1) Introduction :
The Constitution (Amendment 73rd) Act, 1992 added a new Part IX consisting of 16 articles and eleventh scheduled to the Constitution, This Act Popularly known as the Panchayati Raj and Nagarpalika Constitution Amendment Act. It seeks to provide democracy at the grass root level.
The Constitution (Amendment 73rd) Act, 1992 added a new Part IX consisting of 16 articles and eleventh scheduled to the Constitution, This Act Popularly known as the Panchayati Raj and Nagarpalika Constitution Amendment Act. It seeks to provide democracy at the grass root level.
2) Meaning of Panchayat :
"Panchayat" means an institution by whatever name
called of self-government constituted under article 243B, for the rural
areas. "Panchayat area" means the territorial area of a Panchayat.
3) Constitution of Panchayats (Article 243B) :
(1) There shall be constituted in every State, Panchayats at the
village, intermediate and district levels in accordance with the
provisions of this Part.
(2) Notwithstanding anything in clause (1), Panchayats at the
intermediate level may not be constituted in a State having a population
not exceeding twenty lakhs.
4) Composition of Panchayats
(Article 243C) :
(1) Subject to the provisions of this Part, the Legislature of a
State may, by law, make provisions with respect to the composition of
Panchayats:
Provided that the ratio between the population of the territorial area
of a Panchayat at any level and the number of seats in such Panchayat to
be filled by election hall, so far as practicable, be the same
throughout the State.
(2) All the seats in a Panchayat shall be filled by persons chosen by
direct election from territorial constituencies in the Panchayat area
and, for this purpose, each Panchayat area shall be divided into
territorial constituencies in such manner that the ratio between the
population of each constituency and the number of seats allotted to it
shall, so far as practicable, be the same throughout the Panchayat area.
(3) The Legislature of a State may, by law, provide for the
representation -
(a) of the Chairpersons of the Panchayats at the village level, in the
Panchayats at the intermediate level or, in the case of a State not
having Panchayats at the intermediate level, in the Panchayats at the
district level;
(b) of the Chairpersons of the Panchayats at the intermediate level, in
the Panchayats at the district level;
(c) of the members of the House of the People and the members of the
Legislative Assembly of the State representing constituencies which
comprise wholly or partly a Panchayat area at a level other than the
village level, in such Panchayat;
(d) of the members of the Council of States and the members of the
Legislative Council of the State, where they are registered as electors
within -
(i) a Panchayat area at the intermediate level, in Panchayat at the
intermediate level;
(ii) a Panchayat area at the district level, in Panchayat at the
district level.
(4) The Chairperson of a Panchayat and other members of a Panchayat
whether or not chosen by direct election from territorial constituencies
in the Panchayat area shall have the right to vote in the meetings of
the Panchayats.
(5) The Chairperson of -
(a) a panchayat at the village level shall be elected in such manner as
the Legislature of a State may, by law, provide; and
(b) a Panchayat at the intermediate level or district level shall be
elected by, and from amongst, the elected members thereof.
4) Reservation of seats
(Article
243D) :
(1) Seats shall be reserved for -
(a) the Scheduled Castes; and
(b) the Scheduled Tribes, in every Panchayat and the number of seats so reserved shall bear, as
nearly as may be, the same proportion to the total number of seats to be
filled by direct election in that Panchayat as the population of the
Scheduled Castes in that Panchayat area or of the Scheduled Tribes in
that Panchayat area bears to the total population of that area and such
seats may be allotted by rotation to different constituencies in a
Panchayat.
(2) Not less than one-third of the total number of seats reserved under
clause (1) shall be reserved for women belonging to the Scheduled Castes
or, as the case may be, the Scheduled Tribes.
(3) Not less than one-third including the number of seats reserved for
women belonging to the Scheduled Castes and the Scheduled Tribes of the
total number of seats to be filled by direct election in every
Panchayat shall be reserved for women and such seats may be allotted by
rotation to different constituencies in a Panchayat.
