73rd Amendment & Panchayati Raj

73rd Amendment & Panchayati Raj

Panchayati Raj

Meaning and Constitutional Basis

• The term 'Panchayati Raj' in India signifies the system of rural self-government.

• The subject of 'Local Government' is mentioned in the State List under the Seventh Schedule of the Constitution.

Constitutionalisation and Implementation

• Panchayati Raj was constitutionalised through the 73rd Constitutional Amendment Act of 1992.

• This bill was passed by the Lok Sabha on 22 December 1992 and by the Rajya Sabha on 23 December 1992. Later, it was approved by the 17 state assemblies and received the assent of the President on April 23, 1993.

• This Act has become effective w.e.f. 24 April, 1993.

• 24 April is observed as 'Panchayati Raj Diwas' since 2010 (First time by P.M. Dr. Manmohan Singh).

Key Provisions

• This act has added a new Part-IX to the Constitution. This part is entitled 'The Panchayats'. It consists of provisions from Articles 243 to 243 O.

• This act has also added a new Eleventh Schedule to the Constitution.

• This Schedule contains 29 functional items of the panchayats. It deals with Article 243-G.

Three-Tier System of Panchayat

Structure of Panchayats

Part IX of the Constitution envisages a three-tier system of Panchayat:

i. Panchayat at the village level

ii. The District Panchayat at the district level

iii. The Intermediate Panchayat in States where the population is above 20 lakhs

Elections and Gram Sabha

All the seats in a Panchayat are filled by direct election.

• The electorate is named 'Gram Sabha'.

• Gram Sabha is a village assembly consisting of all the registered voters in the area of a panchayat.

• The members of panchayats at the village, intermediate, and district levels shall be elected directly by the people.

Leadership and Reservations

• The chairperson of panchayats at the intermediate and district levels (Zila Parishad) shall be elected indirectly by and from amongst the elected members thereof.

• 'Sarpanch' presides over the meeting of Gram Sabha even in Schedule Areas.

• The Chairperson of a Panchayat at the village level is elected according to the law passed by the State.

Seats are reserved in the Panchayat for Scheduled Castes (SC) and Scheduled Tribes (ST) in proportion to their population. [Art 243D]

PESA Act of 1996 (Extension Act)

Applicability and Purpose

• The provisions of Part IX of the Constitution relating to the Panchayats do not apply to the Fifth Schedule areas. However, the Parliament may extend these provisions to such areas.

• Under this provision, the Parliament has enacted the "Provisions of the Panchayats (Extension to the Scheduled Areas) Act", 1996, popularly known as the PESA Act or the Extension Act.

• Ten states – Andhra Pradesh, Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, Madhya Pradesh, Maharashtra, Odisha, Rajasthan, and Telangana – have Fifth Schedule Areas (till 2016).

Reservations and Membership

• Out of the reserved seats, 1/3 is reserved for women belonging to the Scheduled Castes and the Scheduled Tribes.

• 1/3 of the total seats to be filled by direct election in every Panchayat is reserved for women.

• A State can make a similar reservation for Chairpersons in the Panchayats.

• Every Panchayat can continue for 5 years from the date of its first meeting. It can be dissolved earlier in accordance with State law.

• A Panchayat reconstituted after premature dissolution continues only for the remainder of the period. But if the remainder of the period is less than 6 months, it is not necessary to hold elections.

• All persons above 21 years of age and qualified to be a member of the State Legislature are qualified as a member of a Panchayat. [Article 243]

Tenure, Powers, and Financial Authority

• Panchayats can be entrusted to prepare and implement plans for economic development and social justice.

• A State can authorize a Panchayat to levy, collect, and appropriate taxes, duties, tolls, etc.

• After the 73rd Amendment of the Constitution (24 April 1993), every 5 years, the States appoint a Finance Commission to review the financial position of the Panchayats and make recommendations.

State Election Commission, consisting of a State Election Commissioner, is appointed by the Governor for superintendence, direction, and control of elections to Panchayats. [Art. 243K]

Historical Background

Early Initiatives

• The Community Development Programme was launched on Oct. 2, 1952.

• The Democratic Decentralisation was implemented for the first time in 1958 in some areas of Andhra Pradesh on an experimental basis.

• The Panchayati Raj was introduced on Oct. 2, 1959, in Nagaur District of Rajasthan by the Prime Minister Jawaharlal Nehru.

Implementation Across States

• Rajasthan is the first state in India where Panchayat Raj was implemented in the whole state. Rajasthan was followed by Andhra Pradesh, which also adopted the system in 1959.

Committees and Recommendations

• The Report of L.M. Singhvi Committee on Revitalization of Panchayati Raj Institutions, Government of India, 1986, focuses on an integrated vision of democracy ascent and ennui of Panchayati Raj momentum.

• The Committee takes the Indian villages and the Gram Sabha as the republican base of our democratic nation. It considers the Gram Sabha as the embodiment of direct democracy. It has recommendations on Nyays Panchayats and integrated administrative structures.

• A sub-committee of the consultative committee of Parliament was constituted in 1988 under the chairmanship of P.K. Thungon, which made recommendations for the first time that 'the Panchayati Raj bodies should be constitutionally recognised'.

But the recommendations of the Gadgil Committee constituted in 1988 under the chairmanship of V.N. Gadgil became the basis for drafting an amendment bill aimed at conferring the constitutional status and status protection to the Panchayati Raj institutions.

Committees Related to Panchayati Raj

Committees Related to Panchayati Raj (After Constitutionalisation)

Final Thoughts

The Panchayati Raj system represents the foundation of democracy in rural India, ensuring local self-governance and people’s participation in decision-making. The 73rd Constitutional Amendment Act, 1992 gave constitutional status to Panchayati Raj, making it a three-tier system at the village, intermediate, and district levels.

Provisions like reservations for women and marginalized groups, direct elections, and financial powers strengthened its role in rural development. The PESA Act, 1996 further extended its reach to Scheduled Areas, protecting the rights of tribal communities.

Over the years, various committees like the L.M. Singhvi Committee and the Gadgil Committee contributed significantly to its growth. Today, Panchayati Raj stands as a symbol of grassroots democracy, empowering rural citizens to shape their own future through self-governance and inclusive development.