Constitutional Amendment: Powering India's Local Governments

what is 73rd constitutional amendment

The 73rd Amendment Act, also known as the Constitution (73rd Amendment) Act, was passed in 1992 and came into effect on 24 April 1993. The Amendment added a new chapter to the Indian Constitution, titled 'Part IX: The Panchayats', which covers provisions from Article 243 to 243(O) and an Eleventh Schedule covering 29 subjects within the functions of the Panchayats. The Amendment aimed to strengthen local self-governments in India by providing constitutional status to the Panchayati Raj institutions and empowering them with various powers and responsibilities. It also established reservations for women and underrepresented castes in local governance.

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The 73rd Amendment Act came into force on 24 April 1993

The 73rd Amendment Act, also known as the Constitution (73rd Amendment) Act, came into force on 24 April 1993. The act was passed in 1992 by the Indian government to address weaknesses in the existing system of village panchayats, which had existed in India for many years.

The 73rd Amendment Act aimed to empower state governments to take the necessary steps to formaliser the gram panchayats and help them operate as units of self-governance. This was done by adding a new chapter to the Indian Constitution, titled 'Part IX: The Panchayats', which covered provisions from Article 243 to 243(O). This amendment implements Article 40 of the DPSP, which states that "State shall take steps to organise village panchayats and endow them with such powers and authority as may be necessary to enable them to function as units of self-government".

The act made it compulsory for every state to establish panchayats in their territories and made it mandatory for state governments to devolve powers, responsibilities, and authority to the panchayats. The gram panchayats were given a fixed tenure of 5 years, and state election commissions were provided with the mechanism to conduct independent elections. This amendment also established the reservation of one-third of the seats for women in basic village councils, leading to a significant increase in women's participation in local governance.

The 73rd Amendment Act has improved local self-government in India and has changed power equations significantly. To celebrate its passing, the central government decided to observe 24 April every year as National Panchayati Raj Day. The Panchayati Raj system now functions as a system of governance in which gram panchayats are the basic units of local administration.

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It added a new chapter to the Indian Constitution, 'Part IX: The Panchayats'

The 73rd Amendment Act, passed in 1992, added a new chapter to the Indian Constitution, Part IX: The Panchayats. This amendment transformed the Panchayati Raj system in India, strengthening local self-governance and addressing inherent weaknesses in the previous system.

Part IX of the Indian Constitution covers provisions from Article 243 to 243(O) and introduces a three-tier Panchayat system at the village, intermediate, and district levels. This system brings uniformity to the Panchayati Raj structure across India, with all members at these three levels being elected. The amendment also established the reservation of one-third of the seats for women in basic village councils, significantly increasing their participation in local governance.

The Panchayati Raj institutions were formalised as constitutional bodies, with state governments mandated to establish them in their territories and devolve powers, responsibilities, and authority to the Panchayats. The Gram Panchayats, the basic units of local administration, were empowered to function as units of self-governance, with fixed tenures of five years and independent elections conducted by state election commissions.

The 73rd Amendment also introduced an Eleventh Schedule covering 29 subjects within the functions of the Panchayats, including the preparation of economic development plans and social justice. It put a constitutional obligation on states to enact the Panchayati Raj Acts while considering their unique geographical, politico-administrative, and other conditions.

The impact of the 73rd Amendment in rural India has been significant, changing power equations and improving local self-government. It has provided constitutional status to the Panchayati Raj institutions, which now function in most states of India, except Nagaland, Meghalaya, and Mizoram, and in all Union Territories except Delhi.

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The Act empowered state governments to take steps to formalise the Gram Panchayats

The 73rd Amendment Act, passed in 1992, came into effect on 24 April 1993. The Act empowered state governments to take steps to formalise the Gram Panchayats, helping them to operate as units of self-governance. The Gram Panchayats, or village panchayats, are the basic units of local administration in the Panchayati Raj system. The 73rd Amendment added a new Part IX to the Indian Constitution, titled "The Panchayats", which covers provisions from Article 243 to 243(O). This amendment implements Article 40 of the DPSP, which states that "State shall take steps to organise village panchayats and endow them with such powers and authority as may be necessary to enable them to function as units of self-government".

The Panchayati Raj system has its origins in India dating back to the Vedic period (1700 BCE). Mahatma Gandhi advocated for Panchayati Raj as the foundation of India's political system, envisioning a decentralised form of government where each village would be responsible for its own affairs. Rajasthan was the first state to implement it, and Nehru inaugurated the Panchayat Raj in Andhra Pradesh on 11 October 1959. The system was gradually established across India and was modified in 1992 with the 73rd Constitutional Amendment.

