Jonah Patel
The 73rd and 74th Constitutional Amendments in India were passed in 1992 and enacted in 1993, and they represent landmark reforms aimed at strengthening local bodies and decentralizing power. The 73rd Amendment, which came into force on 24 April 1993, focuses on rural areas and Panchayati Raj institutions, while the 74th Amendment, enacted on 1 June 1993, addresses urban local bodies, particularly municipalities. These amendments have empowered local communities by granting them greater decision-making power and access to resources, thus promoting a more democratic and participatory form of governance.
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What You'll Learn
The 73rd Amendment's role in empowering rural local bodies
The 73rd Amendment, along with the 74th Amendment, was enacted with the goal of establishing a more democratic form of governance in India. The Amendment acts were introduced to decentralise power and transfer it from central and state governments to local bodies. This move empowered rural local bodies, specifically in the following ways:
Constitutional Status and Recognition of Local Governments: The 73rd Amendment granted constitutional status to Panchayati Raj Institutions (PRIs), which are the local governance bodies in rural areas. This brought PRIs under the purview of the Constitution's justiciable provisions, providing them with legal recognition and protection.
Decentralisation of Power: The Amendment mandated the establishment of PRIs at the village, block, and district levels, thereby decentralising governance and bringing decision-making closer to the people. This decentralisation was in line with the recommendations of the Balwant Rai Mehta Committee, which emphasised the importance of community involvement in planning, decision-making, and implementation for effective community development.
Grassroots Democracy and Participation: The establishment of Gram Sabhas or village assemblies as deliberative bodies within the PRIs promoted grassroots democracy. The members of PRIs, including village, intermediate, and district-level Panchayats, are directly elected by the people, ensuring that local communities have a direct say in their governance.
Reservation for Marginalised Groups: The Amendment includes provisions for reserving seats for Schedule Castes, Schedule Tribes, and women in PRIs. One-third of the positions in all panchayat institutions are reserved for women, promoting gender equality in local governance. Additionally, the State legislature has the power to make reservations in favour of the backward classes in municipalities.
Financial Autonomy: The Amendment provides for the constitution of Finance Commissions to advise on the distribution of finances between the State and municipalities and determine aid subsidies. This aspect empowers local bodies by ensuring they have a say in fiscal matters and access to resources for development initiatives.
Overall, the 73rd Amendment played a pivotal role in empowering rural local bodies by providing them with constitutional recognition, decentralising power, promoting grassroots democracy, ensuring representation for marginalised groups, and granting a degree of financial autonomy. These measures strengthened local governance and aimed to address the challenges of rural poverty and governmental crises in India.
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The 74th Amendment's focus on urban local bodies
The 73rd and 74th Constitutional Amendment Acts were introduced in India to create a more democratic form of governance. The acts, which came into force in 1993, played a significant role in decentralising power by transferring it from central and state governments to local bodies.
The 74th Amendment, also known as the Nagarpalika Act, is particularly focused on empowering urban local bodies (ULBs) or city governments as the lowest unit of governance in cities and towns. This amendment mandates that power be given to the people via local bodies, referred to as municipalities. These municipalities include Municipal Corporations, Councils, and Nagar Panchayats, which are elected regularly and play a decisive role in planning, providing, and delivering services.
The amendment has granted constitutional status to these municipalities, bringing them under the purview of the Constitution's justiciable provisions. It has introduced a new Part IX-A in the Constitution, encompassing Articles 243P to 243ZG. Article 243Q deals with the establishment of three kinds of municipalities in every state: Nagar Panchayats for transitional areas between rural and urban; Municipal Councils for smaller urban areas; and Municipal Corporations for larger urban areas.
The 74th Amendment also outlines the composition of these municipalities, stating that all members are directly elected by the people of the municipal area, which is divided into territorial constituencies known as wards. Each ward is represented in the Municipality by a Ward Committee. Additionally, the amendment provides for the establishment of a State Election Commission, independent of the Election Commission of India, to conduct elections for every Municipal Corporation for a term of five years.
Furthermore, the amendment includes an illustrative list of functions that may be entrusted to the municipalities, known as the Twelfth Schedule of the Constitution. This schedule outlines 18 new tasks in the functional domain of the ULBs, including matters related to the imposition of taxes, duties, fees, and grants-in-aid. It also makes provisions for the constitution of a Finance Commission to review the financial position of the municipalities and advise on the distribution of finances between the state and municipality.
Overall, the 74th Amendment has significantly strengthened and enhanced the transparency of local bodies in urban areas, providing them with the power to legislate and implement schemes for economic development and social justice.
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Decentralisation of power and the Panchayati Raj system
The 73rd and 74th Constitutional Amendments in India were introduced to foster a more democratic form of governance by transferring power from central and state governments to local bodies. These amendments, which came into force in 1993, brought about the decentralisation of power and significantly impacted the Panchayati Raj system.
The Panchayati Raj system, or the "system of rural local self-government", was constitutionally mandated by the 73rd Amendment. This amendment applies to rural local governance across India, with the exception of certain areas, including Nagaland, Meghalaya, and Mizoram, as well as scheduled and tribal areas. The amendment introduced a three-tier structure, with Panchayats at the village, intermediate, and district levels, directly elected by the people. The chairman of the Panchayat at the intermediate and district levels is elected indirectly from among the elected members. Seats are reserved for Schedule Castes and Schedule Tribes, and one-third of the positions are reserved for women.
