SCHOOL OF LEGAL STUDIES, COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY

Law Of Local Self

Government
ASSIGNMENT
73RD AND 74TH CONSTITUTIONAL AMENDMENTS AND
CONSEQUENTIAL DEVELOPMENTS

SUBMITTED BY,
SMRUTHY N. PRADEEP
IX SEMESTER
ROLL No. 26
BBA L.L.B. (Hons.)
 TABLE OF CONTENTS

Title Page No.

Introduction 3
Historical background 4
73rd Amendment 5
74th Amendment 10
Appraisal and rating of the Constitutional 15
Amendment
Consequential Developments 17
Conclusion 19
Bibliography 20

1
2
 INTRODUCTION

India: Panchayati Raj Development Report, 2001 (Vol.I) by NIRD, Hyderabad states:

The rationale for The Constitutional Amendments of 1992 was that the Panchayati Raj
Institutions had been in existence for a long time, but they had failed to acquire status and
dignity due to irregular elections, prolonged super sessions, inadequate representation for
women and weaker sections, insufficient devolution of powers, and lack of financial
resources. These lacunae could not be rectified until appropriate constitutional support to the
PRIs was provided by including certain basic and essential features in the Constitution itself
to impart to them a measure for a mandatory set-up for the Panchayati-Raj institutions, based
on holding of periodic elections to these bodies, provision of reservation for the weaker
sections and a mechanism to provide financial assistance to them on a regular basis.1

The Constitutional Amendments of 1992 was considered by the experts as an answer to the
imperative need to enshrine in the Constitution certain basic and essential features of Local
Self-governments to impart certainty, continuity and strength.

The Central Government showed the political will to constitutionalise the status of Local
Self-government institutions in larger public interest. The Constitutional amendment Acts has
therefore been cherished as a watershed event for achieving rural development through
democratic decentralisation. It has laid down certain mandatory provisions in terms of
structural organisation of Local Self-government institutions while the functional aspects are
left to the option of respective states.

First concrete measure to give constitutional sanction to Panchayati Raj institutions was taken
by Rajiv Gandhi’s Government by introducing the 64th Constitutional amendment Bill on
Local government in 1989. But it was defeated by a small margin in Rajya Sabha. But
Narsimha Rao’s Government has been successful in enacting the Constitution Amendment
Act, 1992, which includes various provisions for strengthening Panchayats at all levels.

1
Mukheri and Yugandhar, 1994

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 THE CONSTITUTIONAL AMENDMENTS OF 1992 – HISTORICAL
BACKGROUND

The village Panchayat was a unit of local administration since the early British days, but they
had to work under Government control. When Indian leaders pressed for local autonomy at
national level the British government sought to meet this demand by offering concession at
the lowest level, at the initial stage, by giving powers of self-government to Panchayats in
rural area and Municipalities in urban areas, under various local names under different
enactments.

In the government of India Act, 1935 the power to enact legislation was specifically given to
the Provincial Legislature by Entry 12 in the Provincial Legislative List. By virtue of this
power, new Acts were enacted by many other States vesting powers of administration,
including criminal justice, in the hands of the Panchayats.

Notwithstanding such existing legislation, the makers of the Constitution of Independent

India were not much satisfied with the working of these local bodies as institutions of popular
government and therefore, a Directive was included in the Constitution of 1949 in Article
40.2

But notwithstanding this Directive in Art. 40, not much attention was given to hold elections
in these local units as unit of representative democracy in the country as a whole. It was
considered necessary to further the organisation of these local units by inserting specific
provisions in the Constitution itself on the basis of which the Legislatures of the various
states might enact detailed laws according to the guidelines provided by the Constitutional
provisions.

The ideas so evolved, culminated in the passing of Constitution 73rd and 74th Amendment
Acts, 1992 which inserted Parts IX and IX-A in the Constitution.

2
The state shall take steps to organise village panchayats and endow them with such powers and authority as
may be necessary to enable them to function as units of self-government.