The 73rd Amendment established a three-tier system of Panchayati Raj, consisting of the village level, intermediate level, and district level. This provision brought uniformity to the Panchayati Raj structure in India. States with a population below 20 lakhs were given the option to forgo the intermediate level. All members of these three levels are elected, and the chairperson of panchayats at the intermediate and district levels are indirectly elected from among the elected members. The Gram Panchayats have a fixed tenure of five years, and state election commissions are responsible for conducting independent elections.

The 73rd Amendment also addressed inherent weaknesses in the previous system, such as a lack of financial resources, irregular elections, and inadequate representation of scheduled castes/tribes and women. The amendment reserved one-third of the seats for women in basic village councils, leading to a significant increase in women's participation in local governance. It also provided for the reservation of seats for scheduled castes and scheduled tribes in proportion to their population, ensuring better representation for these communities in the decision-making process.

The impact of the 73rd Amendment in rural India has been significant, changing power equations and strengthening local self-governments. The amendment has been celebrated with the central government deciding to observe 24 April as National Panchayati Raj Day annually since 2010.

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The Gram Panchayats have a fixed tenure of 5 years and elections must be held within 6 months of dissolution

The 73rd Amendment Act, passed in 1992, came into effect on 24 April 1993. It added a new chapter to the Indian Constitution, titled 'Part IX: The Panchayats', covering provisions from Article 243 to 243(O). This amendment was significant as it implemented Article 40 of the DPSP, which states that the "State shall take steps to organise village panchayats and endow them with such powers and authority as may be necessary to enable them to function as units of self-government".

The Gram Panchayats, or village panchayats, are the basic units of local administration within the Panchayati Raj system, which functions as a system of governance in India. The 73rd Amendment Act empowered state governments to take the necessary steps for the formalisation of Gram Panchayats, helping them to operate as units of self-governance. This amendment addressed the weaknesses inherent in the previous system, such as a lack of financial resources, irregular elections, and inadequate representation of marginalised groups and women.

The Gram Panchayats have a fixed tenure of 5 years, as established by the 73rd Amendment Act. This amendment provided a mechanism for independent elections to the village panchayats, with state election commissions overseeing the process. The amendment also specified that elections must be held within 6 months of the dissolution of a Panchayat. This provision ensures the continuity of the Panchayati Raj system, even in the event of unforeseen circumstances leading to the dissolution of a Panchayat.

The 73rd Amendment Act has had a positive impact on rural India, significantly changing the power dynamics and strengthening local self-governments. It has brought uniformity to the Panchayati Raj structure across the country, with a three-tier system implemented in most states. The amendment also reserved one-third of the seats for women in basic village councils, leading to increased female participation in local governance.

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The Amendment established the reservation of one-third of seats for women in basic village councils

The 73rd Amendment Act of 1992, which came into effect on 24 April 1993, was a significant step towards strengthening local self-governments in India and empowering women in the Panchayati Raj system. The amendment added a new Part IX titled "The Panchayats" to the Indian Constitution, covering provisions from Article 243 to 243(O).

One of the key features of the 73rd Amendment was its focus on enhancing the role of women in local governance. The amendment established the reservation of one-third of seats for women in basic village councils, known as Gram Panchayats. This move revolutionised the Panchayati Raj system by ensuring a significant increase in women's representation and participation in decision-making processes at the grassroots level.

Prior to the 73rd Amendment, village panchayats in India faced inherent weaknesses, including inadequate representation of marginalised groups such as women, scheduled castes, and tribes. The amendment addressed this issue by mandating the reservation of seats for these underrepresented communities. For women specifically, the amendment ensured not just representation but also empowered them to serve as elected representatives in various positions within the Panchayati Raj system.

The impact of the 73rd Amendment on women's participation in local governance has been profound. Women have taken on roles such as sarpanch (village head) and panchayat members, actively contributing to the development and administration of their villages. The amendment has also encouraged supportive actions from families, with women being encouraged to attend Panchayati Raj Institution (PRI) meetings and take on leadership roles.

The reservation of seats for women in basic village councils under the 73rd Amendment is a testament to India's commitment to promoting gender equality and ensuring that local governments are inclusive and representative of their diverse communities. This move aligns with Mahatma Gandhi's vision of Gram Swaraj, or self-contained and autonomous villages, where women have equal rights and opportunities to participate in governance.

Frequently asked questions

The 73rd Amendment, passed in 1992, added a new chapter to the Indian Constitution called 'Part IX: The Panchayats'.

The Amendment aimed to strengthen local self-governments in India by formalising the Gram Panchayats and helping them operate as units of self-governance.

The Amendment established a three-tier system of Panchayati Raj, with representation at the village, block, and district levels. It also reserved one-third of the seats for women and made provisions for the representation of scheduled castes and tribes.

The 73rd Amendment came into effect on 24 April 1993.

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