Constitutional Amendment: The Year Of Rural Self-Governance

when was the 73rd constitutional amendment made

The 73rd Constitutional Amendment Act, passed in 1992, came into effect on 24 April 1993. The Act aimed to strengthen local self-government in India by formalising the Gram Panchayats, which had existed for a long time but lacked financial resources and adequate representation. The Amendment established a three-tier system of Panchayati Raj, with representation at the village, block, and district levels, and made it compulsory for each state to establish these bodies. The Act also reserved one-third of the seats for women, significantly increasing their participation in local governance.

Characteristics Values
Year of Amendment 1992
Date Amendment Came into Force 24 April 1993
Amendment Number 73rd
Amendment Type Constitutional
Amendment Purpose To strengthen the government at the local-self level and transfer powers related to the village level from the central government to local government
Amendment Provisions Gram Sabha is a constitutional village body with powers assigned by the State Legislature
Amendment Provisions State Election Commission to supervise, direct and control independent elections for electing panchayat bodies in different territories of the state government
Amendment Provisions Three-tier system of Panchayati Raj for all states with a population of over 2 million
Amendment Provisions Elections to be held every five years
Amendment Provisions Reservation of seats for scheduled castes and tribes at every level of the panchayat
Amendment Provisions One-third of seats reserved for women
Amendment Provisions Finance Commission body at the state level to evaluate finances of local self-government
Amendment Provisions Panchayati Raj Institutions to be set up at three levels of state: village, intermediate and district

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The amendment was passed in 1992 and came into effect in 1993

The 73rd Amendment Act, also known as the Constitutional (73rd Amendment) Act, was passed in 1992 and came into effect on 24 April 1993. The Act was passed to address certain issues and strengthen local self-governments in India. It added a new chapter to the Constitution, 'Part IX: The Panchayats', which included provisions from Articles 243 to 243O and a new Eleventh Schedule covering 29 subjects within the functions of Panchayats.

The 73rd Amendment Act transformed the role of women in the Panchayati Raj system, which functions as a system of governance in which gram panchayats are the basic units of local administration. The Amendment established the reservation of one-third of seats for women in basic village councils, leading to a significant increase in women's participation in local governance. It also provided for the devolution of powers and responsibilities to the panchayats, giving them the authority to prepare economic development plans and implement social justice initiatives.

The Act also made it compulsory for every state to establish panchayats in their territories and mandated state governments to devolve powers and responsibilities to these panchayats. It standardised the village bodies of gram panchayats and gave them the status of local self-government. The gram panchayat is now considered the foundation of the Panchayati Raj system, carrying out the functions and powers assigned by the State Legislatures.

The 73rd Amendment Act also introduced a fixed tenure of five years for the gram panchayats and provided state election commissions with the mechanism to conduct independent elections. It addressed the issue of non-representation of weaker sections of society, ensuring equal representation in the Panchayati Raj Institutions (PRIs) of various villages. Additionally, it resolved the problem of inadequate financial resources by mandating the Finance Commission body at the state level to evaluate the finances of local self-government.

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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, titled 'The Panchayats'. This amendment was brought about by the central government to address the weaknesses of the existing panchayat system and strengthen local self-governments in India.

The Panchayati Raj system, which means 'system of village self-governance', has existed in India since the Vedic period (1700 BCE). Mahatma Gandhi advocated for this system as the foundation of India's political system, envisioning it as a decentralised form of government where each village would be responsible for its own affairs. In 1959, Jawaharlal Nehru inaugurated the Panchayat at Nagaur on Gandhi's birthday, and the system was gradually established across India.

Despite its long history, the panchayat system had inherent weaknesses prior to the 73rd Amendment Act. These included a lack of financial resources, inadequate representation of weaker sections like scheduled castes and tribes, and women, and the absence of regular elections. The 73rd Amendment Act aimed to resolve these issues by standardising the village bodies of Gram Panchayats and elevating them to the status of local self-government.

The key features of the amendment include:

  • Constitutional Status: The Panchayati Raj Institutions (PRIs) were accorded the status of major constitutional bodies.
  • Establishment of Panchayats: Every state was mandated to establish Panchayats in their territories, operating at the village, intermediate, and district levels.
  • Devolution of Powers: State governments were required to devolve powers, responsibilities, and authority to the Panchayats, including the preparation of economic development plans and social justice initiatives.
  • Fixed Tenure: Gram Panchayats were given a fixed tenure of five years, with independent elections conducted by the State Election Commission to ensure democratic representation.
  • Improved Representation: The amendment reserved one-third of seats for women in basic village councils, significantly increasing women's participation in local governance. It also ensured adequate representation for scheduled castes and tribes.
  • Financial Autonomy: The Finance Commission body at the state level was tasked with evaluating the finances of local self-governments, addressing the previous issue of inadequate financial resources.

