THE 73RD CONSTITUTIONAL

AMMENDMENT ACT
PLANNING LEGISLATION

BACKGROUND:
Concept of Panchayati Raj was in existence since ancient India. The term panchayat raj
is relatively new, having originated during the British administration.
The panchayat raj is a South Asian political system mainly in India, Pakistan,
and Nepal. "Panchayat" literally means assembly (ayat) of five (panch) wise and
respected elders chosen and accepted by the local community and 'Raj' literally means
governance or government.
Traditionally, these assemblies settled disputes between individuals and villages.
Modern Indian government has decentralized several administrative functions to the local
level.
Mahatma Gandhi advocated Panchayati Raj, a decentralized form of Government
where each village is responsible for its own affairs, as the foundation of India's
political system. He believed in the power to all sections of people, and in grassroots
democracy. That is possible only through village panchayats. The term for such a vision
was "Gram Swaraj" (Village Self-governance).

After independence, Government of India was committed to set-up Panchayati Raj

System to provide real Swaraj to the people of rural areas to come out of poverty,
unemployment, illiteracy, disease, etc.
It was adopted by state governments during the 1950s and 60s as laws were passed to
establish Panchayats in various states.
Article 40 of the Constitution which enshrines one of the Directive Principles of
State Policy lays down that the State shall take steps to organize village panchayats
and endow them with such powers and authority as may be necessary to enable them
to function as units of self-government.
The States of Rajasthan and Andhra Pradesh were the first to adopt the system. By
1959, most states had Panchayat Acts and by the year 1960 Panchayati Raj institutions
had been set up in all parts of the country.
The constitutional (64th amendment ) bill, which was introduced in the parliament in
July 1989 by the prime minister Rajiv Gandhi. The introduction of this bill represented
the first attempt to confer constitutional status on rural local governments.

This Act was extended to Panchayats in the tribal areas of eight States, namely Andhra
Pradesh, Gujarat, Himachal Pradesh, Maharashtra, Madhya pradesh Orrisa and Rajasthan
from 24 December 1996.
Now panchayati raj system exists in all the states Nagaland, Meghalaya and Mizoram.
And also all the UTs except Delhi.

The 73rd Amendment Act, contains provision for devolution of powers and
responsibilities to the Panchayats to both for preparation of plans for
economic development and social justice and for implementation in relation
to twenty-nine subjects listed in the eleventh schedule of the constitution.

73rd Amendment Act, 1992

The Act aims to provide 3-tier system of Panchayati Raj for all States having
population of over 2 million, consists of

Village level panchayat

Block level panchayat
District level panchayat
To hold Panchayat elections regularly every 5 years,
To provide reservation of seats for Scheduled Castes, Scheduled
Tribes and Women,
To appoint State Finance Commission to make recommendations as regards the
financial powers of the Panchayats and
To constitute District Planning Committee to prepare draft development plan for the
district.

THREE-TIER STRUCTURE OF PANCHAYATI RAJ AND ITS

FUNCTIONS
(i) Panchayats at Village Level This is the basic or grasroots level of panchayati raj.
The panchayat for a village or a group of villages includes:
(a) Gram Sabha, the symbol of direct democracy;
(b) Gram Panchayat and
(c) Nyaya Panchayat
(a) Gram sabha
() Is an important feature of the 73rd amendment and it consists of all adult
residents within a village or group of villages.
()
It

It recommends new development projects to be undertaken by panchayats.

also helps in identifying poor people of the village so that they may be given
economic assistance

()
Generally, two meetings of Gram Sabha are held every year. In these
meetings,
the Gram Sabha as the general body of the people hear annual statement of

(b) Gram Panchayat

- The lower tier of the panchayati raj system in the country is the Village Level
Panchayat. It is known in most of the States as Gram Panchayat
- The members of a Gram Panchayat are directly elected by the people.
- The number of members of a Gram Panchayat is fixed on the basis of village
population. Hence, it differs from Panchayat to Panchayat
- Election is held on the basis of single-member constituency.
- As already mentioned, one-third of the total number of seats are reserved for
women; and some for Scheduled Castes and Tribes including one-third for
women of Scheduled Castes and Tribes.
- Chairpersons of Gram Panchayats are called by different names in different
States such as Sarpanch, Pradhan or President.
- There is also a Vice-Chairperson
- Both are elected by members of the Panchayat.
- Gram Panchayats generally hold their meetings once a month

