, with provisions for direct elections, fixed tenures, and reservations for Scheduled Castes, Scheduled Tribes, and women. It also granted constitutional status to municipalities, bringing them under the purview of justiciable provisions. The act, however, does not apply to certain areas, including scheduled tribal areas and specific regions with separate councils.
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What You'll Learn
The 73rd Amendment Act empowers state governments to formalise gram panchayats
The 73rd Amendment Act, passed in 1992, came into effect on 24 April 1993. The Act empowers state governments to take the necessary steps to formalise gram panchayats and help them function as units of self-governance.
The 73rd Amendment Act adds a new chapter to the Constitution, 'Part IX: The Panchayats', making the Panchayati Raj institutions constitutional bodies. It mandates that every state establish panchayats in their territories. The Act provides for a three-tier Panchayat system, with panchayats at the village, intermediate, and district levels. The village level is known as the Gram Panchayat, followed by the Panchayat Samiti at the block level, and the Zila Parishad at the district level.
The Act ensures direct elections to all seats in panchayats at the village and intermediate levels, as well as to the offices of Chairpersons at these levels. It also reserves seats for the Scheduled Castes and Scheduled Tribes, ensuring their representation is proportional to their population at each level. Additionally, it mandates that at least one-third of the seats be reserved for women, with an amendment bill pending to increase this reservation to 50%.
The 73rd Amendment Act fixes a five-year tenure for panchayats, with elections to be held within six months in the event of supersession or dissolution. It also empowers state legislatures to devolve powers, responsibilities, and authority to the panchayats, enabling them to prepare plans for economic development and social justice.
The formalisation of gram panchayats through the 73rd Amendment Act is a significant step towards strengthening local self-governance in India, addressing inherent weaknesses in the previous system, and ensuring that panchayats are responsive to the needs of the people they represent.
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It makes the Panchayati Raj institutions constitutional bodies
The 73rd Amendment Act, passed in 1992 and enacted on 24 April 1993, introduced significant changes to strengthen local self-governance in India. One of its key provisions was the constitutional recognition of Panchayati Raj institutions, making them an integral part of the country's governance framework.
The amendment added a new chapter to the Constitution, 'Part IX: The Panchayats', which encompasses Articles 243 to 243 O. This new part mandates the establishment of Panchayats at the village, intermediate, and district levels, with direct elections held for all seats and the reservation of seats for Scheduled Castes, Scheduled Tribes, and women. The Panchayats are now constitutionally recognised bodies with a fixed tenure of five years, and their members, including the chairpersons, are directly elected by the people.
Article 243-G of the amendment makes it obligatory for state governments to devolve powers, responsibilities, and authority to the Panchayats, empowering them to function as self-governing units. This devolution of authority ensures that the Panchayats have the necessary capabilities to address the needs of their local communities.
The 73rd Amendment Act also introduced the Gram Sabha, a body comprising all individuals registered in the electoral rolls of a village. The Gram Sabha serves as a platform for direct participation and decision-making at the grassroots level, further enhancing the democratic nature of the Panchayati Raj system.
By elevating the Panchayati Raj institutions to constitutional status, the 73rd Amendment Act not only strengthened local self-governance but also brought about greater decentralisation of power in India. This shift in governance structure allows for more responsive and effective decision-making at the local level, ensuring that the diverse needs of India's vast and varied population are addressed.
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It reserves seats for women and SC/STs
The 73rd Amendment Act, passed in 1992, came into effect in April 1993. It played a significant role in decentralising power in India, transferring power from central and state governments to local bodies. The act grants municipalities constitutional status and brings them under the purview of the Constitution's justiciable provisions.
The act introduced a new chapter to the Constitution, 'Part IX: The Panchayats', which covers provisions from Article 243 to 243(O). It also added an Eleventh Schedule, listing 29 subjects within the functions of the Panchayats.
