Question

Which of the following statements are correct regarding the 73rd and 74th Constitutional Amendments?

1. The 73rd Amendment added Part IX and the Eleventh Schedule, which includes 29 subjects related to Panchayats.

2. The 74th Amendment introduced Part IX-A and the Twelfth Schedule, which lists 18 subjects related to municipalities.

3. Both amendments were passed under the leadership of Prime Minister Rajiv Gandhi.

• A. 1 and 2
• B. 2 and 3
• C. 1 and 3
• D. All are correct

Answer 1

Answer:

A. 1 and 2

73rd and 74th Constitutional Amendments

• The 73rd and 74th Constitutional Amendment Acts, enacted in 1992, are landmark legislations that institutionalized local self-governance in India, providing constitutional status to Panchayats (rural local bodies) and Municipalities (urban local bodies) respectively. These amendments aimed to strengthen democracy at the grassroots level by making local bodies more accountable and empowered.

The 73rd Constitutional Amendment Act, 1992 (Panchayats)

• It received presidential assent on April 20, 1993, and came into force on April 24, 1993. This day is now celebrated as National Panchayati Raj Day.

• This amendment inserted a new Part IX titled 'The Panchayats' into the Constitution, consisting of provisions from Articles 243 to 243-O.

• It also added the Eleventh Schedule to the Constitution, which lists 29 functional items within the purview of Panchayats. These subjects include agriculture, land improvement, minor irrigation, animal husbandry, fisheries, social forestry, small scale industries, rural housing, drinking water, roads, health and sanitation, family welfare, women and child development, public distribution system, etc.

• The Act made it obligatory for states to organize Village Panchayats and established a three-tier system of Panchayati Raj: Gram Panchayat at the village level, Panchayat Samiti at the intermediate (block) level, and Zila Parishad at the district level.

• It mandated direct elections to all seats in Panchayats, fixed five-year tenure, reservation of seats for Scheduled Castes (SCs), Scheduled Tribes (STs), and one-third (33%) reservation for women (later many states increased it to 50%).

• Provisions for the constitution of a State Election Commission (for conducting Panchayat elections) and a State Finance Commission (for reviewing the financial position of Panchayats) were also made.

The 74th Constitutional Amendment Act, 1992 (Municipalities)

• This amendment also came into force on June 1, 1993.

• It inserted a new Part IX-A titled 'The Municipalities' into the Constitution, consisting of provisions from Articles 243-P to 243-ZG.

• It also added the Twelfth Schedule to the Constitution, which lists 18 functional items within the purview of Municipalities. These subjects include urban planning, regulation of land use, roads and bridges, public health, sanitation, fire services, slum improvement, urban poverty alleviation, cultural and educational aspects, etc.

• The Act provided for three types of Municipalities: a Nagar Panchayat for transitional areas (from rural to urban), a Municipal Council for smaller urban areas, and a Municipal Corporation for larger urban areas.

• Similar to the 73rd Amendment, it mandated direct elections, a fixed five-year tenure, and reservations for SCs, STs, and women in Municipalities.

• The powers and functions of the State Election Commission and State Finance Commission, established under the 73rd Amendment, were extended to include Municipal elections and finance.

Historical Context and Leadership

• While the conceptual groundwork for strengthening local self-governance was initiated during Rajiv Gandhi's tenure (specifically, the 64th and 65th Constitutional Amendment Bills related to Panchayats and Municipalities were introduced in 1989), these bills did not pass through both Houses of Parliament.

• The 73rd and 74th Constitutional Amendments were ultimately passed and enacted in 1992 when P.V. Narasimha Rao was the Prime Minister of India. His government successfully steered these pivotal reforms through Parliament.