(4) The offices of the Chairpersons in the Panchayats at the village or
any other level shall be reserved for the Scheduled Castes, the
Scheduled Tribes and women in such manner as the Legislature of a State
may, by law, provide:
Provided that the number of offices of Chairpersons reserved for the
Scheduled Castes and the Scheduled Tribes in the Panchayats at each
level in any State shall bear, as nearly as may be, the same proportion
to the total number of such offices in the Panchayats at each level as
the population of the Scheduled Castes in the State or of the Scheduled
Tribes in the State bears to the total population of the State:
Provided further that not less than one-third of the total number of
offices of Chairpersons in the Panchayats at each level shall be
reserved for women:
Provided also that the number of offices reserved under this clause
shall be allotted by rotation to different Panchayats at each level.
(5) The reservation of seats under clauses (1) and (2) and the
reservation of offices of Chairpersons (other than the reservation for
women) under clause (4) shall cease to have effect on the expiration of
the period specified in article 334.
(6) Nothing in this Part shall prevent the Legislature of a State from
making any provision for reservation of seats in any Panchayat or
offices of Chairpersons in the Panchayats at any level in favour of
backward class of citizens.
5) Duration of Panchayats
(Article 243E) :
(1) Every Panchayat, unless sooner dissolved under any law for the
time being in force, shall continue for five years from the date appointed for its first meeting and no longer.
(2) No amendment of any law for the time being in force shall have the
effect of causing dissolution of a Panchayat at any level, which is
functioning immediately before such amendment, till the expiration of
its duration specified in clause (1).
(3) An election to constitute a Panchayat shall be completed :
(a) before the expiry of its duration specified in clause (1);
(b) before the expiration of a period of six months from the date of its
dissolution:
Provided that where the remainder of the period for which the dissolved Panchayat would have continued is less than six months, it shall not be
necessary to hold any election under this clause for constituting the
Panchayat for such period.
(4) A Panchayat constituted upon the dissolution of a Panchayat before
the expiration of its duration shall continue only for the remainder of
the period for which the dissolved Panchayat would have continued under
clause (1) had it not been so dissolved.
6) Disqualifications for membership
(Article 243F) :
(1) A person shall be disqualified for being chosen as, and for
being, a member of a Panchayat -
(a) if he is so disqualified by or under any law for the time being in
force for the purposes of elections to the Legislature of the State
concerned:
Provided that no person shall be disqualified on the ground that he is
less than twenty-five years of age, if he has attained the age of
twenty-one years;
(b) if he is so disqualified by or under any law made by the Legislature
of the State.
(2) If any question arises as to whether a member of a Panchayat has
become subject to any of the disqualifications mentioned in clause (1),
the question shall be referred for the decision of such authority and in
such manner as the Legislature of a State may, by law, provide.
7) Powers, authority and responsibilities of Panchayats
(Article 243G) :
Subject to the provisions of this Constitution, the Legislature of a State may, by law, endow the Panchayats with such powers and authority as may be necessary to enable them to function as institutions of self-government and such law may contain provisions for the devolution of powers and responsibilities upon Panchayats at the appropriate level, subject to such conditions as may be specified therein, with respect to -
(a) the preparation of plans for economic development and social justice;
(b) the implementation of schemes for economic development and social justice as may be entrusted to them including those in relation to the matters listed in the Eleventh Schedule.
Subject to the provisions of this Constitution, the Legislature of a State may, by law, endow the Panchayats with such powers and authority as may be necessary to enable them to function as institutions of self-government and such law may contain provisions for the devolution of powers and responsibilities upon Panchayats at the appropriate level, subject to such conditions as may be specified therein, with respect to -
(a) the preparation of plans for economic development and social justice;
(b) the implementation of schemes for economic development and social justice as may be entrusted to them including those in relation to the matters listed in the Eleventh Schedule.
