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Local Governments

Question
CBSEENPO11021623

Examine the main provisions of 73rd Constitutional Amendment Act of 1992.

Or

What changes have been made in Panchayati Raj system under 73 Constitutional Amendment?

Solution

The provisions of 73rd Amendment Act made it mandatory the elections to Panchayats in 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 the other backward classes.

The Panchayats have been given the power and responsibility of local planning and mobilization of their own resources. As per the provisions of the Act, elections should be held within a period of 6 months from the date of dissolution of the local body. It has been left to the State Legislatures to make provisions for constituting District Level Committees. In the Panchayats at both block and district level ex-officio memberships have been given to the members of Parliament and the State Legislatures. The minimum age required to become a member of these Panchayats has been reduced to 21 years. The provisions have been made for the establishment of an independent State Election Commission. The provisions have also been made for the establishment of a State Finance Commission after every five years to review the finances of Panchayats.

Certain areas where 73rd Constitutional Amendment shall not apply: According to Article 243 , nothing provided in this amendment shall apply to the Scheduled Areas referred to in clause (1) and the Tribal Areas referred to in clause (2) of Article 244.

Also no provision of 73rd Amendment shall affect the functions and powers of the Darjeeling Gorkha Hill Council, constituted under any law for time being in force for the hill areas of the district of Darjeeling in the State of West Bengal.

However it is provided that not withstanding anything in this Constitution, Parliament by law can extend the provisions of 73rd Amendment to the scheduled areas and tribal areas referred to in clause (1) and (2) of Article 244 subject to such exceptions and modifications as may be specified in such laws and no such laws shall be deemed to be an amendment of the Constitution for the purpose of Article 268. In 1996, a separate act was passed extending the provision of the Panchayat System to these areas.