73rd Constitutional Amendment Act of 1992

Importance of the 73rd Amendment

• Under this amendment, a new schedule i.e. the eleventh schedule and ninth part was added to the Indian Constitution.
• The part 9 of the constitution extends from article 243 to 243(O).
• It also provides powers to the State government to provide powers to the panchayat raj by shaping the DPSP in Part 4 of the constitution.
• This act consists of two parts: compulsory and voluntary. Mandatory provisions should be added to state law, including the creation of a new Panchayati Raj system. Voluntary provisions, on the other hand, are at the discretion of state governments.
• This law is a very important step towards establishing democratic institutions at the grassroots level in the country. This law transformed representative democracy into participatory democracy.

Features of the 73rd Amendment

• Establishment of Gram Sabha: It works as the primary body for the Panchayati Raj system. All the voters of an area are automatically a part of the Gram Sabha. The functions and powers of the Gram Sabha are decided by the State Legislature.
• 3 Tier system: Under this act, a 3 tier Panchayati Raj system was setup. The intermediate level may not be present at the states with population less than 20 lakhs.
• Functions: The act provides powers on 29 items to the Panchayat as per the Indian Constitution (Schedule 11).
• Elections: All the members of Panchayati raj are directly elected whereas the chairperson are indirectly elected from the elected members at the intermediate and district level. The chairperson at village level is elected as per the directions of the state.
• Seat Reservation: The act also provides for the reservation of seats in Panchayati Raj system as follows:
  • SC/ ST reservation: Seats for SC and ST should be reserved in proportion to their population out of which 1/3rd of the seats are also reserved for SC/ ST women.
  • Women reservation: 1/3rd of the seats will be reserved for women. 1/3rd of seats of the chairpersons at all levels will also be reserved for women.
• Elections: Elections should be conducted every 5 years before the expiry of the tenure of the Panchayat. If the Panchayat is dissolved, then the elections need to be conducted mandatory within 6 months.
• State Election Commission: A state election commission should be set up to look into the conduction of elections for the Panchayat. It should look after all the activities such as superintending, controlling, and directing the elections.
• Finance Commission: A finance commission should also be set up in each state to decide and look after the allocation of resources to the Panchayati raj system for its smooth functioning.
• Exempted areas: This act shall not be applicable to certain areas which include the states of Nagaland, Meghalaya, Mizoram, tribal areas, Manipur hill area, and Darjeeling district.