- The 73rd and 74th constitutional amendments, focusing on uniformity in structure of local governments across the nation and strengthening them, were introduced in 1989 and came into force in 1993.
- The 73rd Amendment concerns governance in rural areas (Panchayati Raj Institutions or PRIs) and the 74th amendment is about urban local governance (Nagarpalikas).
- Local government is a ‘State Subject’ aka the state has the authority to pass its own laws on the subject; However after the Constitutional revision, the states had to update their legislation to bring them on the same page with the new Constitution.
Important Provisions of the 73rd Amendment
The summary of what all comprises the 73rd amendment has been given in the tabular form below for an easier and faster understanding of students:
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The 73rd Constitutional Amendment
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Important Provisions
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Three Tier Structure (Panchayati Raj System)
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- All States to have a uniform three-tier Panchayati Raj structure.
- Gram Panchayat is the lowest level of government under the three tier system. ( A village or group of villages).
- The intermediary level is the Mandal (Block or Taluka). These institutions are called Mandal or Taluka Panchayats. They need not be constituted in smaller States.
- At the top of this tier is the Zila Panchayat covering the entire rural area of the District.
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Other notable provisions
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- Mandatory creation of the Gram Sabha which would consist of all the adult members registered as voters in the Panchayat area.
- The role and functions of Gram Sabha are decided by State legislation.
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Elections
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- All the three levels of Panchayati Raj institutions are to be elected directly by the people.
- The term of each Panchayat body is 5 years.
- If the State dissolves the Panchayat before the end of its 5 year term, new elections must be conducted within 6 months.
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Reservation
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- In all Panchayat bodies, women are given 1/3 of the seats in all categories. (Gen/SC/ST/OBC).
- Reservations are provided at all three levels for SC and ST, in proportion to their population.
- Reservations for backward castes can be made by the states if they deem it essential (OBCs).
- Reservations apply not only to ordinary members in Panchayats but also to the positions of Chairpersons or ‘Adhyakshas’ at all three levels.
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Transfer of Subjects
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- The power, jurisdiction and duty of panchayats are given in Article 243 G of the Indian Constitution.
- The Eleventh Schedule of the Constitution now includes twenty-nine subjects that were previously on the State list of subjects. These subjects are to be transferred to the Panchayati Raj institutions.
- Each State decides how many of these twenty-nine subjects would be transferred to the local bodies.
- Earlier, the provisions of the 73rd amendment were not applicable to the areas inhabited by the Adivasi populations in the many states of India. In 1996, a separate Act was passed extending the provisions of the Panchayat system to these areas.
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Election procedure and Budget Management of Local Governments
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State Election Commissioners
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- The State government appoints a State Election Commissioner who would be in-charge of conducting elections to the Panchayati Raj institutions.
- The State Election Commissioner’s office, like the ECI, is autonomous; The State Election Commissioner is an independent officer and not associated with the Election Commission of India nor under its supervision.
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State Finance Commission
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- Once every five years, the state government appoints a State Finance Commission.
- State Finance Commission examines the financial condition of the state’s local governments.
- The Commission also reviews the distribution of revenue between the State and local governments on the one hand and rural and urban local governments on the other. This ensures that the allocation of funds to the rural local governments is not influenced by political matters.
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Important Provisions Of 74th Amendment
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The 74th Constitutional Amendment
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Important Provisions
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Urban Area
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The Census of India defines an urban area as having:
- A minimum population of 5,000.
- At least 75 per cent of the male working population engaged in non-agricultural occupations.
- A density of population of at least 400 persons per sq. km.
- As per the 2011 Census, about 31% of India’s population lives in urban areas.
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- The Nagarpalikas aka urban local bodies, are the subject of the Amendment. There are 18 topics associated to municipalities in it. This amendment is inserted the ‘Twelfth Schedule’ to the Constitution.
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Other Provisions
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- The 74th amendment is similar to the 73rd amendment in many aspects like direct elections, reservations, State Election Commission and State Finance Commission, except that it applies to metropolitan areas.
- The Constitution mandated the transfer of a list of functions from the State government to the urban local bodies in the Twelfth Schedule of the Constitution.
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Local Governments Chapter 8 Class 11 Notes
A Local Government is a body of governance that works at the village/ district level and is the closest to the people, (e.g. Gram Panchayats, Nagarpalikas in India). The local government is involved in the daily lives of individuals living in villages or districts and makes efficient decisions better suited to these people.
This article discusses the Local Government System in India in detail, covering topics from their evolution over time, elections, impact, and the policies that affect Local Governments aka everything important there is to know for Class 11th political science students. Please go through this article properly for a better understanding of the topic.
Local Governments Class 11 Notes
Table of Content
- Why Local Government?
- Growth of Local Government in India
- Local Governments in Independent India
- 73rd and 74th Amendments
- Implementation of 73rd and 74th Amendments
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