73rd Amendment of Indian Constitution

The 73rd Amendment Act is an Amendment Act to strengthen the rural democratic structure in India. The act was generally introduced to provide more power and authority to the Panchayats at the village level. This act the introduction of the Panchayati Raj system in India. Madhya Pradesh was the first state to implement the 73rd Constitutional Amendment in 1992. Historically, the Panchayati Raj system was first introduced at Nagaur (Bikaner District) in Rajasthan.

In this article, we will discuss the 73rd Amendment Act in detail with the related information. In this Amendment Act, certain constitutional articles play a major role and we will discuss it also.

73rd Amendment Act of Indian Constitution

73rd Amendment Act, 1992 – Overview

73rd Constitutional Amendment Act or The Panchayati Raj Act recommends that the states that have a population of more than 20 lakh, must have the three-tier Panchayati Raj system. The system includes the village, intermediate, and district. If there is a population of less than 20 lakh, they should have two layers only, i.e. village and district. Here is the general overview of the 73rd Constitutional Amendment Act as mentioned below.

73rd Amendment Act, 1992 – Overview
Enactment	73rd Constitutional Amendment Act of 1992
Also Known As	Panchayati Raj Act
Committee	Balwant Rai Mehta Committee
Passed Year	1992
Enactment Date	24th April, 1993
Constitutional Parts	Part IX of the Indian Constitution.
	Article 243 to Article 243 (O).
General Provisions	Mandatory provisions defines the state law.
	Voluntary provisions defines the state discretion.
Election Cycle	Every 5 years.
	If the committee dissolved, it is mandatory to conduct elections within six months.
Election Process	Panchayati Raj members directly elected by the election process.
	Chairpersons at intermediate and district level personnels elected by the indirect election process.
	Seat reservations for Scheduled Caste and Scheduled Tribes and Women.
Exemptions Or Not Acceptable	Nagaland, Meghalaya, Mizoram, specific tribal areas, Manipur hill area, and Darjeeling district of West Bengal.
Features	Establishment of Gram Sabha (Primary Body).
	3-tier or 2-tier system based on population.
	Powers on 29 items that are clarified by Schedule 11.
	State Election Commission and Finance Commission for election management.
	Resource allocation.
Importance	Addition of eleventh schedule. (Discussed Below)
	Addition of part IX to the Indian Constitution.
	Empowerment of State governments to reframe the DPSP.
	Establishment of the important democratic institutions at the grassroots level.
	Shift to a participatory democracy.
	Seat reservations for Scheduled Caste and Scheduled Tribes and Women.
Challenges	Powers to lower levels at the state legislatures’ discretion.
	Lack of resources.
	Inadequate funds from Finance Commissions.
	Still practicing of “Sarpanch Pati” culture in some locations.
	Infrastructure issues.
	Lack of necessary manpower at the Gram Panchayat level.

Objective Of 73rd Amendment Act

Here are some major objectives of 73rd Amendment Act, as mentioned below:

• Give power to the local governance institutions to make decisions.
• Help Panchayats to plan and execute the rural development works.
• Makes sure everyone can say their decisions.
• Helped to promote economic development and social justice at the grassroot level.
• Make Panchayats and local communities self-reliant and independent.
• Reduce the gap between rich and poor in such remote areas.
• Keep Panchayats accountable and transparent in their work.

73rd Amendment Act, 1992 – Articles

Article 243 – 243 (O) of the Indian Constitution falls under Part IX. The Article 40 of the Indian Constitution falls under the Directive Principles of State Policy. In this, the Constitution directly states, that the State shall take necessary steps to organize village panchayats. Here are the major articles mentioned below that was mentioned by the Balwant Rai Mehta Committee report.

