Consider the following regarding the 73rd Constitutional Amendment:
(i) The Amendment inserted Part IX and the Eleventh Schedule to the Constitution.
(ii) It mandates all states to create intermediate-level Panchayats regardless of population size.
(iii) It fixes a 5-year term for Panchayats.
Which of the above statements is/are correct?
A(i) and (ii) only
B(i) and (iii) only
C(ii) and (iii) only
DAll the above
Answer:
B. (i) and (iii) only
Read Explanation:
The 73rd Constitutional Amendment Act, 1992:
- The 73rd Constitutional Amendment Act, enacted in 1992, is a significant milestone in India's journey towards decentralized governance, providing constitutional recognition to Panchayati Raj Institutions (PRIs).
- It came into force on April 24, 1993, a date now celebrated annually as National Panchayati Raj Day.
Key Provisions and Facts:
- Insertion of Part IX and Eleventh Schedule:
- The Amendment inserted a new Part IX to the Constitution, titled "The Panchayats," which comprises Articles 243 to 243-O.
- It also added the Eleventh Schedule to the Constitution, which lists 29 functional items falling under the purview of Panchayats, defining their powers and responsibilities.
- Three-tier System of Panchayati Raj:
- The Act mandates a three-tier system of Panchayati Raj at the village, intermediate (block), and district levels.
- However, it makes an important exception: states with a population not exceeding 20 lakhs (2 million) are exempted from constituting Panchayats at the intermediate level. Therefore, the mandate is not universal regardless of population size.
- Fixed Term of Five Years:
- The Amendment provides for a uniform five-year term for all Panchayati Raj Institutions at every level.
- If a Panchayat is dissolved prematurely, elections to constitute a new Panchayat must be completed within six months from the date of its dissolution.
- Reservation of Seats:
- The Act mandates the reservation of seats for Scheduled Castes (SCs) and Scheduled Tribes (STs) in proportion to their population.
- It also reserves not less than one-third (33%) of the total number of seats for women, including the number of seats reserved for SC and ST women.
- State Election Commission and State Finance Commission:
- The Amendment provides for the constitution of an independent State Election Commission for superintendence, direction, and control of the preparation of electoral rolls and the conduct of elections to the Panchayats.
- It also mandates the constitution of a State Finance Commission every five years to review the financial position of the Panchayats and make recommendations regarding the distribution of taxes, duties, tolls, and fees.
Historical Context for Competitive Exams:
- The concept of Panchayati Raj was advocated by Mahatma Gandhi.
- The Balwant Rai Mehta Committee (1957) first recommended the three-tier Panchayati Raj system.
- The Ashok Mehta Committee (1977) recommended a two-tier system.
- The L.M. Singhvi Committee (1986) recommended constitutional recognition for Panchayati Raj Institutions and advocated for the establishment of Gram Sabhas.
- The 73rd Amendment was passed during the Prime Ministership of P.V. Narasimha Rao.