Empowering Local Governance – Essence of the Panchayati Raj

The 73rd Amendment of Indian Constitution aimed at strengthening local self governments and ensuring an element of uniformity in their structure and functioning across the country.

Constitutional Status to Local Self Government in India – For Rural and Urban 

• Rural Government: The 73rd Amendment Act  is about rural local governments which are also known as Panchayati Raj Institutions or (PRIs).

• Urban Government: The 74th Amendment made the provisions relating to urban local government (Nagarpalikas). 

• The 73rd and 74th Amendments came into force in 1993.

• Adoption of State: Since local self government is a State subject, the States had to change their laws about local bodies in order to bring these in conformity with the amended Constitution.

What are the key features of the 73rd Amendment of Indian Constitution?

1. Three Tier Structure within Rural Self-Governing Bodies:

• The three-tier structure of local self government in India is a framework for decentralized governance that empowers different levels of local bodies.
• It consists of the following 3 tiers:
  • Gram Panchayats: These are the lowest-level local self government bodies, typically responsible for governing individual villages or groups of villages.
  • Panchayat Samitis: The intermediate level, Panchayat Samitis, covers a group of Gram Panchayats. 
  • Zila Parishads: At the top of the three-tier structure are Zila Parishads, responsible for district-level governance and coordination. 

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2. Gram Sabha: The Vital Role of Gram Sabha and Gram Panchayat

• Mandatory Provision: The amendment also made a provision for the mandatory creation of the Gram Sabha. 
• Members: The Gram Sabha would comprise all the adult members registered as voters in the Panchayat area. 
• Functions:
  • Its role and functions are decided by State Legislation.
• The Gram Sabha is a key factor in making the Gram Panchayat play its role and be responsible.
• It is the place where all plans for the work of the Gram Panchayat are placed before the people. 
• The Gram Sabha prevents the Panchayat from doing wrong things like misusing money or favoring certain people. 
• It plays an important role in keeping an eye on the elected representatives and in making them responsible to the persons who elected them.

3. Elections: Democratic Foundations

• All the representatives at three levels of Panchayati Raj institutions are elected directly by the people.
• Term: The term of each Panchayat body is five years.
• Provision for immediate elections after dissolution i.e., if the State government dissolves the Panchayat before the end of its five-year term, fresh elections must be held within six months of such dissolution.

4. Reservations in Panchayati Raj for Women and Marginalized Communities

• Women Reservation: One-third of the positions in all panchayat institutions are reserved for women.
• Reservations for Scheduled Castes and Scheduled Tribes: It is provided at all three levels, in proportion to their population.
  • If the States find it necessary, they can also provide reservations for the Other Backward Classes (OBCs).
  • Positions of Chairpersons or ‘Adhyakshas’ at all the three levels, also have reservations.
• Further, the reservation of one-third of the seats for women is not merely in the general category of seats but also within the seats reserved for Scheduled Castes, Scheduled Tribes, and backward castes.

5. Decentralization Dynamics: Transfer of Subjects to Panchayati Raj Institutions

• Twenty-nine subjects, which were earlier in the State list of subjects, are identified and listed in the Eleventh Schedule of the Constitution. 
  • These subjects are to be transferred to the Panchayati Raj institutions. 
• The actual transfer of these functions depends upon the State legislation. 
• Each State decides how many of these twenty-nine subjects would be transferred to the local bodies (Article 243G).

6. State Election Commissioner

• The State government is required to appoint a State Election Commissioner who would be responsible for conducting elections to the Panchayati Raj institutions.
• The State Election Commissioner is an independent officer and is not linked to nor is this officer under the control of the Election Commission of India.

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7. State Finance Commission 

• The State government is also required to appoint a State Finance Commission once in five years.
• Functions:
  • The Commission would examine the financial position of the local self governments in the State.
  • It would also review the distribution of revenues between the State and local governments on the one hand and between rural and urban local governments on the other.