73rd Constitutional Amendment Act PDF

1 Chapter – 7 73rd Constitutional Amendment Act - Provisions and its Impact Objective The objective of this chapter is to make the students understand: 1. Constitution Recognition; 64th Constitutional Amendment Bill, 1989; Consti...

1 Chapter – 7 73rd Constitutional Amendment Act - Provisions and its Impact Objective The objective of this chapter is to make the students understand: 1. Constitution Recognition; 64th Constitutional Amendment Bill, 1989; Constitutional Amendment Bill, 1990. 2. 73rd Constitutional Amendment Act; 3. Eleventh Schedule; 4. Implications; 5. Shortcomings; and 6. Panjab Panchayati Raj Act-1994 Introduction Panchayat, the village-level local body, has flourished in India since ancient times. The Panchayats, or village governments, were ancient institutions that considered themselves small republics. They exercised power in industrial, commercial, administrative, and social spheres, including civic education and religious functions. It has been found out during excavations related to the Indus Valley Civilization that basic civic amenities like drainage systems, water supply and maintenance of streets were provided as done by the modern-day local bodies. A system of urban government existed during the ancient period along with the Panchayati Raj. The Government of India formed several committees and study groups to improve the functioning of and revitalize the local bodies in the country. L. M. Singhvi Committee (Revitalization of Panchayati Raj Institutions for Democracy and Development) strongly advocated that the Government of India must confer constitutional status to the local bodies in the country. Constitutional Recognition A number of committees recommended giving constitutional status to the local government. Following are the main ones: I. 64th Constitutional Amendment Bill, 1989 The Rajiv Gandhi Government introduced the 64th Constitutional Amendment Bill on Local Government in July 1989. The Bill was passed by the Lok Sabha but was not approved by the Rajya Sabha. The main features of the Bill were as follows:  2 1. It proposed a three-tier structure in all the states and the union territories, having a population of 20 lakhs or more. 2. There was a provision for reserving seats for the SCs/STs and Women. 3. In the case of SCs & STs, the reservation of seats was to be in proportion of their population to the total population. In the case of women, it was 30% of seats. 4. It was mandatory to hold elections after every five years. 5. Specific powers to be given to the Panchayati Raj Institutions. 6. The Election Commission to conduct elections to the Panchayati Raj Institutions. II. Constitutional Amendment Bill, 1990 The 64th Constitutional Amendment Bill fell through, but efforts were made to strengthen the local governments. In 1990, a combined Constitution Amendment Bill, covering both Panchayati Raj Institutions & Urban Local Bodies, was tabled in the Parliament. However, it was skeleton legislation that left the details to be determined by the State Governments in their State level enactments; Matters concerning elections were as per the discretion of the State Government. With the dissolution of the government, this Bill too lapsed. 73rd Constitutional Amendment Act In 1992 the Central Government passed the 73rd and 74th Constitutional Amendments and gave constitutional status to the rural (Panchayati Raj Institutions) and urban (Municipalities)local bodies, respectively. The 73rd Constitutional Amendment was passed by both the Lok Sabha and the Rajya Sabha, and Part IX consisting of Arts. 243-243-O and the 11th Schedule were inserted in the Constitution in 1992. The 73rd Constitutional Amendment came into force after half the State Assemblies ratified it and then assented to by the President of India on 24-4-1993. Provisions under the 73rd Constitutional Amendment Act Following are the provisions of the 73rd Constitutional Amendment Act: 1. Gram Sabha: Article 243-A of Part IX provides for a Gram Sabha to exercise powers and functions as decided by the State Legislature by law. It constitutes all the registered voters of the Sabha area. The Sabha area is to be delimited by the State Government. 2. Three-Tiered Panchayati Raj Institutions: Article 243-B provides for the Constitution of the Panchayats in every state in a three-tiered structure. Gram Panchayat at the village level, Panchayat Samiti at the block and Zila Parishad at the district level.  3 The state may not constitute Panchayat Samiti (Panchayats at the intermediate level) if its population does not exceed twenty lakhs. 3. Composition of Panchayats: Article 243-C provides for the State Legislature to make provisions regarding the composition of the Panchayats and is as follows: (i) All seats are to be filled by direct elections from the territorial constituencies in the Panchayat area. The Panchayat area is to be divided into territorial constituencies so that each area's population is the same as far as practicable. (ii) State Legislature may provide for representation of Chairpersons at the Panchayat level in the Panchayat Samitis and Chairpersons of the Panchayat Samitis at the Zila Parishad level. (iii) Members of the Lok Sabha and Vidhan Sabha representing constituencies that are wholly or partly in the Panchayat Samiti and Zila Parishad area. (iv) Members of the Rajya Sabha and the Vidhan Parishad where they are registered as electors in the Panchayat Samiti and Zila Parishad. (v) Chairpersons and other members –directly or indirectly elected – have a right to vote in the meetings. (vi) The Sarpanch of a Panchayat to be elected as the State Legislature may provide by law. (vii) The Chairperson at the Panchayat Samiti and Zila Parishad to be elected from amongst its members, respectively. 