Question

Consider the following statements related to the 73rd and 74th Constitutional Amendment Acts.

1. Both amendments were introduced and approved under the Prime Ministership of P.V. Narasimha Rao.

2. The 73rd Amendment added the Eleventh Schedule containing 29 subjects, while the 74th Amendment added the Twelfth Schedule containing 18 subjects.

Which of the statement(s) given above is/are correct?

• A. 1 only
• B. 2 only
• C. Both 1 and 2
• D. Neither 1 nor 2

Answer 1

Answer:

C. Both 1 and 2

73rd and 74th Constitutional Amendment Acts

• The 73rd and 74th Constitutional Amendment Acts were pivotal in institutionalizing local self-governance in India, establishing Panchayati Raj Institutions (PRIs) in rural areas and Municipalities in urban areas, respectively.

• Both amendments aimed to strengthen democracy at the grassroots level by making local self-government a constitutional mandate, rather than just a state subject.

Prime Ministership and Enactment:

• Both the 73rd and 74th Constitutional Amendment Acts were indeed passed during the tenure of P.V. Narasimha Rao as the Prime Minister of India.

• The Bills for these amendments were passed by Parliament in 1992 and came into force in 1993. The 73rd Amendment came into effect on April 24, 1993, and the 74th Amendment on June 1, 1993.

• April 24th is now celebrated as National Panchayati Raj Day in India.

73rd Constitutional Amendment Act (Panchayati Raj):

• This act accorded constitutional status to the Panchayati Raj institutions.

• It added a new Part IX titled 'The Panchayats' to the Constitution, consisting of provisions from Articles 243 to 243-O.

• A new Eleventh Schedule was added to the Constitution, which enumerates the functional items (subjects) for Panchayats.

• The Eleventh Schedule contains 29 subjects over which the Panchayats have administrative control for local planning and implementation of schemes. These subjects largely cover rural development, agriculture, health, education, and social welfare.

• Key features include: a three-tier system of Panchayats (Gram Panchayat, Block Panchayat, Zila Parishad), direct elections for members, reservation of seats for SCs/STs and women (not less than one-third), fixed five-year tenure, constitution of a State Election Commission and a State Finance Commission.

74th Constitutional Amendment Act (Municipalities):

• This act granted constitutional recognition to urban local bodies (Municipalities).

• It added a new Part IXA titled 'The Municipalities' to the Constitution, encompassing provisions from Articles 243P to 243ZG.

• A new Twelfth Schedule was added to the Constitution, specifying the powers, authority, and responsibilities of Municipalities.

• The Twelfth Schedule lists 18 subjects that fall under the purview of urban local bodies. These subjects primarily relate to urban planning, public health, sanitation, fire services, slum improvement, and regulation of land use.

• Key features include: three types of Municipalities (Nagar Panchayat, Municipal Council, Municipal Corporation), direct elections, reservation of seats for SCs/STs and women (not less than one-third), fixed five-year tenure, and the roles of the State Election Commission and State Finance Commission for urban local bodies.

Historical Context and Significance:

• Prior attempts to constitutionalize local self-governance were made by Prime Minister Rajiv Gandhi (64th and 65th Amendment Bills, 1989) and V.P. Singh (64th Amendment Bill, 1990), but they did not pass both houses of Parliament.

• These amendments ushered in a new era of decentralized governance, empowering local bodies with greater autonomy and financial resources to address local needs and promote local development.