Chapter 8: 73rd and 74th Amendments| Class 11 Polity Notes

In the quest for effective governance, India embarked on a transformative journey with the enactment of the 73rd and 74th constitutional amendments in 1992.

These pivotal amendments aimed to bolster local governance structures, providing a framework for uniformity and empowerment across rural and urban areas. Let’s delve deeper into the significant changes ushered in by these amendments.

73rd and 74th Amendments

In 1989, the central government introduced two constitutional amendments aimed at enhancing local governance and promoting uniformity in its structure and functioning nationwide. These amendments were followed by the passage of the 73rd and 74th constitutional amendments in 1992, focusing on rural and urban local governance, respectively. These amendments came into force in 1993.

The 73rd Amendment standardized the structure of Panchayati Raj institutions across all states, establishing a three-tier system consisting of Gram Panchayats, Mandal or Block Panchayats, and Zilla Panchayats. It also mandated the creation of Gram Sabhas comprising adult voters to facilitate grassroots participation in decision-making.

Elections to all levels of Panchayati Raj institutions are now conducted directly, with one-third of positions reserved for women and additional reservations for Scheduled Castes, Scheduled Tribes, and Other Backward Classes where necessary. The amendment also transferred certain subjects from the State list to Panchayati Raj institutions, empowering them to address local development and welfare issues.

However, the 73rd Amendment initially did not apply to areas inhabited by Adivasi populations, prompting the passage of a separate act in 1996 to extend the Panchayat system to these regions while respecting their traditional self-governance practices. State Election Commissioners and State Finance Commissions were established to ensure independent oversight of Panchayat elections and finances, respectively.

Similarly, the 74th Amendment extended similar provisions to urban areas, defining urban areas based on population size, occupational composition, and population density. It mandated direct elections, reservations, transfer of subjects, and the establishment of State Election Commissions and State Finance Commissions for urban local bodies. Additionally, it outlined a list of functions to be transferred from the State to urban local bodies for more effective governance at the local level.

73rd Amendment: Empowering Rural Local Governments

Three-Tier Structure: The 73rd Amendment mandated a uniform three-tier structure for Panchayati Raj institutions (PRIs) across all states. At the grassroots level, Gram Panchayats, covering villages or groups of villages, form the foundation. Intermediary bodies, such as Mandal or Taluka Panchayats, operate at the block or taluka level. At the apex, Zilla Panchayats oversee entire rural districts.

Gram Sabha Empowerment: The amendment introduced the Gram Sabha, comprising all adult voters in the Panchayat area. This inclusive body plays a crucial role in decision-making, with its functions determined by state legislation.

Direct Elections and Reservations: All levels of PRIs are now directly elected, ensuring democratic representation. Reservations for women, scheduled castes, and scheduled tribes, along with provisions for other backward classes, promote inclusivity and diversity in leadership.

Transfer of Subjects: Twenty-nine subjects, primarily linked to local development and welfare, are transferred from the state list to PRIs. The actual transfer depends on state legislation, aligning governance with local needs.

State Election Commissioners and Finance Commissions: Appointment of autonomous State Election Commissioners ensures fair elections, while State Finance Commissions review financial allocations to PRIs, fostering fiscal autonomy.

74th Amendment: Enhancing Urban Local Bodies

Defining Urban Areas: The 74th Amendment extends the principles of the 73rd Amendment to urban areas, addressing the diverse needs of burgeoning urban populations. Urban areas, as defined by population density and non-agricultural occupations, encompass a significant portion of India’s populace.

Parallels with 73rd Amendment: The 74th Amendment mirrors the provisions of the 73rd Amendment, including direct elections, reservations, and the transfer of subjects. Urban local bodies, or Nagarpalikas, gain autonomy in decision-making and resource allocation.

Twelfth Schedule Functions: Similar to the Eleventh Schedule for PRIs, the Twelfth Schedule lists functions transferred from state governments to urban local bodies, ensuring comprehensive governance at the local level.

Conclusion

The 73rd and 74th Amendments represent significant milestones in India’s quest for decentralized governance and grassroots empowerment. By establishing uniform structures, promoting democratic participation, and devolving powers to local bodies, these amendments pave the way for inclusive and effective governance.

73rd and 74th Amendments- FAQs

What prompted the need for the 73rd and 74th constitutional amendments?

The 73rd and 74th amendments were introduced in response to the need for strengthening local governments and ensuring uniformity in their structure and functioning across India. These amendments aimed to decentralize power and empower local communities in both rural and urban areas.

How do the 73rd and 74th amendments differ in their approach to rural and urban governance?

The 73rd amendment pertains to rural local governments, known as Panchayati Raj Institutions (PRIs), while the 74th amendment addresses urban local bodies, also called Nagarpalikas. While both amendments aim to empower local governance, they tailor their provisions to the specific needs and characteristics of rural and urban areas.

What are the main provisions introduced by the 73rd Amendment for rural local governments?

The 73rd Amendment introduced a uniform three-tier structure for Panchayati Raj institutions, comprising Gram Panchayats at the village level, Mandal or Taluka Panchayats at the intermediary level, and Zilla Panchayats at the district level. It mandated direct elections, reserved one-third of seats for women, provided reservations for Scheduled Castes and Scheduled Tribes, and facilitated the transfer of subjects from the State list to Panchayati Raj institutions.

How do the 73rd and 74th amendments address issues of inclusivity and representation in local governance?

Both amendments prioritize inclusivity and representation by reserving seats for women, Scheduled Castes, and Scheduled Tribes in local bodies. They ensure diverse representation at the grassroots level, thereby promoting democratic participation and equitable decision-making.

What role do State Election Commissioners and Finance Commissions play in the effective implementation of these amendments?

State Election Commissioners are responsible for conducting elections to local bodies, ensuring free and fair electoral processes. Meanwhile, State Finance Commissions assess the financial position of local governments, review revenue distribution, and recommend allocation of funds, thereby promoting financial autonomy and sustainability in local governance.