8) Powers to impose taxes by, and Funds of, the Panchayats
(Article 243H) :
The Legislature of a State may, by law,-
(a) authorize a Panchayat to levy, collect and appropriate such taxes, duties, tolls and fees in accordance with such procedure and subject to such limits;
(b) assign to a Panchayat such taxes, duties, tolls and fees levied and collected by the State Government for such purposes and subject to such conditions and limits;
(c) provide for making such grants-in-aid to the Panchayats from the Consolidated Fund of the State; and
(d) provide for constitution of such Funds for crediting all moneys received, respectively, by or on behalf of the Panchayats and also for the withdrawal of such moneys therefrom, as may be specified in the law.
The Legislature of a State may, by law,-
(a) authorize a Panchayat to levy, collect and appropriate such taxes, duties, tolls and fees in accordance with such procedure and subject to such limits;
(b) assign to a Panchayat such taxes, duties, tolls and fees levied and collected by the State Government for such purposes and subject to such conditions and limits;
(c) provide for making such grants-in-aid to the Panchayats from the Consolidated Fund of the State; and
(d) provide for constitution of such Funds for crediting all moneys received, respectively, by or on behalf of the Panchayats and also for the withdrawal of such moneys therefrom, as may be specified in the law.
9) Constitution of Finance Commission to review financial position
(Article 243-I) :
(1) The Governor of a State shall, as soon as may be within one year from the commencement of the Constitution (Seventy-third Amendment) Act, 1992, and thereafter at the expiration of every fifth year, constitute a Finance Commission to review the financial position of the Panchayats and to make recommendations to the Governor as to -
(a) the principles which should govern -
(i) 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 under this Part and the allocation between the Panchayats at all levels of their respective shares of such proceeds;
(ii) the determination of the taxes, duties, tolls and fees which may be assigned to, or appropriated by, the Panchayats;
(iii) the grants-in-aid to the Panchayats from the Consolidated Fund of the State;
(b) the measures needed to improve the financial position of the Panchayats;
(c) any other matter referred to the Finance Commission by the Governor in the interests of sound finance of the Panchayats.
(2) The Legislature of a State may, by law, provide for the composition of the Commission, the qualifications which shall be requisite for appointment as members thereof and the manner in which they shall be selected.
(3) The Commission shall determine their procedure and shall have such powers in the performance of their functions as the Legislature of the State may, by law, confer on them.
(4) The Governor shall cause every recommendation made by the Commission under this article together with an explanatory memorandum as to the action taken thereon to be laid before the Legislature of the State.
(1) The Governor of a State shall, as soon as may be within one year from the commencement of the Constitution (Seventy-third Amendment) Act, 1992, and thereafter at the expiration of every fifth year, constitute a Finance Commission to review the financial position of the Panchayats and to make recommendations to the Governor as to -
(a) the principles which should govern -
(i) 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 under this Part and the allocation between the Panchayats at all levels of their respective shares of such proceeds;
(ii) the determination of the taxes, duties, tolls and fees which may be assigned to, or appropriated by, the Panchayats;
(iii) the grants-in-aid to the Panchayats from the Consolidated Fund of the State;
(b) the measures needed to improve the financial position of the Panchayats;
(c) any other matter referred to the Finance Commission by the Governor in the interests of sound finance of the Panchayats.
(2) The Legislature of a State may, by law, provide for the composition of the Commission, the qualifications which shall be requisite for appointment as members thereof and the manner in which they shall be selected.
(3) The Commission shall determine their procedure and shall have such powers in the performance of their functions as the Legislature of the State may, by law, confer on them.
(4) The Governor shall cause every recommendation made by the Commission under this article together with an explanatory memorandum as to the action taken thereon to be laid before the Legislature of the State.
The Legislature of a State may, by law, make provisions with respect to the maintenance of accounts by the Panchayats and the auditing of such accounts.
11) Elections to the Panchayats (Article 243K) :
(1) The superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, all elections to the Panchayats shall be vested in a State Election Commission consisting of a State Election Commissioner to be appointed by the Governor.
