Omar Bennett
The 73rd Amendment of the Indian Constitution, which came into effect on 24 April 1993, was a significant step towards strengthening local self-governance in the country. The amendment addressed inherent weaknesses in the existing panchayat system, such as inadequate financial resources and a lack of representation for marginalised communities and women. By standardising village bodies, or gram panchayats, and granting them constitutional status, the amendment empowered these local governments to act as responsive and effective authorities for their constituents.
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What You'll Learn
Gram Sabha constitutional village body
The 73rd Amendment Act, passed in 1992 and coming into effect on 24 April 1993, was a significant step towards strengthening local self-governance in India. The Act addressed inherent weaknesses in the existing system of village panchayats, which had existed for a long time but lacked the necessary resources and representation to effectively serve as people's governments.
One of the key provisions of the 73rd Amendment Act was the formalisation and empowerment of Gram Sabhas, constitutional village bodies that serve as the primary assemblies of the Panchayati Raj system. Gram Sabhas, as defined by Article 243(b) of the Indian Constitution, are general assemblies of all villagers above the age of 18, with their names entered in the voter list. They act as the executive committee of the Gram Panchayat, the basic governing institution of Indian villages.
The Gram Sabha is a permanent body that promotes unity and harmony among all sections of society in the village. It has the power to annul its own decisions and plays a crucial role in implementing development programmes and schemes of the Panchayat. The Gram Sabha identifies beneficiaries for these programmes and schemes, and solicits support in cash, kind, or voluntary labour from the public for community welfare initiatives.
The 73rd Amendment Act ensured that Gram Panchayats became units of self-governance, with the State Election Commission conducting independent elections every five years to elect the Panchayat bodies. This amendment also addressed the issue of inadequate representation of weaker sections and ensured that one-third of all positions in Panchayat institutions were reserved for women. Additionally, the Finance Commission was established to evaluate and distribute finances to local self-governments, addressing the previous lack of financial resources.
Overall, the 73rd Amendment Act played a pivotal role in strengthening local self-governance in India by empowering Gram Sabhas and Gram Panchayats, enhancing their representation, and providing them with the necessary financial resources to serve the needs of their communities effectively.
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Strengthening local self-government
The 73rd Constitutional Amendment Act, passed in 1992 and effective from 24 April 1993, was a significant step towards strengthening local self-government in India. The Act addressed the inherent weaknesses in the existing system of village panchayats, empowering them to function as true representatives of the people.
The Act introduced a new chapter, 'Part IX: The Panchayats', in the Indian Constitution. It made Panchayati Raj institutions constitutional bodies and mandated their establishment at the village, intermediate, and district levels in each state. This three-tier system brought uniformity to the Panchayati Raj structure across India.
One of the key features of the 73rd Amendment was its focus on inclusive representation. It ensured that the weaker sections of society, such as Scheduled Castes and Scheduled Tribes, had equal representation in the Panchayati Raj Institutions (PRIs). Additionally, the Amendment reserved one-third of all seats in panchayat institutions for women, promoting gender parity in local governance.
The Amendment also addressed financial constraints faced by village panchayats. It established a Finance Commission body at the state level to oversee and evaluate the finances of local self-governments, ensuring they had the necessary resources to meet the needs of their constituents.
Furthermore, the 73rd Amendment provided for the establishment of independent State Election Commissions, responsible for conducting elections to the panchayat bodies every five years. This ensured regular elections and maintained the independence of the election process.
The Amendment also added provisions for municipalities, granting them constitutional status and bringing them under the purview of the Constitution's justiciable provisions. This included the establishment of Metropolitan Planning Committees in metropolitan regions to draft improvement plans.
In conclusion, the 73rd Constitutional Amendment Act played a pivotal role in strengthening local self-government in India. It empowered panchayats, ensured inclusive representation, addressed financial constraints, and standardised election processes. These measures transformed the power dynamics in rural India and enhanced the responsiveness of local governance to the needs of the people.
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Panchayati Raj Institutions
The 73rd Constitutional Amendment Act, passed in 1992 and effective as of 24 April 1993, was a significant step towards strengthening local self-governance in India. The act, also known as the Panchayati Raj amendment, focused on empowering Panchayati Raj Institutions (PRIs) and addressing the inherent weaknesses in the existing system of village panchayats.
Standardising Village Panchayats
Prior to the amendment, village panchayats had long existed in India, but they faced challenges such as insufficient financial resources, irregular elections, and inadequate representation for certain groups, including scheduled castes and tribes, and women. The 73rd Amendment aimed to standardise and strengthen the role of these local governing bodies.
Constitutional Recognition of PRIs
A key aspect of the amendment was granting constitutional status to PRIs, elevating them to the level of major constitutional bodies. This change ensured that each state established PRIs at the local, village, and territorial levels, with a three-tier system comprising the village, intermediate, and district levels. The intermediate level could be excluded in states with a population below 20 lakhs.
Enhancing Representation and Inclusion
The amendment introduced mandatory provisions for the representation of scheduled castes, scheduled tribes, and women in PRIs. According to Articles 243B and 243D, seats were reserved for scheduled castes and tribes in proportion to their population, with one-third of the seats allocated to women from these groups. Additionally, one-third of the total number of seats filled through direct elections were reserved for women, addressing the issue of inadequate representation.
