Evolution of PANCHAYATI RAJ: 73rd CONSTITUTIONAL AMENDMENT ACT, 1992

Introduction

The 73rd Constitutional Amendment Act of 1992 is a landmark legislation that granted constitutional status and autonomy to Panchayati Raj Institutions. The act aimed to decentralize power by instituting a three-tier system of local governance in India.

It empowers local communities to participate in decision-making processes and manage their affairs. 

This amendment significantly strengthened grassroots democracy and aimed to promote inclusive development and social justice across rural India.

Constitutional Provisions: 

• Added Eleventh Schedule Schedule which contains 29 functional items; Part IX consists of provisions from Article 243-243 O.
• Some Important Articles
• 243A: Gram Sabha
• 243B: Constitution of panchayats
• 243C: Composition of panchayats
• 243D: Reservation of seats
• 243 G: Power, authority and responsibilities 
• 243 H:  Powers to impose taxes by, and Funds of, the Panchayats
• 243 I: Finance Commission
• 243K: Elections to the panchayats 

Features

Gram Sabha: Article 243 A

• Article 40: “The State shall take steps to organize village panchayats and endow them with such powers and authority as may be necessary to enable them to function as units of self-government.”
• Symbol of direct democracy (democratic decentralization); All registered voters of the village are its members; Functions are determined by the state legislature. [UPSC 2017]

Three-Tier Panchayat System

• Uniformity: In the structure of Panchayati Raj throughout the country.
• Three Tiers: Village, Intermediary, and district levels.
• Exclusion of Intermediate: States with less than 20 lakh population may not constitute panchayat at an intermediate level.
• Direct Election: All members are directly elected at all levels of institutes of local self-government.
• Method of Election of Chairperson: The chairperson of a panchayat at the village level shall be elected in such manner as the state legislature determines. 
• Right to Vote of Chairperson: The chairperson of a panchayat and other members of a panchayat elected directly or indirectly shall have the right to vote in the meetings of the panchayats.
• Reservation at all three levels (Article 243 D): Seats are reserved for SC/ ST (based on population) + Women (1/3rd reservation). 
• Reservation for SCs not applicable to Arunachal Pradesh (83rd Constitutional Amendment Act of 2000). 
• Reservation of Chairperson for SCs and STs: The state legislature shall provide for the reservation of offices of chairperson in the panchayat at the village or any other level for the SCs and STs.
• Reservation of Chairperson for Women: Not less than one-third of the total number of offices of chairpersons in the panchayats at each level shall be reserved for women.
• Reservation of Seats for Backward Classes: The Act also authorizes the legislature of a state to make any provision for the reservation of seats in the panchayat at any level in favour of backward classes.
• Article 334: The reservation of seats as well as the reservation of offices of chairpersons in the panchayats for the scheduled castes and scheduled tribes shall cease to have effect after the expiration of the period specified in Article 334 (which is presently eighty years, that is, till 2030).

Duration: Five Years (can be dissolved before the completion of its term) (Art 243E)

• Fresh elections to panchayat: (a) before the expiry of its five years; or (b) dissolution before the expiry of a period of six months from the date of its dissolution.
• But, 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 for a new panchayat for such a period.
• Partial Tenure for Panchayats Reconstituted: Panchayat reconstituted after premature dissolution does not enjoy the full period of five years but remains in office only for the remainder of the period. [UPSC 2016]

Disqualification (Article 243 F)

• A person shall be disqualified
• Applicability of Election Laws to State Legislature: Under any law for the time being in force for the purpose of elections to the legislature of the state concerned.
• Under any law made by the state legislature.
• Disqualification Based on Age: No person shall be disqualified on the ground that he is less than 25 years of age if he has attained the age of 21 years. [UPSC 2016]
• Referral of Disqualification: All questions of disqualifications shall be referred to such authority as the state legislature determines.

State Election Commission (Article 243 K)

• The State Election Commission conducts all elections to the panchayat.
• Appointment: The State election commissioner is appointed by the Governor and shall not be removed from the office except in the manner and on the grounds prescribed for the removal of an HC judge. 
• Conditions and Tenure: of office of SEC are determined by the Governor.
• Protection of Service Conditions: Service conditions of SEC may not be varied to his disadvantage after his appointment.

Bar to Interference by Courts in Electoral Matters [Article 243 O]

• Restriction on Judicial Interference: The Act bars interference by courts in the electoral matters of panchayats.
• Challenging Panchayat Elections: No election to any panchayat is to be questioned except by an election petition presented to such authority and in such manner as provided by the state legislature.
• Exclusion of Judiciary: Validity of any law relating to the delimitation of constituencies or the allotment of seats to such constituencies or election to panchayat cannot be questioned in any court except by an election petition in the suggested manner. 
• Election Petitions: Determined by the state legislature.

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