In what ways the 73rd and 74th constitutional amendments are considred landmark in Indian history?no spam.
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The state governments effectively enjoyed power in the holding of elections to local bodies. The 73rd and 74th amendments take away an option that the state government previously had though it chose not to exercise it. And in politics, as in finance, options have value even if not ultimately exercised.
Until the passage of the 73rd and 74th constitutional amendments, the states were the only sub- national units officially recognized by the Indian constitution. And the constitution grants individual states considerable legislative autonomy.
Schedule Seven of the Constitution explicitly demarcates the respective legislative domains of the state legislatures and the national parliament. The functional areas over which the national parliament has exclusive domain are specified in List I, also called the "Union List".
Items on this list include among other things, defense, foreign affairs, currency, income taxes, inter-state commerce, and key infrastructure. On the other hand, state legislatures have exclusive authority to enact legislation dealing with the items in List II, known as the "State List".
ed against the bill was that it offered the states little discretion in the design of local government reforms.
The 73rd and 74th constitutional amendments were introduced in parliament in September, 1991 by the government of Prime Minister Narasimha Rao of the Congress(l) Party in the form of two separate bills: the 72nd Amendment Bill for rural local bodies (also known as Panchayats) and the 73rd Amendment Bill for municipalities.
They were referred to a Joint Select Committee of Parliament and were ultimately passed as the 73rd and 74th Amendment Bills in December, 1992. After the bills were ratified by the state assemblies of more than half the states, the President gave his assent on April 20, 1993.
The amendments were then officially enacted through the issuance of government notifications the Constitution (73rd Amendment) Act, 1992 (commonly referred to as the Panchayati Raj Act) went into effect on April 24, 1993, and the Constitution (74th Amendment) Act, 1992 (the Nagarpalika Act), on June 1, 1993.
With local governments being a state subject in Schedule Seven of the constitution, any legislation reforming the structure of local government has to; ultimately, be enacted at the state level. The first task of the states was therefore to pass conformity acts, which either introduced new legislation or amended existing legislation, to bring the state laws into line with the provisions of the amendment. Under the amendments, states had a year, from the date the amendment went into effect, to do so.
Because the amendments contain both mandatory and discretionary provisions, the degree of flexibility afforded the states in this task varied with the provision in question.
The distinction between mandatory and discretionary provisions is embodied in the specific language adopted in the Acts and carried over into the newly inserted articles of the Constitution.
The mandatory provisions were those that contain the word "shall" in referring to the steps that individual states needed to take.
In the discretionary provisions, on the other hand, the word "may" figures prominently. And so, while many of the discretionary provisions laid out a vision and created a space for individual states to legislatively innovate in reforming local government, ultimately, the design and scope of particular reforms was left to the discretion of individual state legislatures.
Of the mandatory provisions of the Panchayati Raj Act, the most critical are those that strengthen the structure of representative democracy and political representation at the local level.
The key mandatory provisions are:
The establishment in every state (except those with populations below 2 million) of rural local bodies (panchayats) at the village, intermediate and district levels (Article 243B)
Until the passage of the 73rd and 74th constitutional amendments, the states were the only sub- national units officially recognized by the Indian constitution. And the constitution grants individual states considerable legislative autonomy.
Schedule Seven of the Constitution explicitly demarcates the respective legislative domains of the state legislatures and the national parliament. The functional areas over which the national parliament has exclusive domain are specified in List I, also called the "Union List".
Items on this list include among other things, defense, foreign affairs, currency, income taxes, inter-state commerce, and key infrastructure. On the other hand, state legislatures have exclusive authority to enact legislation dealing with the items in List II, known as the "State List".
ed against the bill was that it offered the states little discretion in the design of local government reforms.
The 73rd and 74th constitutional amendments were introduced in parliament in September, 1991 by the government of Prime Minister Narasimha Rao of the Congress(l) Party in the form of two separate bills: the 72nd Amendment Bill for rural local bodies (also known as Panchayats) and the 73rd Amendment Bill for municipalities.
They were referred to a Joint Select Committee of Parliament and were ultimately passed as the 73rd and 74th Amendment Bills in December, 1992. After the bills were ratified by the state assemblies of more than half the states, the President gave his assent on April 20, 1993.
The amendments were then officially enacted through the issuance of government notifications the Constitution (73rd Amendment) Act, 1992 (commonly referred to as the Panchayati Raj Act) went into effect on April 24, 1993, and the Constitution (74th Amendment) Act, 1992 (the Nagarpalika Act), on June 1, 1993.
With local governments being a state subject in Schedule Seven of the constitution, any legislation reforming the structure of local government has to; ultimately, be enacted at the state level. The first task of the states was therefore to pass conformity acts, which either introduced new legislation or amended existing legislation, to bring the state laws into line with the provisions of the amendment. Under the amendments, states had a year, from the date the amendment went into effect, to do so.
Because the amendments contain both mandatory and discretionary provisions, the degree of flexibility afforded the states in this task varied with the provision in question.
The distinction between mandatory and discretionary provisions is embodied in the specific language adopted in the Acts and carried over into the newly inserted articles of the Constitution.
The mandatory provisions were those that contain the word "shall" in referring to the steps that individual states needed to take.
In the discretionary provisions, on the other hand, the word "may" figures prominently. And so, while many of the discretionary provisions laid out a vision and created a space for individual states to legislatively innovate in reforming local government, ultimately, the design and scope of particular reforms was left to the discretion of individual state legislatures.
Of the mandatory provisions of the Panchayati Raj Act, the most critical are those that strengthen the structure of representative democracy and political representation at the local level.
The key mandatory provisions are:
The establishment in every state (except those with populations below 2 million) of rural local bodies (panchayats) at the village, intermediate and district levels (Article 243B)
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73rd amendment in l992. contains provisions of pachayati raja and it is eleventh schedule.74th amendment in 1992. contains provisions of municipal corporation.
in 1992 government led by p.v narasimha rao passed an important amendment to the Constitution to provide local self governments a constitutional status.the 73rd constitutional amendment created institutions of local self government at the village level while the 74th constitutional amendment did the same in towns and cities.
in 1992 government led by p.v narasimha rao passed an important amendment to the Constitution to provide local self governments a constitutional status.the 73rd constitutional amendment created institutions of local self government at the village level while the 74th constitutional amendment did the same in towns and cities.
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