Eleanor Finch
The 73rd Amendment Act, also known as the Constitution (Seventy-third Amendment) Act, was passed in India in 1992 and came into effect on 24 April 1993. The Amendment Act played a significant role in decentralising power in India by transferring power from central and state governments to local bodies. The act added a new chapter to the Constitution, 'Part IX: The Panchayats', which made the Panchayati Raj institutions constitutional bodies.
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What You'll Learn
- The 73rd Amendment Act added a new chapter to the Constitution, 'Part IX: The Panchayats'
- It empowered state governments to take steps to formalise the gram panchayats
- The Act made the Panchayati Raj institutions constitutional bodies
- It granted municipalities constitutional status
- The Amendment Act played a major role in decentralising power in India
The 73rd Amendment Act added a new chapter to the Constitution, 'Part IX: The Panchayats'
The 73rd Amendment Act, passed in 1992 and enacted on 24 April 1993, added a new chapter to the Constitution of India, Part IX: The Panchayats. This amendment was a significant step towards decentralising power in India and strengthening local self-governments.
The Panchayati Raj institutions were established as constitutional bodies, with the amendment mandating that every state must constitute Panchayats at the village, intermediate, and district levels. This three-tier system brought uniformity to the Panchayati Raj structure across India, although states with a population of fewer than 20 lakhs were exempt from constituting the intermediate level.
The 73rd Amendment Act addressed the weaknesses of the previous system, which lacked financial resources, regular elections, and adequate representation for marginalised groups and women. To ensure better representation, the Act reserved seats for Scheduled Castes and Scheduled Tribes in proportion to their population at each level of the Panchayats. Additionally, at least one-third of the seats were reserved for women, with provisions to increase this reservation to 50%.
The amendment also provided for the constitution of a State Election Commission, which would supervise, direct, and control the elections to the Panchayats, as well as prepare electoral rolls. The independence of the election commission was maintained, with provisions outlining that the election commissioner could only be removed in a specific manner and on specific grounds.
Furthermore, the 73rd Amendment Act granted municipalities constitutional status, bringing them under the purview of the Constitution's justiciable provisions. This included the addition of Part IX-A to the COI, encompassing Articles 243P to 243ZG, and the 12th Schedule, which outlined 18 functional items within the purview of municipalities.
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It empowered state governments to take steps to formalise the gram panchayats
The 73rd Amendment Act, passed in 1992 and enacted on 24 April 1993, was a significant step towards decentralising power in India and strengthening local self-governance. The act, also known as the Panchayati Raj, added a new chapter to the Indian Constitution, 'Part IX: The Panchayats'.
The act empowered state governments to take steps to formalise the gram panchayats, which existed in India before the act but suffered from inherent weaknesses. These included a lack of financial resources, irregular or absent elections, and inadequate representation of marginalised groups and women. The 73rd Amendment Act addressed these issues by making the Panchayati Raj institutions constitutional bodies and mandating that each state establish panchayats as units of self-governance.
The gram panchayats were given a fixed tenure of five years, and state election commissions were provided with the mechanism to conduct independent elections to the village panchayats. The act also ensured that the weaker sections of society, such as the Scheduled Castes and Scheduled Tribes, were proportionally represented in the panchayats, with a reservation of one-third of the seats for women.
The State Election Commission, independent of the Election Commission of India, was given the responsibility to supervise, direct, and control the elections to the panchayats, as well as prepare the electoral rolls. The 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, ensuring the independence of the commission.
The 73rd Amendment Act brought uniformity to the Panchayati Raj structure in India, mandating a three-tier system at the village, intermediate, and district levels. However, states with a population below 20 lakhs were given the option to exclude the intermediate level. This amendment significantly changed the power equations in rural India, transferring power from central and state governments to local bodies.
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The Act made the Panchayati Raj institutions constitutional bodies
The 73rd Amendment Act, passed in 1992 and enacted on 24 April 1993, introduced a new chapter to the Indian Constitution: Part IX, 'The Panchayats'. This amendment was significant in making the Panchayati Raj institutions constitutional bodies.
The Panchayati Raj system is a three-tier structure, with representation at the village, intermediate, and district levels. The Gram Sabha, a body of all individuals registered on the electoral rolls for a village, forms the foundation of the Panchayati Raj. It is the only permanent unit within the system and is not constituted for a specific period. The 73rd Amendment Act empowered state governments to take the necessary steps towards the formalisation of the gram panchayats, enabling them to function as self-governing units.
