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Introduction

The 73rd Constitutional Amendment Act, also known as the Panchayati Raj Act, was introduced in 1992 to establish a three-tier system of local governance in India. This amendment aimed to decentralize authority and resources, promoting citizen participation in governance at the grassroots level.

Objectives of the 73rd Amendment Act

The primary goal of the 73rd Amendment Act was to strengthen democracy by empowering local communities and ensuring their participation in decision-making. It aligned with Article 40 of the Indian Constitution, which advocated for the establishment of village panchayats and granting them the necessary authority and powers for self-governance.

Constitutional Provisions of Panchayati Raj

Through the 73rd Amendment, the Indian Constitution gained the 11th schedule, listing 29 topics related to Panchayati Raj. This amendment introduced Part IX, comprising Articles 243 to 243 O, which mandated state governments to implement the Panchayati Raj system in accordance with the Act's provisions.

Salient Features of Panchayati Raj

The Panchayati Raj system introduced several essential features to empower local governance:

  • Gram Sabha: A village assembly consisting of all registered voters within the area of a panchayat. It performs functions entrusted to it by the state legislature.
  • Three-tier system: The Panchayati Raj operates at the village, intermediate, and district levels, promoting uniformity in local governance.
  • Election: Members at each level are elected directly by the people. The chairperson of the intermediate and district levels is indirectly elected.
  • Reservation of seats: Seats in every Gram Panchayat must be reserved for Scheduled Castes (SCs) and Scheduled Tribes (STs), and one-third of these seats must be reserved for women from these communities. The state legislature may also provide reservations for other backward classes.
  • Duration of Panchayats: Each level of the Panchayat holds a five-year term, subject to dissolution under specific circumstances.
  • Qualification & Disqualification: Disqualification criteria for members are determined by the state legislature, with an age requirement of at least 21 years.
  • State election commission: Responsible for overseeing and directing the conduct of all Panchayat elections.
  • Powers and functions: State legislatures empower Panchayats with the necessary authority to function as self-governing entities.
  • Finances: Panchayats have the authority to levy, collect, and appropriate taxes, and receive grants-in-aid from the state.
  • Finance Commission: Established by the governor to review the financial standing of Panchayats and make recommendations.
  • Audit: The state legislature determines the manner for auditing Panchayats.
  • Application to UT: The President may direct that the provisions of the Act apply to any Union Territory with specified modifications.
  • Exempted areas: The Act may not apply to certain regions, but Parliament can extend its provisions with modifications.
  • Bar to interference of court: Courts cannot interfere in Panchayat electoral matters or delimitation processes.
  • 11th schedule: The Act introduced a new schedule listing areas under the purview of the Panchayati Raj.

Result of the 73rd Amendment (Panchayati Raj)

The 73rd Amendment Act significantly improved local self-governance in India, empowering communities and fostering democratic participation. To commemorate this milestone, the central government designated April 24 as National Panchayati Raj Day in 2010. Today, the Panchayati Raj operates at three levels: Gram Panchayat, Mandal Parishad/Panchayat Samiti/Block Samiti, and Zila Parishad, contributing to a stronger and more inclusive democracy.

Conclusion

The Panchayati Raj (73rd Constitutional Amendment Act) has played a pivotal role in enhancing local governance in India. By decentralizing authority and promoting citizen participation, this amendment has laid the foundation for a more robust and inclusive democracy. Upholding the Gandhian principles of decentralized decision-making and empowering the grassroots, the Panchayati Raj continues to be a vital pillar of India's political landscape.

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