The 73rd Amendment empowered the Panchayats by granting them several powers and responsibilities. They are responsible for economic development and social justice, implementing central and state schemes for rural development, and making decisions on local issues such as water supply, agriculture, and minor irrigation. This amendment provided Panchayats with a more stable source of funding and greater authority, transforming them from weak and ineffective institutions into empowered local governments.
The 74th Amendment, on the other hand, focused on urban local bodies, particularly municipalities. It granted constitutional status to municipalities, bringing them under the purview of the Constitution's justiciable provisions. This amendment applies to all urban areas in India, with some exclusions similar to the 73rd Amendment. The Municipalities are responsible for urban planning and infrastructure development, such as roads, drainage, water supply, and waste management.
In conclusion, the 73rd and 74th Constitutional Amendments played a pivotal role in decentralising power and strengthening local bodies in India. The Panchayati Raj system, empowered by the 73rd Amendment, transformed rural local governance by providing Panchayats with constitutional protection, resources, and decision-making authority. Simultaneously, the 74th Amendment elevated municipalities to constitutional status, enhancing their role in urban planning and development. These amendments promoted inclusive democracy by ensuring that power and resources are distributed to the grassroots level, thereby empowering citizens and improving public services.
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Constitutional status for municipalities
The 73rd and 74th Constitutional Amendments in India were passed in 1992 and enacted in 1993, introducing significant changes to the country's governance structure. While both amendments shared the goal of decentralising power and promoting local self-government, they differed in their focus, with the 73rd Amendment targeting rural areas and the 74th focusing on urban regions.
The 74th Amendment is particularly notable for granting constitutional status to municipalities, bringing them under the umbrella of the Constitution's justiciable provisions. This elevation of municipalities to constitutional entities marked a pivotal moment in India's democratic journey, empowering these local bodies and ensuring their recognition as institutionalised bodies with legitimate authority.
The amendment introduced Part IX-A to the Constitution of India (COI), encompassing provisions from Articles 243P to 243ZG. Additionally, it appended a 12th schedule to the COI, outlining 18 functional items within the purview of municipalities. This schedule clarified and expanded the responsibilities of municipalities, ensuring their authority in these areas.
Article 243Q of the COI delineates the constitution of Municipalities, encompassing Nagar Panchayat, Municipal Council, and Municipal Corporation. The composition of these municipalities is addressed in Article 243R, which emphasises the direct election of all members by the people of the respective municipal area. This area is subdivided into territorial constituencies known as wards, and the representation of these wards in the Municipality is facilitated by ward committees, as outlined in Article 243S.
The 74th Amendment also made provisions for financial autonomy and election procedures for municipalities. Article 243Y establishes a Finance Commission to advise on finance distribution between the state and municipalities and determine aid subsidies. Furthermore, Article 243ZA mandates the creation of a State Election Commission, independent of the Election Commission of India, tasked with conducting elections for Municipal Corporations every five years.
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Strengthening grassroots democracy
The 73rd and 74th Constitutional Amendments in India were introduced to foster a more democratic form of governance by transferring power from central and state governments to local bodies. These amendments, which came into force in 1993, were a significant step towards strengthening grassroots democracy and empowering citizens at the local level.
The 73rd Amendment focused on rural areas and Panchayati Raj institutions, while the 74th Amendment addressed urban local bodies, such as municipalities. The Panchayati Raj system, as outlined in the 73rd Amendment, mandates the establishment of a three-tier structure at the village, intermediate, and district levels, with direct elections held for each. This system ensures that local communities have a direct say in decision-making, promoting inclusive democracy. Additionally, the amendment empowers Panchayats to make decisions on local issues, such as water supply and agriculture, and to implement central and state schemes for rural development.
The 74th Amendment, on the other hand, introduced provisions for urban local governance. It grants constitutional status to municipalities, bringing them under the purview of the Constitution's justiciable provisions. This amendment ensures that members of municipalities are directly elected by the people of the municipal area, fostering a more participatory form of governance. Municipalities are responsible for urban planning and infrastructure development, addressing the needs of their respective urban areas.
Both amendments have had a significant impact on decentralising power and strengthening grassroots democracy. They have provided local bodies with constitutional recognition, stability in funding, and enhanced powers to perform their functions effectively. The reservation of seats for women and proportional representation for Schedule Castes and Schedule Tribes further contribute to inclusive democracy at the grassroots level.
The 73rd and 74th Constitutional Amendments have played a pivotal role in empowering local communities and promoting democratic values at the grassroots level in India. These amendments have facilitated the transfer of power and resources to local bodies, enabling them to address the specific needs of their communities and fostering a more inclusive and participatory democratic process.
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Frequently asked questions
These Amendments were introduced to create a more democratic form of governance by decentralising power and transferring it from central and state governments to local bodies. They also brought Panchayati Raj institutions and municipalities under constitutional protection, strengthening local governance.
The 73rd Amendment pertains to rural areas and Panchayati Raj institutions, while the 74th Amendment focuses on urban local bodies, such as municipalities. The 73rd Amendment introduced Part IX of the Constitution, dealing with Panchayats, while the 74th Amendment introduced Part IX-A, dealing with Municipalities.
The 73rd Amendment came into force on 24 April 1993, and the 74th Amendment came into force on 1 June 1993.
