Question

Choose the correct statement(s) regarding the 73rd Constitutional Amendment:

1. It mandates direct election of all members at the village, intermediate, and district levels.

2. It makes the powers and functions of Panchayats uniform across all states.

3. Chairpersons at intermediate and district levels are elected indirectly.
   

• A. 1 and 2 only
• B. 1 and 3 only
• C. 2 and 3 only
• D. All of the above

Answer 1

Answer:

B. 1 and 3 only

The 73rd Constitutional Amendment Act, 1992: A Landmark for Local Self-Governance

• The 73rd Constitutional Amendment Act, 1992, which came into effect on April 24, 1993, granted constitutional status to Panchayati Raj Institutions (PRIs). It added Part IX to the Constitution, titled 'The Panchayats', and a new Eleventh Schedule listing 29 functional items within the purview of Panchayats.
• This amendment aimed to strengthen democracy at the grass-roots level by establishing a uniform three-tier structure of Panchayats: Gram Panchayat (village level), Panchayat Samiti (intermediate level), and Zila Parishad (district level).

Direct Election of Members:

• The Act mandates the direct election of all members to Panchayats at all three levels – village, intermediate, and district. This ensures greater accountability of representatives to the local electorate. (Article 243C(2))
• This provision is a cornerstone of democratic decentralization, empowering the local populace to choose their representatives directly.

Election of Chairpersons:

• While members are directly elected, the election of chairpersons varies based on the level.
• For Panchayats at the intermediate and district levels, the chairpersons are elected indirectly by and from amongst the elected members of that Panchayat. (Article 243C(3))
• However, for the chairperson of a Panchayat at the village level, the manner of election (direct or indirect) is left to be decided by the respective State Legislature.

Powers and Functions of Panchayats:

• The 73rd Amendment provides a framework for the powers and functions of Panchayats, but it does not make them uniform across all states.
• Article 243G empowers state legislatures to endow Panchayats with such powers and authority as may be necessary to enable them to function as institutions of self-government. This means the actual devolution of powers, responsibilities, and funds can vary from state to state, reflecting local conditions and priorities.
• The Eleventh Schedule lists 29 subjects (e.g., agriculture, rural housing, drinking water, health and sanitation) that *may* be devolved to Panchayats, not *must* be uniformly devolved. It is up to the state legislatures to decide which of these functions to transfer and to what extent.

Other Key Provisions of the 73rd Amendment:

• Reservation of Seats: It mandates reservation of seats for Scheduled Castes (SCs) and Scheduled Tribes (STs) in proportion to their population, and not less than one-third reservation for women at all three levels, including for the post of chairperson.
• Duration of Panchayats: A uniform five-year term for Panchayats. If dissolved earlier, fresh elections must be held within six months.
• State Election Commission (SEC): Mandates the constitution of a State Election Commission to conduct, superintend, direct, and control the preparation of electoral rolls and the conduct of elections to the Panchayats.
• State Finance Commission (SFC): Mandates the constitution of a State Finance Commission every five years to review the financial position of Panchayats and make recommendations to the Governor regarding the distribution of taxes, duties, tolls, and fees between the State and the Panchayats.
• Mandatory and Voluntary Provisions: The Act includes certain mandatory provisions (which states *must* implement) and voluntary provisions (which states *may* implement at their discretion), contributing to the non-uniformity in the extent of devolution.