NOTES


IAS Prelims > General Studies > Local Government

the Constitutional (73rd Amendment) Act 1992



Ans.

·         The idea which produced the 73rd Amendment was not a response to pressure from the grassroots, but to an increasing recognition that the institutional initiatives of the preceding decade had not delivered, that the extent of rural poverty was still much too large and thus the existing structure of government needed to be reformed. It is interesting to note that this idea evolved from the Centre and the state governments.

·         It was a political drive to see PRIs as a solution to the governmental crises that India was experiencing. The Constitutional (73rd Amendment) Act, passed in 1992 by the Narasimha Rao government, came into force on April 24, 1993. It was meant to provide constitutional sanction to establish "democracy at the grassroots level as it is at the state level or national level". Its main features are as follows:

·         The Gram Sabha or village assembly as a deliberative body to decentralised governance has been envisaged as the foundation of the Panchayati Raj System.

·         A uniform three-tier structure of panchayats at village (Gram Panchayat — GP), intermediate or block (Panchayat Samiti — PS) and district (Zilla Parishad — ZP) levels.

·         All the seats in a panchayat at every level are to be filled by elections from respective territorial constituencies.

·         Not less than one-third of the total seats for membership as well as office of chairpersons of each tier have to be reserved for women.

·         Reservation for weaker castes and tribes (SCs and STs) have to be provided at all levels in proportion to their population in the panchayats.

·         To supervise, direct and control the regular and smooth elections to panchayats, a State Election Commission has to be constituted in every State and UT.

·         The Act has ensured constitution of a State FinanceCommission in every State/UT, for every five years, to suggest measures to strengthen finances of panchayati raj institutions.

·         To promote bottom-up-planning, the District Planning Committee (DPC) in every district has been accorded constitutional status.

·         An indicative list of 29 items has been given in Eleventh Schedule of the Constitution. Panchayats are expected to play an effective role in planning and implementation of works related to these 29 items.

·        

The 3-tier system of Panchayati Raj consists:

1.       Village-level Panchayats

2.       Block-level Panchayats

3.       District-level Panchayats.

In the history of Panchayati Raj in India, on 24 April 1993, the Constitutional (73rd Amendment) Act 1992 came into force to provide constitutional status to the Panchayati Raj institutions. This act was extended to Panchayats in the tribal areas of eight states, namely Andhra Pradesh, Gujarat, Himachal Pradesh, Maharashtra, Madhya Pradesh, Odisha and Rajasthan starting 24 December 1996. Currently, the Panchayati Raj system exists in all the states except Nagaland, Meghalaya and Mizoram, and in all Union Territories except Delhi.

·         The Act aims to provide a 3-tier system of Panchayati Raj for all States having a population of over 2 million, to hold Panchayat elections regularly every 5 years, to provide seats reservations for scheduled castes, scheduled tribes and women; to appoint a State Finance Commission to make recommendations as regards to the financial powers of the Panchayats and to constitute a District Planning Committee to prepare a development plan draft for the district. Powers and responsibilities are delegated to panchayats at the appropriate level:

·         Preparation of the economic development plan and social justice plan.

·         Implementation of schemes for economic development and social justice in relation to 29 subjects given in the Eleventh Schedule of the Constitution.

·         To levy and collect appropriate taxes, duties, tolls and fees.


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Notes of Local Government



  1. Panchayati Raj System
    see in detail

  2. Qualifications for membership:
    see in detail

  3. Powers and Functions of Panchayats
    see in detail

  4. the Constitutional (73rd Amendment) Act 1992
    see in detail

  5. Block panchayat
    see in detail