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 CONSTITUTION (73RD AMENDMENT) ACT

A new part IX has been added to the Constitution consisting of Articles 243 to 243 – O and a
new Schedule viz., Eleventh schedule has also been added to the constitution by Constitution
(Seventy-third Amendment) Act, 1992 with effect from 24.4. 1993. The amendment is
intended to give effect to Art. 40 of Directive Principles of State Policy. Article 40 directs the
State to take steps to organise village Panchayats and vest them with such powers and
authorities as may be necessary to enable them to function as units of Self-Government.

Before these additions, organisation, election, and administration of local bodies were
governed and regulated by respective State Legislation. Their functioning was not at all
satisfactory and ad hocism was prevalent. In order to strengthen grass-root democracy, it was
thought prudent to accord Constitutional sanctity to them.

The object of part IX as stated in the statement of Objects and Reasons read as follows:

“in many states, local bodies have become weak and ineffective on account of a variety of
reasons, including the failure to hold regular elections, prolonged super sessions, and
inadequate devolution of powers and functions. As a result, Urban local Bodies are not able
to perform as vibrant democratic units of self-government.”

Having regard to these inadequacies, it is considered necessary that provisions relating to

Urban Local Bodies are incorporated in the Constitution particularly for:

(i) Putting a firmer footing in the relationship between the State Government and the
urban Local Bodies with respect to-
(a) The functions and taxation powers; and
(b) Arrangements for revenue sharing;
(ii) Ensuring regular conduct of elections;
(iii) Ensuring timely elections in the case of suppression; and
(iv) Providing adequate representation for the weaker sections like ST/SC and women.

The object of Part IX was to introduce the Panchayat System at grass root level. As
panchayat systems were based on the State legislation, and their functioning was

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unsatisfactory, the amendment to the Constitution sought to strengthen the panchayat system
by giving a uniform Constitutional base, so that the Panchayats become vibrant unit of
administration in rural area by establishing strong, effective and democratic local
administration, so that there can be rapid implementation of rural development programmes.3

Before entering into the details, it may be pointed out that the new system contained certain
novel provisions, for example, direct election by the people in the same manner as at the
Union and State levels; reservation of seats for women, an Election Commission to conduct
election, a Finance Commission to ensure financial viability of these institutions.

Another striking feature is that the provisions inserted in the Constitution by Articles, 243-
243ZG are in the nature of basic provisions which are to be supplemented by laws made by
the respective State Legislatures, which will define the details as to the powers and functions
of the various organs.

It is to be recalled that ‘local government’ including self-Government institutions in both

urban and rural areas is an exclusive subject under Entry 5 of List II of the 7th Sch., so that
the Union cannot enact any law to create rights and liabilities, relating to these subjects. What
the Union has, therefore, done is to outline the scheme which would be implemented by the
several States by making laws, or amending their own existing laws to bring them in
conformity with the provisions of the 73rd and 74th Constitutional Amendment Acts.

The major features of the Constitution (73rd Amendment) Act is as follows:-

1. In all states there shall be a Gram Sabha in each village to which the Panchayat will
be accountable. The power and functions shall be assigned by a law passed by state
legislature.
2. All states will have a three-tier Panchayati-Raj system – Panchayats at the village,
intermediate and district levels. The composition and number of members of these
bodies will be determined by a law passed by the State legislature.
3. All the members of three levels of Panchayats shall be chosen by direct election. The
modalities of election of chairperson of Panchayats have been left to the discretion of
state governments.
4. Mandatory periodic elections are envisaged every five years and where superseded
mid-term, a mid-term election within six months.

3
Bombay Ramaswamy v. Bangalore Development Authority ,(2010) 7 SCC 129

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 5. The government should ensure the appointment of a Finance Commission to review
the financial position of Panchayats and make suitable recommendations to the State
on distribution of funds between the State and the Local bodies.
6. One-third of the total seats in Panchayati-Raj bodies will be reserved for women and
these seats may be allotted by rotation to different constituencies in a Panchayat.
Similar reservations have been made in respect of office of Chairpersons too.
7. A State Election Commission (SEC) will be created to supervise, organise and
oversee Panchayat elections at all levels.
8. Panchayati Raj bodies will prepare plans for economic development, social justice
and social welfare on subjects enumerated in the Eleventh Schedule.