The Act brought uniformity to the Panchayati Raj structure across India. It mandated that each state establish Panchayats within their territories, with direct elections to all seats at the village and intermediate levels, as well as to the offices of Chairpersons. The amendment also introduced reservations of seats for Scheduled Castes and Scheduled Tribes, proportional to their population, at each level of the Panchayati Raj. Additionally, it reserved at least one-third of the seats for women, with a pending amendment bill seeking to increase this reservation to 50%.
The 73rd Amendment Act provided for the establishment of independent State Election Commissions, tasked with conducting elections to the village Panchayats. These commissions are responsible for supervising, directing, and controlling the electoral process, as well as preparing electoral rolls. The amendment also introduced provisions for the constitution of a Finance Commission, which would advise on the distribution of finances between the state and municipalities.
The amendment brought about significant changes in rural India, addressing inherent weaknesses in the previous system. It played a pivotal role in decentralising power, transferring it from central and state governments to local bodies, and strengthening local self-governance.
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It granted municipalities constitutional status
The 73rd Amendment Act, passed in 1992 and enacted on 24 April 1993, introduced several significant changes to the Indian Constitution. One of the key aspects of this amendment was its impact on municipalities, granting them constitutional status and bringing them under the purview of the Constitution's justiciable provisions.
The amendment added Part IX, titled 'The Panchayats', to the Indian Constitution. This new part introduced a three-tier system of Panchayati Raj, which included Panchayats at the village, intermediate, and district levels. The amendment made it compulsory for each state to establish these Panchayats as constitutional bodies, with direct elections held for all seats.
The 73rd Amendment Act addressed inherent weaknesses in the previous system of village Panchayats, which lacked financial resources, regular elections, and adequate representation for certain groups. The Act empowered state governments to take the necessary steps to formalise the gram panchayats and enhance their effectiveness as units of self-governance.
One of the notable features of the amendment was the emphasis on inclusion and representation. It reserved seats for Scheduled Castes and Scheduled Tribes in proportion to their population at each level of the Panchayats. Additionally, it mandated that at least one-third of the seats be reserved for women, with a pending amendment bill seeking to increase this reservation to 50%.
The amendment also introduced provisions for the establishment of Gram Sabhas, which consist of all individuals registered in the electoral rolls relating to a village within the area of a Panchayat. Gram Sabhas serve as the foundation of the Panchayati Raj system, providing a permanent unit that is not constituted for a specific period.
By granting constitutional status to municipalities and introducing a range of provisions, the 73rd Amendment Act played a pivotal role in decentralising power in India, transferring authority from central and state governments to local bodies.
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The Amendment Act played a major role in decentralising power in India
The 73rd Amendment Act, also known as the Constitution (Seventy-third Amendment) Act, was passed in 1992 and came into effect on 24 April 1993. This amendment played a pivotal role in decentralising power in India, transferring power from central and state governments to local bodies.
The Act introduced a new chapter in the Constitution, 'Part IX: The Panchayats', making the Panchayati Raj institutions constitutional bodies. Panchayats are village or group-of-villages local governments that existed in India long before the Act was passed, but they lacked financial resources, regular elections, and adequate representation for marginalised groups and women. The 73rd Amendment Act aimed to address these issues and strengthen local self-governance.
Under the Act, it became compulsory for each state to establish Panchayats in their territories. The Panchayats are to be constituted at the village, intermediate, and district levels, with direct elections to all seats, including the offices of Chairpersons. The Act mandates that one-third of the seats be reserved for women, and that Scheduled Castes and Scheduled Tribes also have seats reserved in proportion to their population at each level.
The State Election Commissions were empowered to conduct independent elections to the village Panchayats, and the independence of these commissions was ensured by provisions regarding the removal of election commissioners. The Panchayats were given a fixed tenure of five years, and the State Legislatures were to devolve powers, responsibilities, and authority upon them, including the preparation of plans for economic development and social justice.
The 73rd Amendment Act thus played a significant role in decentralising power in India by formalising the gram panchayats and enabling them to function as effective units of self-governance.
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Frequently asked questions
The 73rd Amendment Act was passed in 1992 and came into effect on 24 April 1993.
The act aimed to strengthen local self-governments in India by transferring power from central and state governments to local bodies. It also sought to address the weaknesses of the existing village panchayat system, which included a lack of financial resources, irregular elections, and inadequate representation for marginalised groups and women.
The act added a new chapter to the Indian Constitution, 'Part IX: The Panchayats'. It made Panchayati Raj institutions constitutional bodies, mandating every state to establish panchayats with a fixed tenure of 5 years. It also reserved seats for Scheduled Castes, Scheduled Tribes, and women, with at least one-third of seats allocated to women.