Functions of Gram Panchayat

Preparation of annual development plan of panchayat area, annual budget,
relief in natural calamities and removal of encroachment on public lands

(c) Nyaya Panchayat

- These are judicial panchayats and reminder of ancient village panchayat that
settled local disputes.
- They are set up to provide speedy and inexpensive justice.
- Jurisdiction of Nyaya Panchayat varies from State to State one such panchayat
is set up for five or more gram panchayats. Their tenure is between 3 and 5
years, as determined by State law.
- Nyaya Panchayats generally deal with petty civil and criminal cases.
- There are no lawyers to plead the cases in Nyaya Panchayat.
- Parties to the disputes argue their own cases.

(ii) Panchayat Samiti

- The second or middle tier of the panchayati raj is Panchayat Samiti which
provides a link between Gram Panchayat and a Zila Parishad.
- The strength of a Panchayat Samiti depends on the population in a samiti area.
- In Panchayat Samiti, some members are directly elected
- The Sarpanchs of the Gram panchayats are ex-officio members of the Panchayat
Samitis.

- All the sarpanchs of Gram Panchayats are not members of Panchayat

Samitis at the same time.
- The number varies from State to State and is rotated annually. It means that only
chairpersons of some Gram Panchayats in a Samiti area are members of Panchayat
Samiti at a time.
- In some panchayats, members of Legislative Assemblies and Legislative Councils
as well as members of Parliament who belong to the Samiti area are co-opted as its
members. Chairpersons of Panchayat Samitis are, generally elected from among the
directly elected members.
Functions of Panchayat Samiti
- Panchayat Samitis are at the hub of developmental activities.
- They are headed by Block Development Officers (B.D.Os). Some functions are
entrusted to them like agriculture, land improvement, watershed development,
social and farm forestry, technical and vocational education, etc.
- The second type of functions relates to the implementation of some specific plans,
schemes or programmes to which funds are earmarked.
- It means that a Panchayat Samiti has to spend money only on that specific project.

(iii) Zilla Parishad

- Zilla Parishad at the District level is the uppermost tier of the Panchayati raj
system.
- This institution has some directly elected members whose number differs from
State to State as it is also based on population.
- Chairpersons of Panchayat Samitis are ex-officio members of Zilla Parishads.
- Members of Parliament, Legislative Assemblies and Councils belonging to the
districts are also nominated members of Zilla Parishads.
- The chairperson of a Zilla Pazishadn is called Adhyaksha or President, is
elected from among the directly elected members.
- The vice-chairperson is also elected similarly.
- Zilla parishad meetings are conducted once a month.

Functions of Zilla Parishad

- Zilla Parishad links panchayat samitis within the district. It coordinates their
activities and supervises their functioning.
- It prepares district plans and integrates samiti plans into district plans for
submission to the State Government.
- Zilla Parishad looks after development works in the entire district. It undertakes
schemes to improve agricultural production, exploit ground water resources,
extend rural electrification and distribution and initiate employment generating
activities, onstruct roads and other public works.
- It also performs welfare functions like relief during natural calamities and scarcity
and poor homes, night shelters, welfare of women and children etc.
- In addition, Zilla Parishads perform functions entrusted to them under the Central
and State Government sponsored programmes.

SWOT analysis for 73rd Amendment Act

STRENGTH

WEAKNESS

CONSTITUTIONAL STATUS
1)Power for decision making at village level.
2)Representation for weaker sections.
3)Framework for 4 Fs
i) Functions
ii) Functionaries
iii) Funds
iv)
Freedom
OPPORTUNITIES

1)Lack of Awareness, rules, byelaws etc.

(illiteracy of
peoples)
2)Decision making not yet broad-based.
3)Influence of elite in the village planning.

1)Peoples participation providing good

governance at grassroots level.
2)Involvement of people in their village
development planning.
3)Resources Mobilization, cash, kind or
labour for local development.
4)Increasing the sense of responsibility in
people for managing their affairs.