Three tier system: Part IX of the Constitution envisages three-tier system of Panchayats,
namely, (a) the Village level; (b) the District Panchayat at the district level (c) the
Panchayat which stands between the village and District Panchayats in the States where
the population is above 20 lakhs.

Composition: all the seats in a Panchayat shall be filled by persons chosen by direct
election for territorial constituencies in the Panchayat area. The electorate has been
named ‘Grama Sabha’ consisting of persons registered in the electoral rolls relating to a
village comprised within the area of a Panchayat.

Reservation of seats for Scheduled Castes and Scheduled tribes : Article 243 D 4
provides that seats are to be reserved for (a) Scheduled Castes and (b) Scheduled tribes in
proportion of their population.

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243D. 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 so 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

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 Reservation for women : not less than 1/3rd of the total number of seats to be filled by
direct elections in every Panchayat shall be reserved for women.

Duration of Panchayat : every Panchayat shall continue for 5 years from the date of its
first meeting. But it can be dissolved earlier in accordance with the procedure prescribed
by State law.

Qualification for membership: Article 243 F 5 provides that all persons who are
qualified to be chosen to the State Legislature shall be qualified to be chosen as a member
of panchayat. Only difference is with respect to age, which is 21 here.

Powers, authority and responsibilities of Panchayats : State legislatures have the

legislative power, to confer on the Panchayats such powers and authority as may be
necessary to enable them to function as institutions of self-government.6

They may be entrusted with the responsibility of

(a) Preparing plans for economic development and social justice

(b) Implementation of schemes for economic development and social justice
(c) In regard to matters listed in the Eleventh Schedule (inserted by 73rd Amendment)
The list contains 29 items including minor irrigation, land improvement, animal
husbandry, fisheries, education, women and child development, thus distributing the
powers between the State legislature and the Panchayat.

Powers to impose taxes and financial resources: A State may authorise a Panchayat to
levy, collect, appropriate taxes, duties, tolls etc.

Panchayat Finance Commissions: every five years, the State Government shall appoint a
Finance Commission to review the financial position of the Panchayats and to make
recommendations.

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243F. Disqualifications for membership(1) A person shall be disqualified for being chosen as, and for being, a
member of a Panchayat(a) if 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 be is less than twenty five years of age, if he has attained the age of twenty one years;(b) if he is
so disqualified by or under any law made by the Legislature of the State(2) If any question arises as to whether a
member of a Panchayat has become subject to any of the disqualifications mentioned in clause ( 1 ), the question
shall be referred for the decision of such authority and in such manner as the Legislature of a State may, by law,
provide

6
Articles 243G-243H

8
At the village level, the most important provisions relating to participation and accountability
are those governing reservations and the Gram Sabha. At the village level, the Gram Sabha ,
which constitutes all eligible voters within a Gram Panchayat area, is meant to serve as a
principal mechanism for transparency and accountability. It has the function of identification
of beneficiaries for government schemes. This provision is particularly important because it
confers substantive authority over an area that is particularly prone to misallocation and
corruption.

The eleventh Schedule of the 73rd Amendment identifies 29 areas over which Panchayats can
legitimately have jurisdiction. Many of these- such as agriculture, minor irrigation, animal
husbandry, fisheries, social forestry, small-scale industries, and implementation of land
reforms – focus on particular sectors within the rural economy. Others- such as rural housing,
rural electrification, transportation and communication linkages- are primarily concerned
with the provision and maintenance of rural infrastructure. Some cover the provision of key
rural services, such as health, sanitation and primary, secondary and vocational education.
Others till govern the provision of targeted welfare benefits- such as the PDS, and benefits for
Scheduled castes and tribes, women and children and the handicapped.

