Isabella Carter
The 73rd Constitutional Amendment Act was passed in 1992 and came into effect on 24 April 1993. The Act played a major role in decentralising power in India by transferring power from central and state governments to local bodies. The Act also added a new chapter to the Constitution, 'Part IX: The Panchayats', which gave constitutional status to the Panchayati Raj institutions. The Act empowered state governments to take the necessary steps to formalise the gram panchayats and help them operate as units of self-governance.
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What You'll Learn
To empower state governments to formalise gram panchayats
The 73rd Constitutional Amendment Act, passed in 1992 and enacted on 24 April 1993, was designed to empower state governments to formalise gram panchayats and enable them to function as units of self-governance. The act added a new chapter to the Indian Constitution, titled 'Part IX: The Panchayats', which included provisions from Articles 243 to 243(O) and an Eleventh Schedule covering 29 subjects within the functions of panchayats.
The Panchayati Raj institutions were given constitutional status, and it became compulsory for each state to establish them in their territories. The act also made it mandatory for state governments to devolve powers, responsibilities, and authority to the panchayats. This transfer of power from central and state governments to local bodies was a significant step towards decentralisation in India.
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 addressed the weaknesses of the previous system, which included a lack of financial resources, irregular elections, and inadequate representation of marginalised groups and women.
The 73rd Amendment Act invoked Article 40 of the DPSP, which states that "the State shall take steps to organise village panchayats and to endow them with such powers and authority as may be necessary to enable them to function as units of self-government". This amendment upgraded the status of panchayats from non-justiciable to justiciable, placing them under the purview of the Constitution's enforceable provisions.
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To strengthen local self-governments
The 73rd Constitutional Amendment Act was enacted in 1992 and came into effect on 24 April 1993. The Act was passed to strengthen local self-governments in India.
The Act addressed the inherent weaknesses of the existing village panchayat system, which had existed for a long time but lacked the ability to be a truly responsive people's government. These weaknesses included a lack of financial resources, irregular elections, and inadequate representation of marginalised groups and women.
The 73rd Amendment Act aimed to rectify these issues by making the Panchayati Raj institutions constitutional bodies. This amendment added a new chapter to the Constitution, 'Part IX: The Panchayats', which included provisions from Articles 243 to 243(O) and an Eleventh Schedule covering 29 subjects within the functions of Panchayats.
The Act made it compulsory for each state to establish Panchayats in their territories and mandated that state governments devolve powers, responsibilities, and authority to these bodies. The Panchayats were given a fixed tenure of five years, and state election commissions were empowered to conduct independent elections to the village Panchayats.
The 73rd Amendment Act also granted constitutional status to municipalities, bringing them under the purview of the Constitution's justiciable provisions. This included provisions for the constitution and composition of municipalities, with all members being directly elected by the people of the municipal area.
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To constitutionalise the Panchayat Raj system
The 73rd Constitutional Amendment Act, passed in 1992 and enacted on 24 April 1993, was a significant step towards constitutionalising the Panchayat Raj system in India. This system of rural local self-government had existed in various forms across the country for many years, but it lacked formal recognition and faced several challenges.
The Act addressed these issues by adding a new chapter to the Indian Constitution, 'Part IX: The Panchayats'. This amendment gave constitutional status to the Panchayati Raj institutions, elevating them to the level of constitutional bodies. It also invoked Article 40 of the DPSP, which states that "the State shall take steps to organise village panchayats and to endow them with such powers and authority as may be necessary to enable them to function as units of self-government".
The 73rd Amendment made it compulsory for every state to establish panchayats in their territories. It also made it mandatory for state governments to devolve powers, responsibilities, and authority to these local bodies. This transfer of power from central and state governments to the panchayats was a significant step towards decentralisation and strengthening local self-governance.
The Act provided a fixed tenure of five years for the gram panchayats and empowered state election commissions to conduct independent elections to these village panchayats. Additionally, it added an 11th schedule to the Constitution, outlining the 29 subjects over which the panchayats have jurisdiction, and further provisions from Articles 243 to 243(O).