Resistance by the existing government and

traditional village setup
1)Disparities of caste, class, gender etc.
2)Resistance at the state & national levels
political groups to share power.
3)Resistance from the rural elites and
dominating class to share power with
disadvantaged groups.

SWOT

THREATS

BRIEF ABOUT THE ARTICLES IN THE 73RD

CONSITITUTIONAL AMENDMENT ACT
Article 243 : Definitions:
a)
b)
c)
d)
e)
f)
g)

District
Gram Sabha
Intermidiate levels
Panchayat
Panchayat Area
Population
Village

Article 243 A : Gram sabha

A Gram Sabha may exercise such powers and perform such functions at the village level as
the Legislature of a State may, by law, provide.
Article 243 B : Constitution of Panchayats
(1) There shall be constituted in every State, Panchayats at the village, intermediate and
district levels in accordance with the provisions of this Part.
(2) Notwithstanding anything in clause (1), Panchayats at the intermediate level may not
be constituted in a State having a population not exceeding twenty lakhs.

Article 243 C: Composition of Panchayats

(1) Subject to the provisions of this Part, the Legislature of a State may, by law,
make provisions with respect to the composition of Panchayats:
Provided that the ratio between the population of the territorial area of a
Panchayat at any level and the number of seats in such Panchayat to be filled by
election shall, so far as practicable, be the same throughout the State.
(2) All the seats in a Panchayat shall be filled by persons chosen by direct election
from territorial constituencies in the Panchayat area and; for this purpose, each
Panchayat area shall be divided into territorial constituencies in such manner
that the ratio between the population of each constituency and the number of
seats allotted to it shall, so far as practicable, be the same
throughout the Panchayat area.
(3) The Chairperson of (a) a Panchayat at the village level shall be elected in such manner as the
Legislature of a State may, by law, provide; and
(b) a Panchayat at the intermediate level or district level shall be elected by, and
from amongst, the elected members thereof.

Article 243 D: Reservation of seats

(1) Seats shall be reserved for(a) the Scheduled Castes; and
(b) the Scheduled Tribes, in every Panchayat and the number of seats of reserved
shall bear, as nearly as may be, the same proportion to the total number of
seats
to be filled by direct election in that Panchayat as the population of the
Scheduled Castes in that Panchayat area or of the Scheduled Tribes in that
Panchayat area bears to the total population of that area and such seats may be
allotted by rotation to different constituencies in a Panchayat.
(2) Not less than one-third of the total number of seats reserved
under clause (1) shall be reserved for women belonging to the Scheduled
Castes or, as the case may be, the Scheduled Tribes.
(3) Not less than one-third (including the number of seats reserved for women
belonging to the Scheduled Castes and the Scheduled Tribes) of the total number
of seats to be filled by direct election in every Panchayat shall be reserved for
women and such seats may be allotted by rotation to different constituencies in a
Panchayat.

Article 243 E: Duration of panchayats

(1) Every Panchayat, unless sooner dissolved under any law for the time being
in force, shall continue for five years from the date appointed for its first
meeting and no longer.
(2) No amendment of any law for the time being in force shall have the
effect of causing dissolution of a Panchayat at any level, which is
functioning immediately before such amendment, till the expiration of its
duration specified in clause (1)
(3) An election to constitute a Panchayat shall be completed(a) before the expiry of its duration specified in clause (1);
(b) before the expiration of a period of six months from the date of
its dissolution:
Provided that where the remainder of the period for which the
dissolved Panchayat would have continued is less than six months, it
shall not be necessary to hold any election under this clause for
constituting the Panchayat for such period.

Article 243 F : Disqualification for membership

A person shall be disqualified for being chosen as, and for being, a member
of a Panchayatif he is so disqualified by or under any law for the time being in force for the
purposes of elections to the Legislature of the State concerned:
Provided that no person shall be disqualified on the ground that he is less than
twenty-five years of age, if he has attained the age of twenty-one years; if he is
so disqualified by or under any law made by the Legislature of the State.

Article 243 G: Powers, authority and responsibilities of panchayat

Subject to the provisions of this Constitution, the Legislature of a State may, by
law, endow the Panchayats with such powers and authority as may be necessary
to enable them to function as institutions of self-government and such law may
contain provisions for the devolution of powers and responsibilities upon
Panchayats
at
the
appropriate
level, subject to such conditions as may be specified therein, with respect to(a) the preparation of plans for economic development and social justice;
(b) the implementation of schemes for economic development and social justice as
may be entrusted to them including those in relation to the matters listed in the
Eleventh Schedule.