In short, the 73rd Amendment covers many areas that would enable the Panchayats to
improve the lives and well being of poor and vulnerable groups. Moreover, it contains
specific provisions that guarantee the participation of traditionally excluded groups, such as
women, SCs and STs, and transparency for local institutions such as the Gram Panchayats
and the Gram Sabha. However as Mukarji(2009) has argued, the ambiguity surrounding the
concept of ‘self-government’ and substantial power that still rests with the State Governments
have prevented most States from devolving any substantive power to the Panchayats.

INADEQUACY OF THE 73RD CONSTITUTIONAL AMENDMENT

In two crucial areas of local government empowerment, viz. Local autonomy and local
functions and taxation, the provisions of the 73rd constitutional amendments are most
unsatisfactory. Hence, there is a scope for further constitutional empowerment of local
governments, through creation of a separate local list in the Seventh Schedule of the Indian
Constitution so that these institutions become viable and self-reliant than mere
implementation agencies.

9
 74TH CONSTITUTIONAL AMENDMENT

Part IX A which has come into force on 1-6-1993 gives a constitutional foundation to the
local self government units in urban areas. In fact such institutions are in existence all over
the country.

Some of the provisions are similar to those contained in Part IX, for instance, Reservation of
Seats, Finance Commission etc.

This part gives birth to two types of bodies:

(i) Institutions of self-government (Art. 243 Q)

(ii) Institutions for planning (Art. 243 X and 243 ZE)

Institutions of self-government, called by a general name “municipalities” are of three types:

(a) Nagar Panchayat, for a transitional area, i.e., an area which is being transformed from
a rural area to an urban area.
(b) Municipal Council for a smaller urban area.
(c) Municipal Corporation for a larger urban area.

Article 243Q7 makes it obligatory for every State to constitute such units. But if there is an
urban area or part of it where municipal services are being provided or proposed to be
provided by an industrial establishment in that area than considering also the size of the area

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243Q. Constitution of Municipalities

(1) There shall be constituted in every State,

(a) a Nagar Panchayat (by whatever name called) for a transitional area, that is to say, an area in transition from
a rural area to an urban area
(b) a Municipal Council for a smaller urban area; and
(c) a Municipal Corporation for a larger urban area, in accordance with the provisions of this Part: Provided that
a Municipality under this clause may not be constituted in such urban area or part thereof as the Governor may,
having regard to the size of tile area and the municipal services being provided or proposed to be provided by an
industrial establishment in that area and such other factors as he may deem fit, by public notification, specify to
be an industrial township
(2) In this article, a transitional area, a smaller urban area or a larger urban area means such area as the Governor
may, having regard to the population of the area, the density of the population therein, the revenue generated for
local administration, the percentage of employment in non agricultural activities, the economic importance or
such other factors as he may deem fit, specify by public notification for the purposes of this Part

10
and other factors the Governor may specify it to be an industrial township. For such an area it
is not mandatory to constitute a Municipality.

Composition of Municipalities: the members of a municipality would generally be elected

by direct election. The legislature of a State may by law provide for representation in a
municipality of

(i) Persons having special knowledge or experience in Municipal administration

(ii) Members of Lok Sabha, State Assembly, Rajya Sabha and Legislative Council
(iii) The Chairpersons of committe constituted under Art. 243S (5)

Wards Committee: for one or more wards comprised within the territorial area of a
municipality having a population of three lacs or more it would be obligatory to constitute a
Wards Committee. The state Legislature shall make laws with respect to its composition,
territorial area and the manner in which the seats in a ward committee shall be filled.

Reservation of seats for Scheduled Castes and Scheduled Tribes : As in Part IX

reservations of seats are to be made in favour of the Scheduled Castes and Scheduled Tribes
in every municipality.

Duration of Municipalities: every Municipality shall continue for five years from the date of
its first meeting. But it may be dissolved earlier according to law. Art. 243 Q further
prescribes that before dissolution a reasonable opportunity of being heard must be given to
the municipality. Elections to constitute a municipality shall be completed before the expiry
of period of five years. If the Municipality has been suspended before the expiry of its term,
the elections must be completed within 6 months of its dissolution. A Municipality
constituted after its dissolution shall continue only for the remainder of the term.It has been
provided that no amendment of the law in force shall cause dissolution of a Municipality
before the expiry of the five years term.