The 73rd Constitutional Amendment Act was a landmark legislation that not only constitutionalised the Panchayat Raj system but also empowered local communities by giving them a voice in decision-making and a platform to address their needs and aspirations.
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To decentralise power in India
The 73rd Constitutional Amendment Act, passed in 1992 and enacted on 24 April 1993, was a significant step towards decentralising power in India. The Act achieved this by transferring power from central and state governments to local bodies, specifically formalising and empowering gram panchayats to operate as units of self-governance.
The Panchayati Raj system, or village panchayats, existed in India before the Act, but they lacked financial resources, regular elections, and adequate representation for marginalised groups and women. The 73rd Amendment addressed these issues by making Panchayati Raj institutions constitutional bodies and mandating that each state establish them in their territories.
The Act added a new chapter to the Constitution, 'Part IX: The Panchayats', which includes the 11th Schedule, outlining the 29 subjects over which the Panchayats have jurisdiction. This amendment invokes Article 40 of the DPSP, which states that "the State shall take steps to organise village panchayats and to endow them with such powers and authority [...] to enable them to function as units of self-government".
The 73rd Amendment also established fixed tenures for gram panchayats, set at five years, and provided state election commissions with the mechanism to conduct independent elections for these local bodies. Additionally, it granted municipalities constitutional status, adding Part IX-A to the Constitution, which outlines the composition and election process for municipalities.
Overall, the 73rd Constitutional Amendment Act was a crucial step in India's efforts to decentralise power, strengthen local self-governance, and enhance the role of Panchayati Raj institutions in the country's democratic framework.
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To grant municipalities constitutional status
The 73rd Constitutional Amendment Act, passed in 1992 and enacted on 24 April 1993, played a significant role in decentralising power in India. The Act granted constitutional status to municipalities, bringing them under the purview of the Constitution's justiciable provisions.
The Act added Part IX-A to the Constitution of India (COI), encompassing provisions from Articles 243P to 243ZG. Additionally, it introduced the 12th Schedule to the COI, outlining 18 functional items within the purview of municipalities. Article 243Q of the COI specifically addresses the constitution of municipalities, including Nagar Panchayat, Municipal Council, and Municipal Corporation. Article 243R stipulates that all members of a municipality are directly elected by the people of the municipal area, which is divided into territorial constituencies known as wards. The formation and composition of ward committees are outlined in Article 243S, detailing the representation of each ward within the Municipality.
The 73rd Amendment Act also introduced the Panchayati Raj system, a form of rural local self-government. This system was formalised through the addition of Part IX, titled "The Panchayats", to the Constitution. The Act made it compulsory for each state to establish Panchayats in their territories and mandated state governments to devolve powers, responsibilities, and authority to them. The Panchayats were granted a fixed tenure of five years, and state election commissions were empowered to conduct independent elections for them.
The 73rd Amendment Act addressed inherent weaknesses in the existing village panchayat system, such as inadequate financial resources, irregular elections, and insufficient representation for marginalised groups and women. By granting constitutional status to municipalities and Panchayats, the Act aimed to strengthen local self-governance and ensure that these institutions functioned as responsive and effective units of self-government.
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Frequently asked questions
The 73rd Constitutional Amendment Act was enacted to strengthen local self-governments in India and to address the weaknesses of the existing village panchayat system.
The village panchayat system, which existed in India prior to the act, had weaknesses such as a lack of financial resources, no regular elections, and inadequate representation for certain groups, including scheduled castes/tribes and women.
The act made Panchayati Raj institutions constitutional bodies and added a new chapter to the constitution, 'Part IX: The Panchayats', which includes the 11th schedule, covering 29 subjects within the functions of panchayats. It also made it compulsory for each state to establish panchayats in their territories and mandated that state governments devolve powers to them.
The 73rd Constitutional Amendment Act was passed in 1992 and came into force on 24 April 1993.