• Article 243: This introduces the whole concept of Panchayats. It also gives them the necessary powers and authority.
• Article 243A: It provides the information of a Gram Panchayat.
• Article 243B: The article tells the composition of Panchayats. It also includes the seat reservation of certain representatives.
• Article 243C: The article talks about the reservation of certain representatives.
• Article 243D: It describes the reservation of seats for women in the Panchayats.
• Article 243E: Duration of the Panchayats is mentioned here.
• Article 243F: Defines the Specific powers, authority, and responsibilities of the Panchayats.
• Article 243G: This grants the power to the State Legislature to work the Panchayats. It provides the necessary powers and authority to work them as institutional self-government.
• Article 243H: It deals with the powers and responsibilities of Panchayats. It talks about the implementation of the related schemes to achieve economic development and social justice.
• Article 243I: The article authorizes the recommendation powers to the State Finance Commission regarding the financial powers of Panchayats.
• Article 243J: It provides a detailed outline for a District Planning Committee. The institution rechecks the necessary plans prepared by Panchayats.
• Article 243K to 243O: These articles discuss the application of the Panchayat provisions to Scheduled Areas. The extent of laws relating to Panchayats. They help in the continuation of existing laws and bar interference by courts in electoral matters of Panchayats. It gives some certain powers to make rules for Panchayats by the Governor of that State.

Read More: What is Nyaya Panchayat?

Features of the 73rd Amendment Act

Here are the major features of the 73rd Amendment Act of Indian Constitution, as mentioned below.

• Establishment of Gram Sabha: It is the foundational entity for the Panchayati Raj system. The Gram Sabha includes all eligible voters within an area. Its functions and powers are determined by the State Legislature.
• Three-Tier System: It is implemented by this legislation. A three-tier Panchayati Raj system is the intermediate level of a State.
• Functions: The act empowers the Panchayat with authority over 29 items in accordance with the Indian Constitution (Schedule 11).
• Elections: Direct elections determine all members of the Panchayati Raj, while chairpersons are indirectly elected from members at the intermediate and district levels. The village-level chairperson is elected following the guidelines set by the state.
• Seat Reservation: The act mandates seat reservations in the Panchayati Raj system, including proportional reservations for SC and ST populations, with an additional 1/3rd of these seats reserved for SC/ST women. Women’s reservation entails 1/3rd of all seats, including chairpersons at every level.
• Election Periodicity: Elections must be conducted every five years, preceding the expiration of the Panchayat’s tenure. For dissolution, it is mandatory elections must be conducted within six months.
• State Election Commission: The State Election Commission oversees Panchayat elections. It talks about the responsibilities such as supervision, control, and direction of the particular electoral process.
• Finance Commission: It is required for each state to establish a Finance Commission. It determines and manages the allocation of resources to the Panchayati Raj system. It also ensures the efficient functioning of the organisation.

Exemptions Of 73rd Amendment Act

Nagaland, Meghalaya, Mizoram, specific tribal areas, Manipur hill area, and Darjeeling district of West Bengal are exempted from the 73rd Amendment Act. Here are the reasons as mentioned below.

Nagaland, Meghalaya and Mizoram and Tribal Areas	These states are exempted under Article 243M(2). As they are enjoying Special Constitutional Provisions under Articles 371A, 371B, 371C,371F,371G, and 371H by the Constitution of India. So, no Panchayati Raj system is needed for these states.
Darjeeling, West Bengal	The Darjeeling district has an autonomous body called the Darjeeling Gorkha Hill Council. DGHC has its won system, so it is exempted from the Panchayat Acts and Municipal laws. DGHC was established under the DGHC Act 1988.

Importance of the 73rd Amendment

The 73rd Amendment Act introduced Panchayati Raj Institutions in the Indian Constitution. Due to so many reasons like irregular elections, disruptions, not enough representation of marginalized groups (Scheduled Castes, Scheduled Tribes, and women), not giving them enough powers, and not having sufficient money. Here is the importance of 73rd Amendment Act as mentioned below.

• This amendment introduced a new schedule and a ninth part to the Indian Constitution.
• Part IX of the constitution described under Article 243 to 243(O).
• It empowers the State government to shape the Panchayat Raj by influencing the Directive Principles of State Policy (DPSP) in Part IV of the constitution.
• The amendment comprises two parts. Mandatory provisions must be incorporated into state law. It is necessary for the creation of a new Panchayati Raj system. On the other side, voluntary provisions are at the discretion of state governments.
• This law marks a significant stride in establishing democratic institutions at the grassroots level in the country. It was a successful change which transformed the representative democracy into participatory democracy.

Eleventh Schedule (Article 243G) – 73rd Amendment Act

According to Article 243G of the Constitution, State Legislatures may by law can give such powers and authority to Panchayats as may be necessary to enable them to function as institutions of self-government. It contains 29 subjects as mentioned below. These subjects are the backbone of the rural development, poverty alleviation, market, roads and drinking water, etc.