The 73rd Amendment Act, which came into effect on 24 April 1993, transformed the panchayat system in India by empowering local governments and ensuring they functioned as responsive and effective units of self-governance.

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The act standardised the village bodies of Gram Panchayats

The 73rd Amendment Act, also known as the Panchayati Raj, was passed in 1992 and came into effect on 24 April 1993. The act standardised the village bodies of Gram Panchayats, which had existed in India in various forms for centuries. Mahatma Gandhi advocated for Gram Swaraj, or self-contained and autonomous villages, as the foundation of India's political system. He envisioned a decentralised form of government where each village would be responsible for its own affairs.

The 73rd Amendment Act formalised this concept by providing constitutional status to the Panchayati Raj institutions and establishing a three-tier system: Gram Panchayat at the village level, Panchayat Samiti at the block level, and Zila Parishad at the district level. This system was adopted by most states in India, except Nagaland, Meghalaya, and Mizoram, and in all Union Territories except Delhi.

One of the key features of the 73rd Amendment Act was its focus on empowering local self-governments and ensuring that they were responsive to the needs of the people. This was achieved by addressing inherent weaknesses in the previous system, such as the lack of regular elections, insufficient representation of marginalised groups, and inadequate devolution of powers. The act made it compulsory for every state to establish panchayats in their territories and mandated state governments to devolve powers, responsibilities, and authority to these local bodies.

The Gram Panchayats were now constitutionally obligated to conduct elections every five years, with direct elections to all seats and reserved seats for Scheduled Castes, Scheduled Tribes, and women. The amendment established a reservation of one-third of the seats for women in basic village councils, significantly increasing their participation in local governance.

The 73rd Amendment Act also provided the Gram Panchayats with the ability to levy and collect taxes, duties, tolls, and fees, further empowering them to function as effective units of self-governance. This act standardised the village bodies of Gram Panchayats across India, strengthening local administration and giving power back to the people.

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It established a State Election Commission to conduct independent elections for the village panchayats

The 73rd Constitutional 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 the inherent weaknesses of the village panchayat system, which had existed for a long time but lacked the ability to act as a true people's government.

One of the key features of the 73rd Amendment was the establishment of a State Election Commission, tasked with conducting independent elections for the village panchayats. This provision, introduced through Article 243-B of the Indian Constitution, empowered the State Election Commission to supervise, direct, and control the election process, ensuring that panchayats were elected every five years.

The State Election Commission played a crucial role in maintaining the independence of the election process, with the election commissioner appointed by the Governor. This ensured that the election commissioner could only be removed in a manner and on the same grounds as a Judge of the High Court, safeguarding their position from political interference.

The establishment of the State Election Commission brought much-needed standardization to the election process for village panchayats. It ensured that elections were held regularly and that the panchayats themselves had fixed tenures of five years. This promoted stability and continuity in local governance.

Furthermore, the State Election Commission addressed the issue of non-representation of weaker sections of society. Through the 73rd Amendment, these sections gained equal representation in the Panchayati Raj Institutions (PRIs) of various villages. This amendment also resolved financial constraints by mandating that the Finance Commission body at the state level evaluate the finances of local self-governments.

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The amendment reserved one-third of seats for women in basic village councils

The 73rd Constitutional Amendment Act was passed in 1992 and came into effect on 24 April 1993. The Act empowered state governments to take steps to formalise gram panchayats and help them operate as units of self-governance.

The 73rd Amendment established the Gram Sabha as the foundation of the Panchayat Raj System, with a three-tier system of local governance consisting of village, intermediate, and district levels. The amendment also provided for a 50% reservation of seats for women in every panchayat, with a sub-quota of 33% for women from scheduled castes and scheduled tribes. This ensured that at least one-third of the total number of seats filled by direct election in every panchayat was reserved for women, with the ability to allot these seats by rotation to different constituencies.

The reservation of seats for women in basic village councils has led to women serving as elected representatives in various positions, including as sarpanch (village head) and panchayat members. This has been supported by their families, encouraging women to attend every PRI meeting.

Frequently asked questions

The 73rd Constitutional Amendment Act was passed in 1992.

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

The 73rd Constitutional Amendment Act aimed to strengthen local self-government in India by addressing the weaknesses of the existing panchayat system. This included issues such as a lack of financial resources, inadequate representation of marginalised communities, and the absence of regular elections.

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