Article 243 H: Powers to impose taxes by, and Funds of, the Panchayats
The Legislature of a State may, by law,(a) authorize a Panchayat to levy, collect and appropriate such taxes, duties, tolls and fees in
accordance with such procedure and subject to such limits;
(b) assign to a Panchayat such taxes, duties, tolls and fees levied and collected by the State
Government for such purposes and subject to such conditions and limits;
(c) provide for making such grants-in-aid to the Panchayats from the Consolidated
Fund of the State; and
(d) provide for Constitution of such Funds for crediting all moneys received,
respectively, by or on behalf of the Panchayats and also for the withdrawal of
such moneys therefrom, as may be specified in the law.
Article 243 I: Constitution of Finance Commission to review financial position
(1) The Governor of a State shall, as soon as may be within one year from the
commencement of the Constitution (Seventy-third Amendment) Act, 1992, and thereafter at
the expiration of every fifth year, constitute a Finance Commission to review the financial
position of the Panchayats and to make recommendations to the Governor as to(a) the principles which should govern(i) the distribution between the State and the Panchayats of the net proceeds of the taxes,
duties, tolls and fees leviable by the State, which may be divided between them under this Part
and the allocation between the Panchayats at all levels of their respective shares of
such proceeds;
(ii) the determination of the taxes, duties, tolls and fees which may be assigned to, or
appropriated by, the Panchayat;
(iii) the grants-in-aid to the Panchayats from the Consolidated Fund of the State;

(b) the measures needed to improve the financial position of the

Panchayats;
(c) any other matter referred to the Finance Commission by the Governor in
the interests of sound finance of the Panchayats.
Article 243K: Elections to the Panchayats
(1) The superintendence, direction and control of the preparation of electoral rolls for,
and the conduct of, all elections to the Panchayats shall be vested in a State
Election Commission consisting of a State Election Commissioner to be appointed
by the Governor.
(2) Subject to the provisions of any law made by the Legislature of a
State, the conditions of service and tenure of office of the State
Election Commissioner shall be such as the Governor may by rule determine:
Provided that the State Election Commissioner shall not be removed
from his office except in like manner and on the like grounds as a Judge of a
High Court and the conditions of service of the State Election Commissioner shall
not be varied to his disadvantage after his appointment.
(3) The Governor of a State shall, when so requested by the State
Election Commission, make available to the State Election Commission such staff
as may be necessary for the discharge of the functions conferred on the State
Election Commission

Article 243 J: Audit of accounts of Panchayats

The Legislature of a State may, by law, make provisions with respect to the
maintenance of accounts by the Panchayats and the auditing of such accounts.

Article 243 L : Application to Union territories

The provisions of this Part shall apply to the Union territories and shall, in their
application to a Union territory, have effect as if the references to the Governor of a
State were references to the Administrator of the Union territory appointed under
article 239 and references to the Legislature or the Legislative Assembly of a
State were references, in relation to a Union territory having a Legislative
Assembly, to that Legislative Assembly:
Provided that the President may, by public notification, direct that the provisions
of this Part shall apply to any Union territory or part thereof subject to such
exceptions and modifications as he may specify in the notification.

Article 243 M: Part not to apply to certain areas

(1) Nothing in this Part shall apply to the Scheduled Areas referred to in clause (1), and the
tribal areas referred to in clause (2), of article 244.
(2) Nothing in this Part shall apply to(a) the States of Nagaland, Meghalaya and Mizoram;
(b) the Hill Areas in the State of Manipur for which District Councils exist under any law
for the time being in force.
(3) Nothing in this Part(a) relating to Panchayats at the district level shall apply to the hill areas of the District of
Darjeeling in the State of West Bengal for which Darjeeling Gorkha Hill Council exists
under any law for the time being in force;
(b) shall be construed to affect the functions and powers of the Darjeeling Gorkha Hill
Council constituted under such law.