4. Reservation of Seats: Article 243-D provides for the reservation of seats by direct elections: (i) Scheduled Castes/Scheduled Tribes: For the members of the Scheduled Castes/Scheduled Tribes in the Panchayati Raj Institutions in proportion to their population in the area. (ii) SC/ST Women: Of the total number of seats reserved for SCs/STs, not less than 1/3 of the seats are to be reserved for women belonging to the SCs/STs. (iii) Women: Not less than 1/3 of the total seats to be reserved for women (this is to include the reservation provided to women in the SC/ST category). (iv) State Legislature can make provisions for reserving seats in the Panchayats or offices of Chairpersons for the people belonging to the backward classes. Seats are also to be reserved for SCs/STs/Women on the position of the Chairman of these local bodies on a similar basis on rotation. 5. Term: Article 243-E provides that the term of the local bodies (Gram Panchayat, Panchayat Samiti, Zila Parishad) is to be five years unless  4 dissolved earlier. If dissolved earlier, elections are to be conducted within six months of the dissolution. 6. Age: Article 243-F provides that the minimum age required to fight the elections in the local bodies is 21 years. 7. Powers and Functions: Article 243-G provides that the Panchayat may be endowed with such powers and functions assigned by the state legislature. It may include the preparation of plans for the socio-economic development of the local area and implementing schemes for the economic development and social justice entrusted to the Panchayats. 8. Powers to impose Taxes and Funds of the Panchayats: Article 243-H provides for the empowerment of the Panchayats by the state legislature to impose taxes, fees and duties. In addition, they may be assigned a share in the state government taxes and grants-in-aid. 9. Finance Commission: Article 243-I provides for the State Legislature to constitute a Finance Commission to be appointed by the Governor every five years to review the distribution of taxes between the State government and the local government. 10. Audit of Accounts: Article 243J provides for the State Legislature to, by law, make provisions for the maintenance and auditing of the accounts of the Panchayats. 11. Elections Commission: Article 243-K states that the seats of the local bodies are to be filled by direct elections. There may be ex-officio members at the intermediate and district levels. The State Governments are to constitute a State Election Commission appointed by the Governor to conduct and supervise elections of the Panchayati Raj Bodies. 12. Judiciary: Article 243-O bars the interference of the Courts in the matter of delimiting the constituencies and allotment of seats. No election to any Panchayat can be questioned except by an election petition presented to an authority provided for by law made by the state. I. Eleventh Schedule (Art 243-G) The 11th Schedule has been added to the Constitution due to the 73rd Constitutional Amendment Act. It lists the subjects over which the Panchayats have jurisdiction. It has the following subjects https://legislative.gov.in/sites/default/files/COI.pdf : 1. Agriculture, including agricultural extension. 2. Land improvement, implementation of land reforms, land consolidation and soil conservation. 3. Minor irrigation, water management and watershed development. 4. Animal husbandry, dairying and poultry. 5. Fisheries.  5 6. Social forestry and farm forestry. 7. Minor forest produce. 8. Small scale industries, including food processing industries. 9. Khadi, village, and cottage industries. 10. Rural housing. 11. Drinking water. 12. Fuel and fodder. 13. Roads, culverts, bridges, ferries, waterways and other means of communication. 14. Rural electrification, including distribution of electricity. 15. Non-conventional energy sources. 16. Poverty alleviation programme. 17. Education, including primary and secondary schools. 18. Technical training and vocational education. 19. Adult and non-formal education. 20. Libraries. 21. Cultural activities. 22. Markets and fairs. 23. Health and sanitation, including hospitals, primary health centres and dispensaries. 24. Family welfare. 25. Women and child development. 26. Social welfare, including the welfare of the handicapped and mentally retarded. 27. Welfare of the weaker sections, and in particular, of the Scheduled Castes and the Scheduled Tribes. 28. Public distribution system. 29. Maintenance of community assets. The Act provided that within a year of its coming into force, the state governments were required to amend their existing Panchayati Raj Acts and incorporate the provisions of the 73rd Constitutional Amendment Act. Accordingly, the Punjab Govt. has replaced the previous Acts by passing the Punjab Panchayati Raj Act- 1994. Implications The primary objective of the 73rd Constitutional Amendment Act was the democratic decentralization of power to the local government. According to Article 40 (Part – IV - Directive Principles of the State Policy of the Indian Constitution), the state requires to organize village panchayats and grant them such powers and authority to enable them to function as units of self-government. Following are the implications of the Act:  6 1. Gram Sabha: Prior to the 73rd Constitutional Act, the Gram Sabha was: i. Constituted in some places/states while it was not constituted in others. ii. In some states, all the adult citizens were members of the Gram Sabha, while in others, only the registered voters of the villages were included. iii. Meetings of the Gram Sabha were not held regularly. After the 73rd Constitutional Amendment Act, Gram Sabha found its legitimate place in the Panchayati Raj Institutions, and it is composed of the registered voters of the Sabha area. It is compulsory to hold its meetings as per the provisions of the Acts passed by the respective State Legislative Assemblies. 