Understanding the 73rd Constitutional Amendment Act, 1992
The 73rd Constitutional Amendment Act, 1992, is a landmark legislation in India that significantly reshaped the landscape of rural local governance. It aimed to provide constitutional status to Panchayati Raj Institutions (PRIs), making them a 'third tier' of government, alongside the Union and State governments. This amendment is crucial for understanding India's federal structure and the empowerment of rural communities.
Key Objectives and Provisions
The primary objective of the 73rd Amendment was to decentralize power and bring governance closer to the people. It introduced Part IX of the Constitution, titled 'The Panchayats', and added the Eleventh Schedule, which contains 29 functional items that Panchayats can undertake. The Act mandates the establishment of Panchayats at the village, intermediate, and district levels in states and union territories.
Uniformity and Structure of Panchayats
The Act mandates a three-tier system of Panchayats: Gram Panchayat at the village level, Panchayat Samiti at the intermediate block level, and Zila Parishad at the district level. However, states with a population not exceeding 20 lakh are exempted from the intermediate tier.
Article 243B of the Constitution states that there shall be constituted in every state, Panchayats at the village, intermediate and district levels in accordance with the provisions of this Part: Provided that in a State having a population not exceeding twenty lakhs, Panchayats at the intermediate level may not be constituted. This ensures a uniform structure while allowing for state-specific adaptations based on population.
Gram Panchayat (village), Panchayat Samiti (intermediate/block), and Zila Parishad (district).
Salient Features of the Amendment
The amendment introduced several crucial features to ensure the effective functioning and autonomy of PRIs. These include regular elections, reservation for Scheduled Castes (SC) and Scheduled Tribes (ST) in proportion to their population, and reservation for women (not less than one-third of the total seats and chairpersons). It also mandates the establishment of State Finance Commissions and District Planning Committees.
| Feature | Provision | Significance |
|---|---|---|
| Uniformity | Three-tier system (village, intermediate, district) | Ensures a consistent structure for local governance across states. |
| Reservations | SC/ST and Women in seats and chairpersons | Promotes social inclusion and representation of marginalized groups. |
| Tenure | Five-year term for Panchayats | Ensures continuity and stability in local governance. |
| Elections | Mandatory regular elections | Guarantees democratic accountability and popular participation. |
| Powers & Functions | Eleventh Schedule (29 items) | Empowers Panchayats to undertake development activities. |
Financial Autonomy and Planning
The Act mandates the creation of State Finance Commissions to review the financial position of Panchayats and recommend devolution of funds from the state to local bodies. It also establishes District Planning Committees to consolidate development plans at the district level.
Article 243-I provides for the constitution of a Finance Commission in every state to review the financial position of the Panchayats and to recommend the principles which should govern the distribution between the State and the Panchayats of the net proceeds of the taxes, duties, tolls and fees leviable by the State which may be divided between them and the allocation between the Panchayats at all levels of their respective shares of such proceeds. Article 243ZD mandates the constitution of District Planning Committees to prepare draft development plans for the district.
The 73rd Amendment is often referred to as the 'Panchayati Raj Act' and is a cornerstone of democratic decentralization in India, aiming to empower rural citizens and foster grassroots development.
The 73rd Constitutional Amendment Act, 1992, fundamentally altered the structure of rural local governance in India by introducing Part IX and the Eleventh Schedule. Part IX outlines the constitutional framework for Panchayats, detailing their establishment, composition, powers, and functions. The Eleventh Schedule lists 29 subjects that Panchayats are empowered to deal with, covering a wide range of rural development activities from agriculture and land reforms to education and health. This dual structure – the constitutional mandate and the functional list – provides the legal and operational basis for Panchayati Raj Institutions.
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Impact and Challenges
The 73rd Amendment has been instrumental in strengthening democratic participation at the grassroots level, increasing the representation of women and marginalized communities, and devolving some administrative and financial powers to local bodies. However, challenges remain, including inadequate devolution of funds and functions, political interference, capacity building of PRI members, and the effective implementation of planning functions.
Inadequate devolution of funds and functions, political interference, and capacity building issues.
Learning Resources
Direct access to the constitutional articles pertaining to Panchayats, providing the legal foundation of the 73rd Amendment.
A detailed analysis of the 73rd Amendment, its objectives, key provisions, and impact on local governance.
An academic paper providing a comprehensive overview of Panchayati Raj Institutions in India, including the role of the 73rd Amendment.
A research paper focusing on the empowerment aspects of Panchayati Raj Institutions, often referencing the 73rd Amendment's impact.
An explanation of the 73rd Amendment Act and its significance for Panchayati Raj, tailored for competitive exam preparation.
A broad overview of the Panchayati Raj system in India, covering its historical evolution and the impact of constitutional amendments.
A World Bank brief discussing decentralization in India, highlighting the role of the 73rd and 74th Amendments.
A video explanation of the 73rd Constitutional Amendment Act, breaking down its key provisions and significance.
A paper discussing the broader context of local governance in India, including the role and challenges of PRIs post-amendment.
The official website of the Ministry of Panchayati Raj, offering resources, schemes, and information related to local governance in India.