73rd Constitutional Amendment Act, 1992
Date of Implementation: April 24, 1993
This amendment made it constitutionally mandatory for state governments to establish a Panchayati Raj system. It added Part IX to the Indian Constitution, covering Articles 243 to 243(O). It also introduced the 11th Schedule, which includes 29 subjects under the jurisdiction of Panchayati Raj Institutions (PRIs), such as agriculture, irrigation, health, education, roads, etc.
The amendment mandated a three-tier system of Panchayati Raj in every state:
- Gram Panchayat (village level)
- Panchayat Samiti (block level)
- Zila Parishad (district level)
Areas Where the Act Does Not Apply
The 73rd Amendment does not apply to certain regions, including:
- The states of Nagaland, Meghalaya, and Mizoram.
- Areas declared as Scheduled Areas and Tribal Areas under the Constitution.
- Hill areas of Manipur that have District Councils.
- Darjeeling district in West Bengal, which is governed by the Darjeeling Gorkha Hill Council.
However, the Parliament is empowered to extend the provisions of this part to Scheduled and Tribal Areas with suitable modifications and exceptions, as it may deem necessary.
Key Features of the 73rd Constitutional Amendment Act, 1992
Gram Sabha
Gram Sabhas are the basic units of democratic governance, comprising persons registered in the electoral rolls within a village in the Panchayat area.
Three-Tier System
As per Article 243B of the Indian Constitution, Panchayats are to be constituted at the village, intermediate, and district levels in every state. However, states with populations of less than 2 million are not required to constitute Panchayats at the intermediate level.
Elections of Members and Chairpersons
- Members at all three levels (village, intermediate, district) are to be directly elected by the people.
- Chairpersons at the intermediate and district levels are elected indirectly from among the elected members.
- The State Election Commission is responsible for conducting Panchayat elections.
Reservation of Seats
- Seats are reserved for Scheduled Castes (SCs) and Scheduled Tribes (STs) in proportion to their population at all levels of Panchayats and for chairpersons as well.
- One-third of the total seats are reserved for women, including seats for SCs/STs.
Tenure of Panchayats
According to Article 243E: Every Panchayat will have a five-year term from the date of its first meeting, unless dissolved earlier under law.
Powers and Responsibilities
- State legislatures assign powers and responsibilities to Panchayats.
- Panchayats are responsible for preparing plans for economic development and social justice.
- They are the ground-level implementing agencies for Central and State welfare schemes.
- They have the power to create employment opportunities and initiate developmental activities.
Restriction on Judicial Intervention
The Act bars courts from interfering in Panchayat election matters. Any dispute must be addressed through an election petition as specified by state legislature.
Empowering grassroots democracy through the 73rd Constitutional Amendment Act, 1992.