2. Reservations: The reservation system as provided under the Act for the Schedules Castes, Scheduled Tribes, OBCs, and women will get them due representation in the Panchayati Raj Institutions. Reservations in the positions of the Chairpersons will enable them to assume leadership roles and bring a difference in the overall functioning of the local bodies. 3. Age: As per the provisions of the Act, the states have reduced the qualifying age for the members from 25 to 21 years. Reduction in age will benefit the youth, who can assume leadership roles at the local level and be trained to work at the state/national levels. 4. Specific Roles: After the Act, in most places, the Panchayat is the implementing authority, the Panchayat Samiti is the monitoring body, and the Zila Parishad is the Planning body. 5. Devolution of Financial Powers: The Act provides for the devolution of the financial powers through the state government to effectively implement the programmes allocated to them. 6. Elections: The formation of the Election Commission has brought efficiency and professionalism in the conduct and supervision of the elections to the Panchayati Raj Institutions. 7. Distribution of Funds: The establishment of the Finance Commissions leads to the proper distribution of finances between the state government and the local bodies. 8. Eleventh Schedule: Eleventh Schedule has been added to the Constitution of India. It lists the subjects over which the Panchayats have been given jurisdiction. Implementing the 73rd Constitutional Amendment Act has improved the functioning of the local bodies. In addition, it has brought about significant structural changes to restore a rightful place to the local bodies as democratic institutions. Shortcomings The 73rd Constitutional Amendment Act provided the long-needed constitutional recognition to the rural local bodies. It also led to structural and functional changes  7 in the functioning of these bodies. However, despite the advantages of the 73rd Constitutional Amendment Act, its implementation has not been effective and has some shortcomings. The Second Administrative Reforms Commission’s sixth report on Local Governance has made the following observations: 1. Panchayats continue to be treated as state agencies for implementing prescribed schemes, even though essential services such as drinking water, rural sanitation, preventive health and primary education are their legitimate core functions. 2. The PRIs have provisions for levying taxes such as on professions, entertainment, tolls, and user charges but remain short of finances due to a lack of elastic sources of revenue. 3. There is a lack of effective devolution of powers and functions from the State Governments. 4. Internal Revenue mobilization by the Panchayati Raj Institutions is meagre. 5. There is a general lack of cooperation between the legislature and the representatives of local bodies. 6. The Panchayati Raj Institutions cannot take on enhanced responsibilities because of the absence of trained personnel and their financial incapacity. 7. Autonomous bodies at the state level to look after local functions like water supply came in the way of greater decentralization. Other shortcomings include: 1. The Act has failed to define the role of the political parties. 2. It is silent about the relationship between the Panchayati Raj Bodies and the local level bureaucracy. 3. It has been observed that the elite rather than the people are empowered. Panjab Panchayati Raj Act-1994 The Punjab government, in light of the 73rd Constitutional Amendment Act, reformulated its existing Acts, namely the Gram PanchayatAct-1952 and the Panchayat Samitis and Zila Prashid Act-1961. Following are some provisions under this Act: 1. A three-tiered structure of the Panchayats with due recognition to the Gram Sabha. 2. Reservation of seats for SCs & STs in proportion to their population. Of these, one-third of the seats are reserved for women from the SCs & STs. 3. One-half of the seats are to be reserved for women. It includes the seats reserved for women belonging to the SCs &STs (The Punjab Municipal (Amendment) Act, 2017). 4. There is a provision for reserving seats for Backward Classes if their population is more than 20% of the total population of that area.  8 5. The term of all the three bodies is to be five years. Elections are to be conducted after every five years. In case of dissolution, the re-elections must be conducted within six months. 6. The state government has the power to dissolve the Panchayati Raj Bodies if they abuse power or are incompetent. 7. There is a provision for the Constitution of the Election Commission and the Finance Commission. Conclusions The institution of local government has flourished in India since time immemorial. However, due to a lack of constitutional recognition, the state governments were neither functioning effectively nor were elections being conducted regularly. Further, they did not have enough resources to carry out their work. Therefore, the Government of India formed several committees and study groups to improve the functioning of and revitalize the local bodies in the country. L. M. Singhvi Committee (Revitalization of Panchayati Raj Institutions for Democracy and Development) strongly advocated the need to confer constitutional status to the local bodies in the country. As a result, the 73rd Constitutional Amendment Act was enacted by the Parliament, conferred constitutional status and restructured the rural local government.