The act reserves seats for women and Scheduled Castes/Scheduled Tribes (SC/STs) in the Panchayats. This reservation of seats ensures that SC/STs and women are adequately represented in the local governance system. The reservation for SC/STs is proportional to their population at each level of the Panchayats, while for women, it is mandated that not less than one-third of the seats be reserved for them.
The Panchayats have a fixed tenure of five years, and state election commissions are responsible for conducting independent elections to the village Panchayats. The act also outlines the constitution and composition of these bodies, with all members being directly elected by the people of the respective areas.
The 73rd Amendment Act has been instrumental in strengthening local self-governments in India and empowering them to function as responsive and effective units of self-governance.
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It grants municipalities constitutional status
The 73rd Amendment Act, passed in 1992 and enacted on 24 April 1993, was a significant step towards decentralising power in India. The Act granted constitutional status to municipalities, bringing them under the purview of the Constitution's justiciable provisions.
This meant that municipalities became subject to the Constitution's provisions, with specific articles outlining their roles and responsibilities. Articles 243P to 243ZG outline the provisions for municipalities, including the constitution and composition of different types of municipalities, such as Nagar Panchayats, Municipal Councils, and Municipal Corporations.
Article 243R, for instance, states that all members of a municipality are directly elected by the people of the municipal area, with each municipality comprising territorial constituencies known as wards. The formation and composition of ward committees are addressed in Article 243S, which specifies that each ward is represented in the Municipality by ward members.
The 73rd Amendment Act also added the 12th Schedule to the Constitution, which outlines 18 functional items within the purview of municipalities. This includes the creation of a Metropolitan Planning Committee in every metropolitan region with a population of 10 lakh or more. This committee is responsible for drafting an improvement plan for the metropolitan region.
The Act further prohibits courts from interfering in municipality elections, ensuring that any disputes are handled by the appropriate authorities as prescribed by the state legislature. This provision reinforces the autonomy and independence of municipalities in their electoral processes.
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It prohibits court interference in electoral matters
The 73rd Constitutional Amendment Act, passed in 1992, added a new chapter to the Indian Constitution, titled 'Part IX: The Panchayats'. This amendment was enacted to address weaknesses in the existing system of village panchayats, such as a lack of financial resources, irregular elections, and inadequate representation of marginalised groups and women.
The act prohibits court interference in electoral matters, ensuring the independence of the election process. Specifically, Article 243K outlines the provisions for elections of the Panchayats, including the constitution of a State Election Commission. This commission is responsible for supervising, directing, and controlling the elections to the Panchayats, as well as preparing electoral rolls.
The amendment act declares that the validity of any law relating to the delimitation of constituencies or the allotment of seats cannot be questioned in any court. It also states that no election to any Panchayat can be challenged unless accompanied by an election petition filed with the appropriate authority and in the manner prescribed by the state legislature. This means that the courts have no jurisdiction over disputes in Panchayat elections, and any concerns must be directed through the prescribed legal channels.
The State Election Commissioner is appointed by the Governor and can only be removed in the same manner and on the same grounds as a Judge of the High Court, further emphasising the independence of the election commission.
By prohibiting court interference in electoral matters, the 73rd Constitutional Amendment Act empowers the State Election Commission to conduct independent elections for the Panchayats, strengthening the local self-governance in India.
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Frequently asked questions
The 73rd Amendment Act, passed in 1992, came into effect on 24 April 1993. The Act empowered state governments to take the necessary steps for the formalisation of the gram panchayats, helping them to operate as units of self-governance.
The Act added a new chapter to the Constitution, 'Part IX: The Panchayats', covering provisions from Article 243 to 243(O). It also added an Eleventh Schedule, which included 29 subjects within the functions of the Panchayats. The Act granted constitutional status to municipalities, bringing them under the purview of the Constitution's justiciable provisions.
The Act played a significant role in decentralising power in India by transferring power from central and state governments to local bodies. It also strengthened local self-governments and brought uniformity to the Panchayati Raj structure in India.
