Constitutional Amendments on Local Governance

Study Notes

The 64th Constitutional Amendment Bill, 1989 proposed a three-tier structure for local governments in states with populations exceeding 20 lakhs.
It aimed to reserve seats for Scheduled Castes/Tribes and Women, with reservations for the former being proportional to their population and 30% for women.
The Bill mandated elections every five years and defined specific powers for Panchayati Raj Institutions.
The Election Commission was tasked with conducting elections.
The 64th Amendment Bill was not enacted.
A subsequent Constitutional Amendment Bill in 1990 focused on both Panchayati Raj Institutions and Urban Local Bodies, but was left incomplete, leaving details to state enactments.

The 73rd and 74th Constitutional Amendments were passed in 1992, granting constitutional status to rural (Panchayati Raj Institutions) and urban (Municipalities) local bodies.
The 73rd Amendment added Part IX (Articles 243-243-O) and the 11th Schedule to the Constitution.
The Amendment came into effect after ratification by half of the state assemblies and presidential assent on April 24, 1993.
The Act stipulated that state governments should amend their existing Panchayati Raj Acts to incorporate the 73rd Amendment provisions within a year of its enactment.

Gram Sabha: Article 243-A establishes the Gram Sabha, comprised of all registered voters in the Sabha area. It is vested with powers and functions specified by state legislature.
Three-Tiered Panchayati Raj Institutions: Article 243-B outlines a three-tier structure for Panchayats in all states: Gram Panchayat (village level), Panchayat Samiti (block level), and Zila Parishad (district level).
Composition of Panchayats: Article 243-C specifies that all seats in Panchayats are to be filled through direct elections from territorial constituencies.
Eleventh Schedule: Lists 29 subjects that fall under Panchayati Raj Institutions, covering areas such as agriculture, land reforms, rural development, education, health, social welfare, and infrastructure.
Punjab Panchayati Raj Act, 1994: This Act replaced previous legislation in Punjab to incorporate the provisions of the 73rd Constitutional Amendment Act.

Gram Sabha: Following the 73rd Amendment, Gram Sabhas obtained a constitutional mandate and regular meetings became compulsory.
The Act aimed at democratic decentralization of power to local governments, in line with Article 40 of the Constitution that advocates for organizing village Panchayats and granting them autonomy.
The Amendment contributed to strengthening the Panchayati Raj system, promoting self-governance at the local level.

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