Article 243 N: Continuance of existing laws and Panchayats

Notwithstanding anything in this Part, any provision of any law relating to Panchayats
in force in a State immediately before the commencement of the Constitution (Seventythird Amendment) Act, 1992, which is inconsistent with the provisions of this Part, shall
continue to be in force until amended or repealed by a competent Legislature or other
competent authority or until the expiration of one year from such commencement,
whichever is earlier:
Provided that all the Panchayats existing immediately before such commencement shall
continue till the expiration of their duration, unless sooner dissolved by a resolution passed to
that effect by the Legislative Assembly of that State or, in the case of a State having a
Legislative Council, by each House of the Legislature of that State.

Article 243 O: Bar to interference by courts in electoral matters

Notwithstanding anything in this Constitution,(a) the validity of any law relating to the delimitation of constituencies or
the allotment of seats to such constituencies, made or purporting to be made
under article 243K, shall not be called in question in any court;
(b) no election to any Panchayat shall be called in question except by an election
petition presented to such authority and in such manner as is provided for by
or under any law made by the Legislature of a State

Article 243 ZD: Committee for District planning

Mandates the constitution of district planning committees to consolidate the
plans prepared by both rural and urban local bodies.

11th Schedule :
An indicative list of 29 items has been given in Eleventh Schedule of the Constitution.
Panchayats are expected to play an effective role in planning and implementation of
works related to these 29 items:.
1. Agriculture, including agricultural extension.
2. Land improvement, implementation of
land reforms, land consolidation and soil
conservation.
3. Minor irrigation, water management and
watershed development.
4. Animal husbandry, dairying and poultry
5. Fisheries
6. Social forestry and farm forestry.
7. Minor forest produce
8. Small scale industries, including food
processing industries
9. Khadi, village and cottage industries.
10. Rural housing
11. Drinking water
12. Fuel and fodder
13. Roads, culverts, bridges, ferries, waterways
and other means of communication
14. Rural electrification, including distribution
of electricity

15. Non-conventional energy sources

16. Poverty alleviation programme
17. Education, including primary and
secondary schools
18. Technical training and vocational
education.
19. Adult and non-formal education.
20. Libraries.
21. Cultural activities.
22. Markets and fairs.
23. Health and sanitation,
including hospitals,
primary health centres
and dispensaries.
24. Family welfare.
25. Women and child development.
26. Social welfare, including welfare of the
handicapped and mentally retarded.
27. Welfare of the weaker sections,
and in particular, of the Scheduled Castes
and the Scheduled Tribes
28. Public distribution system.
29. Maintenance of community assets

DIFFERENCE BETWEEN 73RD & 74TH CONSTITUTIONAL

AMENDMENT ACT
73RD CONSTITUTIONAL
AMENDMENT ACT

74TH CONSTITUTIONAL
AMENDMENT ACT

1. Also known as Panchayati Raj Act

1. Also known as Nagarpalika Act

2. It is in Rural context

2. It is in Urban context

3. It proposed a three tier system of

3. It proposed constitution of three types
governance at 3 levels:(i) Gram (village or group of villages),
of Municipalities:(i) Nagar Panchayats (areas in
(ii) Janpad (block) and
transition from rural to urban area),
(iii) Zilla (district).
(ii) Municipal Councils (smaller urban
areas) and
(iii) Municipal Corporations (larger
urban areas).
4. All the members at all the levels are
elccted by general elections.

4. Besides elected, it also provides for

nominated members at various levels

73RD CONSTITUTIONAL
AMENDMENT ACT

74TH CONSTITUTIONAL
AMENDMENT ACT

5. Urban municipal institutions of selfgovernment have been endowed

with power and authority to
formulate and implement schemes
for economic development and
social justice on 29 subjects

5. Urban municipal institutions of selfgovernment have been endowed

with power for
preparation of plans for economic

6. The State Legislature have been

given the power to authorise the
Panchayats to levy, collect and
appropriate suitable local taxes and
also provide for making grants-inaid to the Panchayats from the
consolidated fund of the concerned
state.

development and for the

implementation of
development schemes and social
justice on 18 subjects.
6. Developmental Committees, namely,
(DPC) and Metropolitan Planning
Committees have been constituted
and The State Finance Commission
would ensure financial viability of
the Municipalities and Municipal
funds would be augmented through
taxes, tolls, duties and fees, grantsin- aid.

THANK YOU