Discuss the main features of the constitution (73rd amendment) act, 1992
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THE 73rd AMMENDMENT WAS TOOK PLACE UNDER THE RULE OF P.V.NARASIMHA RAO.IT DISCUSS ABOUT LOCAL SELF GOVERNMENT WHICH IS IN VILLAGES THAT MEANS PANCHAYATI RAJ AND 7TH AMMENDMENT ON TOWNS.....
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The Amendment Act has added part IX to the Constitution of India entitled as ‘Panchayats’. The part consists of provisions from Article 243 to 243-0. A new schedule called as Eleventh Schedule lists 29 functional items that panchayats are supposed to deal with under Article 243-G. The basic provisions of the Act are divisible into compulsory provisions and voluntary arrangements.
The provisions which the state statutes will have to provide for are:
(1) Creation of a State Elections Commission to conduct elections to PRIs,
(2) In order to review the financial position of the PRIs, each state to set up a State Finance Commission for five years.
(3) Tenure of PRIs fixed at five years and, if dissolved earlier, fresh elections to be held within six months,
(4) Creation of a three-tier Panchayati Raj structure at the zila, block and village levels,
(5) The minimum age for contesting elections to PRIs to be 18 years,
(6) Reservation for women in panchayats (chairman and members) up to one-third seats,
(7) Reservation of seats for SC/ST in panchayats (chairman and members) in proportion to their population,
(8) Indirect elections to the post of chairman at the intermediate and apex tiers,
(9) All posts at all levels (with two exceptions) to be filled by direct elections, and
(10) Organisation of gram sabhas.
As local self-government is an item in the State List, the state governments have been given a reasonable discretion to take decisions in the following areas.
These voluntary provisions vary from state to state:
(1) Voting rights to MPs and MLAs in these bodies,
(2) Reservation for backward classes,
(3) Financial powers,
(4) Autonomy of the panchayats, and
(5) Devolution of powers to perform functions of the Eleventh Schedule and planning.
The Eleventh Schedule of the Act enumerates 29 subjects which fall in the purview of the panchayats. The Act has refrained from putting those into the Seventh Schedule of three lists for the simple reason that states are free to determine the Panchayati Raj activities and adjust this Eleventh Schedule as per situations and resources. The Schedule is quiet flexible and exhaustive.
The PRI can make rules, regulations and administer them by creating services and charging tax, cess, octroi, etc., in lieu of these functional services. The Tenth Finance Commission suggested grants-in-aid for the local bodies from state exchequers to supplement their efforts. The panchayati institutions can take policy decisions in the areas like land reform, ecology preservation, rural industries and farming. The PR institutions have been accepted as the implementing agency of the state governments.
The provisions which the state statutes will have to provide for are:
(1) Creation of a State Elections Commission to conduct elections to PRIs,
(2) In order to review the financial position of the PRIs, each state to set up a State Finance Commission for five years.
(3) Tenure of PRIs fixed at five years and, if dissolved earlier, fresh elections to be held within six months,
(4) Creation of a three-tier Panchayati Raj structure at the zila, block and village levels,
(5) The minimum age for contesting elections to PRIs to be 18 years,
(6) Reservation for women in panchayats (chairman and members) up to one-third seats,
(7) Reservation of seats for SC/ST in panchayats (chairman and members) in proportion to their population,
(8) Indirect elections to the post of chairman at the intermediate and apex tiers,
(9) All posts at all levels (with two exceptions) to be filled by direct elections, and
(10) Organisation of gram sabhas.
As local self-government is an item in the State List, the state governments have been given a reasonable discretion to take decisions in the following areas.
These voluntary provisions vary from state to state:
(1) Voting rights to MPs and MLAs in these bodies,
(2) Reservation for backward classes,
(3) Financial powers,
(4) Autonomy of the panchayats, and
(5) Devolution of powers to perform functions of the Eleventh Schedule and planning.
The Eleventh Schedule of the Act enumerates 29 subjects which fall in the purview of the panchayats. The Act has refrained from putting those into the Seventh Schedule of three lists for the simple reason that states are free to determine the Panchayati Raj activities and adjust this Eleventh Schedule as per situations and resources. The Schedule is quiet flexible and exhaustive.
The PRI can make rules, regulations and administer them by creating services and charging tax, cess, octroi, etc., in lieu of these functional services. The Tenth Finance Commission suggested grants-in-aid for the local bodies from state exchequers to supplement their efforts. The panchayati institutions can take policy decisions in the areas like land reform, ecology preservation, rural industries and farming. The PR institutions have been accepted as the implementing agency of the state governments.
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