Financial Empowerment
Financial empowerment of PRIs was another important feature of the amendment. The establishment of a Finance Commission at the state level was mandated to assess and distribute finances between the state and local governments. This ensured that PRIs had access to the necessary financial resources to meet the needs of their constituents.
Electoral Reforms
The 73rd Amendment introduced electoral reforms to ensure independent and regular elections for PRIs. State Election Commissions were established, independent of the Election Commission of India, to conduct elections every five years. These commissions were responsible for supervising, directing, and controlling the electoral process, as well as preparing and maintaining electoral rolls. The amendment also specified that members of PRIs at all levels would be directly elected by the people, except for chairpersons at the intermediate and district levels, who would be indirectly elected by the elected members.
The 73rd Constitutional Amendment Act played a pivotal role in strengthening local self-governance in India by empowering PRIs, enhancing representation, ensuring financial stability, and introducing electoral reforms. These changes aimed to make PRIs more responsive to the needs of their constituents and improve overall governance at the grassroots level.
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Municipalities constitutional status
The 73rd Amendment Act of 1992, which came into effect on 24 April 1993, was passed to address weaknesses in the existing system of local self-government in India. The act introduced a new chapter to the Constitution, 'Part IX: The Panchayats', which granted constitutional status to municipalities.
The act made it compulsory for every state to establish Panchayati Raj Institutions (PRIs) at the local, village, intermediate, and district levels. The members of these Panchayats would be directly elected by the people, with one-third of the positions reserved for women. The amendment also provided for the establishment of a State Election Commission, which would conduct independent elections for each Panchayat every five years.
The 73rd Amendment Act also addressed the issue of inadequate representation of weaker sections in the previous system, such as scheduled castes and tribes, and other marginalised groups. It ensured that these sections of society would now have equal representation in the PRIs.
Another important feature of the act was the establishment of a Finance Commission to evaluate and distribute finances between the state and municipalities. This addressed the previous issue of a lack of financial resources at the local level.
The 73rd Amendment Act granted constitutional status to municipalities, bringing them under the purview of the Constitution's justiciable provisions. This meant that the municipalities would now function as units of self-governance, with their own powers and responsibilities devolved from the state governments. The act added Part IX-A to the Constitution, which included provisions for the constitution, composition, and functioning of municipalities.
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Election Commission
The 73rd Constitutional Amendment Act, passed in 1992 and effective from 24 April 1993, was significant for India's decentralisation of power. The Act empowered state governments to take steps towards the formalisation of gram panchayats, enabling them to operate as units of self-governance.
The Amendment added a new chapter to the Constitution, 'Part IX: The Panchayats', making Panchayati Raj institutions constitutional bodies. This three-tier system, consisting of village, intermediate, and district levels, was to be established in every state. The Amendment also made it compulsory for each state to establish gram panchayats in their territories, with a fixed tenure of five years.
The role of the Election Commission in the context of this Amendment is outlined in Article 243K. This article establishes the constitution of a State Election Commission with the power to supervise, direct, and control the elections to the Panchayats and prepare electoral rolls. The State Election Commissioner is to be appointed by the Governor and cannot be removed from office except in the same manner and on the same grounds as a Judge of a High Court. This provision ensures the independence of the Election Commission.
The Election Commission plays a crucial role in the conduct of independent elections to the village panchayats. It is responsible for the superintendence, direction, and control of the preparation of electoral rolls and the conduct of elections to the Panchayats. The Commission's independence is further reinforced by provisions regarding the removal of the Election Commissioner, which are designed to protect the integrity of the electoral process.
The 73rd Amendment Act also addresses the issue of inadequate representation of weaker sections, such as scheduled castes, scheduled tribes, and women. It includes provisions for the reservation of seats for scheduled castes and scheduled tribes at every level of the Panchayat, with one-third of the reserved seats allocated to women from these groups. Additionally, out of the total number of seats filled by direct elections, one-third are reserved for women.
In conclusion, the 73rd Constitutional Amendment Act played a pivotal role in decentralising power in India and strengthening local self-governance. The establishment of a State Election Commission, independent of the Election Commission of India, ensured the smooth conduct of elections at the village panchayat level, thereby enhancing the democratic process in the country.
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Frequently asked questions
The 73rd Amendment Act, passed in 1992 and effective as of 24 April 1993, was an amendment to the Indian Constitution that strengthened local self-government and gave constitutional status to municipalities.
The Amendment added a new chapter to the Constitution, 'Part IX: The Panchayats', which included provisions from Articles 243 to 243 O. It also established a State Election Commission, independent of the Election Commission of India, to conduct elections for Panchayats and Municipalities.
The Amendment made it compulsory for every state to establish Panchayats, with direct elections held every five years. It also addressed the issue of non-representation of weaker sections, ensuring equal representation in the Panchayati Raj Institutions (PRIs) and providing for financial support from the State level.
The Amendment added Part IX-A to the Constitution, which included provisions from Articles 243P to 243ZG. It also added the 12th Schedule, outlining 18 functional items within the purview of Municipalities.
Yes, the Amendment does not apply to Nagaland, Meghalaya, Mizoram, Assam, Tripura, certain tribal and scheduled areas, the hill areas of Manipur with district councils, and the Darjeeling district of West Bengal with the Darjeeling Gorkha Hill Council.