(2) Subject to the provisions of any law made by the Legislature of a State, the conditions of service and tenure of office of the State Election Commissioner shall be such as the Governor may by rule determine: Provided that the State Election Commissioner shall not be removed from his office except in like manner and on the like grounds as a Judge of a High Court and the conditions of service of the State Election Commissioner shall not be varied to his disadvantage after his appointment.
(3) The Governor of a State shall, when so requested by the State Election Commission, make available to the State Election Commission such staff as may be necessary for the discharge of the functions conferred on the State Election Commission by clause (1).
(4) Subject to the provisions of this Constitution, the Legislature of a State may, by law, make provision with respect to all matters relating to, or in connection with, elections to the Panchayats.
12) Application to Union territories (Article 243L) :
The provisions of this Part shall apply to the Union territories and shall, in their application to a Union territory, have effect as if the references to the Governor of a State were references to the Administrator of the Union territory appointed under article 239 and references to the Legislature or the Legislative Assembly of a State were references, in relation to a Union territory having a Legislative Assembly, to that Legislative Assembly:
Provided that the President may, by public notification, direct that the provisions of this Part shall apply to any Union territory or part thereof subject to such exceptions and modifications as he may specify in the notification.
13) Part not to apply to certain areas (Article 243M) :
(1) Nothing in this Part shall apply to the Scheduled Areas referred to in clause (1), and the tribal areas referred to in clause (2), of article 244.
(2) Nothing in this Part shall apply to -
(a) the States of Nagaland, Meghalaya and Mizoram;
(b) the hill areas in the State of Manipur for which District Councils exist under any law for the time being in force.
(3) Nothing in this Part -
(a) relating to Panchayats at the district level shall apply to the hill areas of the District of Darjeeling in the State of West Bengal for which Darjeeling Gorkha Hill Council exists under any law for the time being in force;
(b) shall be construed to affect the functions and powers of the Darjeeling Gorkha Hill Council constituted under such law.
(3A) Nothing in article 243D, relating to reservation of seats for the Scheduled Castes, shall apply to the State of Arunachal Pradesh.
(4) Notwithstanding anything in this Constitution -
(a) the Legislature of a State referred to in sub-clause (a) of clause (2) may, by law, extend this part to that State, except the areas, if any, referred to in clause (1), if the Legislative Assembly of that State passes a resolution to that effect by a majority of the total membership of that House and by a majority of not less than two-thirds of the members of that House present and voting;
(b) Parliament may, by law, extend the provisions of this Part to the Scheduled Areas and the tribal areas referred to in clause (1) subject o such exceptions and modifications as may be specified in such law, and no such law shall be deemed to be an amendment of this Constitution for the purposes of article 368
14) Continuance of existing laws and Panchayats (Article 243N) :
Notwithstanding anything in this Part, any provision of any law relating to Panchayats in force in a State immediately before the commencement of the Constitution (Seventy-third Amendment) Act, 1992, which is inconsistent with the provisions of this Part, shall continue to be in force until amended or repealed by a competent Legislature or other competent authority or until the expiration of one year from such commencement, whichever is earlier:
Provided that all the Panchayats existing immediately before such commencement shall continue till the expiration of their duration, unless sooner dissolved by a resolution passed to that effect by the Legislative Assembly of that State or, in the case of a State having a Legislative Council, by each House of the Legislature of that State.
15) Bar to interference by courts in electoral matters (Article 243-O) :
Notwithstanding anything in this Constitution -
(a) the validity of any law relating to the delimitation of constituencies or the allotment of seats to such constituencies, made or purporting to be made under article 243K, shall not be called in question in any court;
(b) no election to any Panchayat shall be called in question except by an election petition presented to such authority and in such manner as is provided for by or under any law made by the Legislature of a State.
See also :
1) Modes of Acquiring Citizenship under the Citizenship Act, 1955
2) Virginity test violates right to privacy.
3) 42nd Amendment and The Preamble
4) State emergency Under Article 356
5) Financial emergency Art.360
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