write an essay on implementation of 73rd amendment act in india in relation to panchayti Raj?
Answers
The 73rd amendment 1992 added a new part IX the constitution titled "The Panchayats" covering provisions from article 243 to 243(O) and a new eleventh schedule covering 29 subjects within the functions of the panchayat.
Through these amendments local self - governance was introduced in rural and urban India. The acts came into force as the constitution 73rd amendment act, 1992 on April 24, 1993.
The provisions of 73rd amendment act made it mandatory the elections to panchayats due time on regular basis . It makes provisions for the reservation of seats at all the three levels in favour of women, the scheduled castes, the scheduled tribes and other backward classes.
The "73rd Amendment 1992" included a new "Part IX" to the "constitution" titled “The Panchayats” that covered provisions from "Article 243 to 243(O)"; and a new XI Schedule which covered "29 subjects" within the Panchayats' functions.
Explanation:
Article 40 of the DPSP states that the State must take steps in order to organize and empower the village panchayats as necessary so as to operate as "self-governmental units" and upgrade from unjustified to justifiable parts of the constitution and has made enforced constitutional obligations on states to adopt the "Panchayati Raj Acts". However, states are provied wih enough freedom to conside their politico-administrative, geographical, & other conditions when adopting the "Panchayati Raj System".
Salient Features
Gram Sabha
- Gram Sabha is an organization comprising, on the village level, all of the persons "registered" in the election rolls in the Panchayat area. Because Gram Sabha comprise members "registered" in "electoral rolls", no elected representatives are present. In addition, Gram Sabha is the only permanent unit in the "Panchayati Raj" system and has not been formed for a given time. Though it act as the Panchayati Raj foundation, it is not amongst the "3 tiers" of the same. While the Panchayati Raj was established, it was not yet in the three stages. Gram Sabha's powers and duties are determined by the rule of law.
Three Tiers of Panchayati Raj
- Part IX provides for a framework for "3 tiers" of panchayat which is composed of "village, intermediate and district levels" in every state. In the "Panchayati Raj" system of India this rule introduced uniformity. Nevertheless, states which had a population of less than 20 lakhs did not have the intermediate stage.
- Elections are held at all three tiers. In addition, the intermediate and district chairman of the panchayats is "indirectly elected" from among the Members elected. However, as specified by the state in the "Panchayati Raj Act", elections for Panchayat Chairperson (Sarpanch) can be direct or indirect.
Reservation of Seats
- The seats for "SCs & STs" are reserved at every Panchayat level. For "SCs & STs", the seats will be reserved according to their populace at each level. Of all reserved seats, 1/3 should be reserved for the SC&ST women. 1/3rd should be "reserved for women" in the total no. of seats for direct elections.
- An amendment bill is awaiting to raise women's quotas to 50%. The seats reserved may be allocated to "different constituencies" of the Panchayat by rotation. The State make reservations to the Chairpersons' office by statute as well.
Panchayat Duration
- There has been a fixed term for the Panchayats for 5 years & election needs to be held before the term expire. The Panchayat may however be dissolved in compliance with state laws earlier for certain reasons. The elections will be held in this situation before the "expiry of six months" of the dissolution.
Disqualification of Members
- Under Article 243F, disqualifications of membership shall be provided for. In compliance with this article, any person eligible to become an MLA is eligible to become a Panchayat member but the specified minimum age is 21 years for Panchayat. In fact, by statute the state legislature shall agree on the conditions of disqualification.
Finance Commission
- State Govt requires to appoint a "finance commission" every 5 years, that would "review the financial position" of the "Panchayats" & make recommendation on distribution of taxes, tolls, duties, fees, and so on levied by the state that is to be "divided" between the P"anchayats; allocation of proceeds between "various tiers; grant in "aids"; tolls, taxes, & fees assigned to "Panchayats".
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