The 73rd Amendment 1992 added a new Part IX to the Constitution titled "Panchayats" incorporating the provisions of Articles 243 to 243(O); and a new Eleventh Schedule covering 29 subjects within the functions of Panchayats.
Importance of Amendment:
The amendment implements Article 40 of the DPSP which states that "the State shall take steps to organize village panchayats and endow them with such powers and authority as may be necessary to enable them to function as units of self-government". necessary" and have upgraded them from it. is non-equitable to the equitable part of the Constitution and casts a constitutional obligation on the States to implement the Panchayati Raj Acts as per the provisions of Part IX. However, states have been given sufficient freedom to consider their geographical, politico-administrative, and other conditions while adopting the Panchayati Raj system.
Main characteristics:
(a) Gram Sabha: Gram Sabha is a body at the village level consisting of all the persons registered in the voter list belonging to the village included in the area of the Panchayat. Since all the persons in the voter list are members of the Gram Sabha, they are not elected representatives. Furthermore, the Gram Sabha is the only permanent unit in the Panchayati Raj system and is not constituted for a specific period. Though it serves as the foundation of Panchayati Raj, it is not one of the three tiers of the same. The powers and functions of the Gram Sabha are decided by law by the state legislature.
(b) Three Tiers of Panchayati Raj: Part IX provides for a three-tier Panchayat system, which shall be constituted in every State at the village level, the intermediate level, and the district level. This provision brought uniformity in the Panchayati Raj structure in India. However, states that had a population of less than 20 lakhs were given the option of not having an intermediate level.
All the members of these three levels are elected. In addition, the chairpersons of the panchayats at the intermediate and district levels are indirectly elected from among the elected members. But at the village level, the election of the President of the Panchayat (Sarpanch) may be direct or indirect as provided by the State in its Panchayati Raj Act.
(c) Reservation in Panchayats: There is a provision for reservation of seats for Scheduled Castes and Scheduled Tribes at each level of the Panchayat. Seats are to be reserved for Scheduled Castes and Scheduled Tribes at each level in proportion to their population. 1/3rd of the reserved seats should be reserved for women belonging to Scheduled Castes and Scheduled Tribes. One-third of the total seats to be filled by direct election should be reserved for women. An amendment bill is pending which seeks to increase the reservation for women to 50%. The seats reserved for different constituencies in the Panchayat may be allotted by rotation. The State may also provide for reservation for the offices of Speakers by law.
(d) Tenure of the Panchayats: A clear term of 5 years has been provided for the Panchayats and elections must be held before the expiry of the term. However, the Panchayat can be dissolved earlier on specific grounds as per the State Legislations. In that case the election should be held before the expiry of 6 months from the dissolution.
(e) Disqualification of members: Article 243F provides for disqualification from membership. According to this article, any person who is qualified to become a legislator is eligible to become a member of a panchayat, but the minimum age prescribed for a panchayat is 21 years. Further, the disqualification criteria are to be decided by the State Legislature by law.
(f) Finance Commission: The State Government is required to appoint a Finance Commission every five years, which will review the financial position of the Panchayats and make recommendations on the following:
(i) Distribution of taxes, duties, tolls, fees etc. levied by the State to be divided among the Panchayats.
(ii) Allocation of income among different levels.
(iii) Taxes, tolls, fees assigned to Panchayats.
(iv) Grants-in-aid.
This report of the Finance Commission will be placed on the table of the state assembly. In addition, the Central Finance Commission also suggests measures needed to augment the Consolidated Fund of the States to supplement the resources of the Panchayats in the States.
(g) Powers and Functions: 11th Schedule: Requires State Legislatures to make laws to provide powers and authority to Panchayats to enable them to perform the functions of local government. The 11th Schedule ensures the distribution of powers between the State Legislature and the Panchayats.