Qualification for membership: Article 243V lays down that all persons who are qualified to
be chosen to the State Legislature shall be qualified for being a member of a Municipality.
There is an important difference. People who have attained age of 21 years will be eligible to
be a member. While the constitutional requirement is that for election to the State legislature
a person must have attained the age of 25 years.

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Powers, authorities and responsibilities of Municipalities: State legislatures have the
legislative power, to confer on the Municipalities all such powers and authority as may be
necessary to enable them to function as institutions of self-government.8

They may be entrusted with the responsibility of

(d) Preparing plans for economic development and social justice

(e) Implementation of schemes as may be entrusted to them
(f) In regard to matters listed in the Twelfth Schedule
The list contains 18 items urban Planning, Regulation of land use, Roads and Bridges,
water supply, Public health, Fire services, Urban Forestry, Slums etc.

Powers to impose taxes and financial resources: A State may by law authorise a
Municipality to levy, collect, appropriate taxes, duties, tolls etc. The law may lay down the
limits and procedures to be followed. It can also assign to a Municipality various taxes, duties
etc. collected by the State Government. Grants-in-aid may be given to the Municipalities,
from the Consolidated Fund of the State.

Panchayat Finance Commissions: every five years, the State Government shall appoint a
Finance Commission to review the financial position of the Panchayats and to make
recommendations under Art. 243-I. They shall also review the financial position of
municipalities and make recommendations as to-

(a) The distribution between the State and the Municipalities of the net proceeds of taxes,
duties and tolls leviable by the State which may be divided between them and
allocation of shares amongst different levels of Municipalities.
(b) The taxes, duties, tolls and fees that may be assigned to the Municipalities.
(c) The measures needed to improve the financial position of the Municipalities.
(d) Any other matter that may be referred to it by the Governor.

Elections to Municipalities: the State Election Commission under Art. 243K shall have the
power of superintendence, direction and control of

(i) The preparation of electoral rolls for, and

(ii) The conduct of all elections to the Municipalities.

8
Art. 243W

12
State legislatures have been vested with necessary power to regulate by law all matters
relating to elections to Municipalities.

Bar to interference by courts in electoral matters: the courts shall have no jurisdiction to
examine the validity of a law, relating to determination of constituencies or the allotment of
seats made under Art. 243ZA. An election to a Municipality can be called in question only by
an election petition which should be presented to such authority and in such manner as may
be prescribed by or under any law made by the State legislature.

Committees for District Planning and Metropolitan Planning: (1)At the district level a
District Planning Committee (Art. 243ZD)

(2) In every metropolitan area a Metropolitan Planning Committee (Art. 243 ZB)

The composition of the committees and the manner in which the seats are to be filled are to
be provided by a law to be made by the State legislature. But it has been laid down that-

(a) In case of the District Planning Committee at east 4/5th of the members shall be
elected by the elected members of the district level Panchayat and of the
Municipalities in the district from against themselves. Their proportion would be in
accordance with the ratio of urban and rural population of the district.
(b) In case of Metropolitan Planning Committee at least 2/3rd of the members of the
Committee shall be elected by the members of the Municipalities and Chairpersons of
the Panchayats in the Metropolitan area from amongst themselves. The proportion of
seats to be shared by them would be based on the ratio of the proportion of the
Municipalities and the Panchayats in the area.
The State Legislature would by law make provision with respect to (i) the functions
relating district planning that may be assigned to the district committees and (ii) the
manner in which the Chairperson of a district committee may be chosen.
The Committee shall prepare and forward the development plan to the State
Government. In regard to the Metropolitan Planning Committee which is to prepare a
development plan for the whole Metropolitan area the State Legislature may by law
make provision for
(1) The representation of the Central and State Governments and of such
organisations and institutions as may be deemed necessary,
(2) The functions relating to planning and co-ordination for the Metropolitan area.