Agriculture and agricultural extension.	Land improvement, implementation of land reforms, land consolidation and soil conservation.
Minor irrigation, water management and watershed development.	Animal husbandry, dairying and poultry.
Fisheries.	Social forestry and farm forestry.
Minor forest produce.	Small scale industries, including food processing industries.
Khadi, village and cottage industries.	Rural housing.
Drinking water.	Fuel and fodder.
Roads, culverts, bridges, ferries, waterways and other means of communication.	Rural electrification, including distribution of electricity.
Non-conventional energy sources.	Poverty alleviation programme.
Education, including primary and secondary schools.	Technical training and vocational education.
Adult and non-formal education.	Libraries.
Cultural activities.	Markets and fairs.
Health and sanitation, including hospitals, primary health centres and dispensaries.	Family welfare.
Women and child development.	Social welfare, including welfare of the handicapped and mentally retarded.
Welfare of the weaker sections, and in particular, of the Scheduled Castes and the Scheduled Tribes.	Public distribution system.
Maintenance of community assets.	*

PESA Act – 1996

The Panchayats Act or PESA was enacted by the GoI. The main purpose of the Act is to save the tribal population from exploitation. It is also known as the extension act also. The PESA Act gives special powers to the Gram Sabhas those are present in Scheduled Areas. It empowers the Gram Sabhas to manage the natural resources of those Scheduled Areas. The Gram Sabhas have some certain powers like, the right to mandatory consultation in land acquisition, resettlement, and rehabilitation of displaced persons in those areas.

Objectives of the PESA Act – 1996

Here are the major objective of the PESA Act of 1996 as mentioned below:

• The act extends some new provisions to Part IX of the Indian Constitution, specifically to the scheduled areas.
• It Helps to provide the self-rule for the tribal population of the scheduled areas.
• It empowers the scheduled areas to have village governance with the participatory democracy.
• The act preserves and safeguards the traditions and the customs of the tribal population.
• Under this act, Panchayats have some powers to conduct the tribal requirements.
• It prevents Panchayats and its officials from taking over the job of smaller ones in the scheduled areas.

Summary – 73rd Amendment of Indian Constitution

The 73rd Amendment Act aimed to establish grassroots democracy. It granted authority to state governments to formalize gram panchayats, enabling them to function as self-governing units. This amendment introduced Part IX to the Constitution, titled “The Panchayats,” and incorporated the Eleventh Schedule, outlining 29 functional items for the panchayats. Additionally, it mandated a three-tier Panchayat system at the village, intermediate, and district levels in every state. The act also required reserving one-third of seats for women in Panchayati Raj institutions, including chairperson positions at all levels.

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FAQs on 73rd Amendment of Indian Constitution

What is the 73rd Amendment of the Constitution?

The 73rd Amendment Act is a Amendment Act to make strong the rural democratic structure in India. The act generally introduced to provide more power and authority to the Panchayats in the villege level. This act the introduction of the Panchayati Raj system in India.

What is the revamping of Panchayati Raj 73rd Amendment Act 1992?

The Act recommends to create a three-tier Panchayati Raj system that includes: village-level Panchayats, block-level Panchayats & Panchayats at the district level.

Which states are not covered by the 73rd Amendment?

Nagaland, Meghalaya, Mizoram, specific tribal areas, Manipur hill area, and Darjeeling district of West Bengal are exempted from the 73rd Amendment Act.

Which was the first state to implement the 73rd act?

Madhya Pradesh was the first state to implement the 73rd Constitutional Amendment 1992.

What are the mandatory provisions of 73th amendment Act?

Establishment of ‘Gram Sabha’ at the village level comprising of persons registered in the electoral rolls relating to a village comprised within the area of Panchayat. They are the mandatory provisions of 73th amendment Act.

Who was the president during the 73rd amendment?

Narasimha Rao was the president during the 73rd amendment.

In which year 73rd amendment was passed?

73rd Constitutional Amendment Act was passed in 1992.

Which state was first Panchayati Raj?

Rajasthan was the first state to implement Panchayati Raj in India on 2nd October, 1959.

References:

• The Constitution (Seventy-third Amendment) Act, 1992 [www.india.gov.in/]
• RURAL LOCAL BODIES [sfcassam.nic.in/]
• 73rd Constitutional Amendment Act, 1992 [panchayat.gov.in/]
• ncsc.nic.in/