Q. Describe the basic provisions of the 73rd Constitutional Amendment Act. [BPSC-2005]
73rd amendment act was enacted in 1992 and came into force in 1993.. Through this amendment the Panchayati Raj was constitutionalised. This act fulfills an imperative need to provide certain basic and essential characteristics of the Panchayati Raj bodies in constitution to give certainty, continuity and strength to them. The basic provisions:
- This act has added a new Part-IX to the Constitution of India. This part is entitled as ‘The Panchayats’ and consists of provisions from Articles 243 to 243 O.
- In addition, the act has also added a new Eleventh Schedule to the Constitution. This schedule contains 29 functional items of the panchayats. It deals with Article 243-G.
- The act has given a practical shape to Article 40 of the Constitution which directs the State to take steps to organise village panchayats with adequate functions and powers.
- The provisions of the act can be grouped into two categories—compulsory and voluntary.
- The compulsory (mandatory or obligatory) provisions of the act have to be included in the state laws creating the new panchayati raj system. e.g. Organisation of Gram Sabha, Direct elections to all seats at all three levels, 21 years to be the minimum age for contesting elections to panchayats etc.
- The voluntary provisions, on the other hand, may be included at the discretion of the states. e.g. Giving representation to members of the Parliament and the state legislature in the panchayats at different levels falling within their constituencies, Providing reservation of seats for backward classes in panchayats at any level, Granting powers and authority to the panchayats etc.
- It organizes Gram Sabhas (villages) comprising all the adult members registered as voters.
- Forms Three-tier system of panchayats at village, intermediate block/taluk/mandal and district levels except in States with population is below 20 lakhs (Article 243B).
- Seats at all levels to be filled by direct elections Article 243C (2).
- Seats reserved for Scheduled Castes (SCs) and Scheduled Tribes (STs) and the chairpersons of the Panchayats at all levels also shall be reserved for SCs and STs in proportion to their population.
- One-third of the total number of seats to be reserved for women. (including the number of seats reserved for women belonging the SCs and STs).
- One-third offices of chairpersons at all levels reserved for women (Article 243D).
- Uniform five year term and elections to constitute new bodies to be completed before the expiry of the term.
- In the event of dissolution, elections compulsorily within six months (Article 243E).
- Independent Election Commission in each State for superintendence, direction and control of the electoral rolls (Article 243K).
- Panchayats to prepare plans for economic development and social justice in respect of subjects as devolved by law to the various levels of Panchayats including the subjects as illustrated in Eleventh Schedule (Article 243G).
- Constitution of a State Finance Commission after every five years to review the financial position of the panchayats.
- Some areas have been exempted from the operation of the Act because of the socio-cultural and administrative considerations. e.g. Scheduled areas listed under the V Schedule, The states of Nagaland, Meghalaya and Mizoram, The hill areas of district of Darjeeling in the state of West Bengal and that of Manipur.
Thus, the 73rd CAA was a comprehensive legislation and if the states adheres to its provision in letter and spirit is the definitely help realizing Gandhi’s vision of Gram swaraj.