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 (3) The manner in which the Chairpersons of such committees shall be chosen

The development Plan shall be forwarded to the State Government.

Addition to the duties of the Finance Commission under Art.280: this part adds one more
function to the duties cast on the Finance Commission appointed by the President under Art.
280. The Commission will make recommendations in regard to the measures needed to
augment the Consolidated Fund of a State to supplement the resources of the Municipalities
in the State on the basis of the recommendations made by the State Finance Commission.

The 74th constitutional amendment provided for the constitution of District Planning
Committees (DPCs). However, the Constitutional provision on DPCs is rather weak as it
provides for the preparation of only draft Plans by the DPCs. State governments have not
given adequate attention to the DPCs and the Government of India’s guidelines on district
planning have not been fully operationalised. DPCs should be set-up and its functionaries
must be trained in the basics of planning

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 APPRAISAL AND RATING OF THE CONSTITUTION (73RD) AMENDMENT ACT
1992, AND THE CONSTITUTION (74TH) AMENDMENT ACT 1992

The Constitution (73rd) Amendment Act 1992, and The Constitution (74th) Amendment Act
1992, have virtually revolutionalized local level democracy and as such are a welcome
addition to the Indian Constitution. However, one cannot help the feeling that the architects
of these amendments were at best reluctant revolutionaries, who did not provide for
preventing the states from arbitrarily dissolving these institutions, subject only to the
safeguard that the dissolved institutions shall be resurrected and reconstituted within six
months of their dissolution. Perhaps, the Union Government, conscious of its overriding
authority under Art. 3569 of the Constitution, was unwilling to impose any fetters on the
discretion of the State Governments in respect of dissolution of these institutions. The logical
conclusion of restraining the states would be a demand to restrain the Union Government
from dissolving state assemblies which the central government was unwilling to concede as it
would have reduced its competence vis-a-vis the states of the Indian Union.

Secondly, the disassociation of the Election Commission with the election process at local
level robs it of some credibility. No doubt, the Act imposes an obligation on the state
Governments to hold elections within a stipulated period of six months but the non-
partisanship, insularity, and independence which one associates with Election Commission,
one would not associate the same with state level bureaucrats and hence the danger persists
that elections may not be free and fair. Elections conducted by state officers may not always
be fair and there may be likely complaints of states’ interference. Only the Election
Commission can be trusted to act as the neutral empire.

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356. Provisions in case of failure of constitutional machinery in State

(1) If the President, on receipt of report from the Governor of the State or otherwise, is satisfied that a situation
has arisen in which the government of the State cannot be carried on in accordance with he provisions of this
Constitution, the President may be Proclamation
(a) assume to himself all or any of the functions of the Government of the State and all or any of the powers
vested in or exercisable by the Governor or any body or authority in the State other than the Legislature of the
State;
(b) declare that the powers of the Legislature of the State shall be exercisable by or under the authority of
Parliament;
(c) make such incidental and consequential provisions as appear to the president to be necessary or desirable for
giving effect to the objects of the Proclamation, including provisions for suspending in whole or in part the
operation of any provisions of this constitution relating to any body or authority in the State Provided that
nothing in this clause shall authorise the President to assume to himself any of the powers vested in or
exercisable by a High Court, or to suspend in whole or in part the operation of any provision of this Constitution
relating to High Courts

15
Thirdly, despite constitutional guarantees, doubts persist that states may create practical
hurdles to defeat the provisions of this Act which are likely to make a big dent on the
authority of the states. The states may perceive the amendment as partisan in that it does not
touch the powers of union government and inky the states are being compelled to shed off
their authority through this process of constitutional castration.

Fourthly, the Constitution (73rd) Amendment Act 1992 was followed by The Constitution
(74th) Amendment Act 1992 which is related to city governments. Critics fear that these two
Acts, far from being mutually reinforcing, may create an artificial dichotomy between rural
and urban governments.

Lastly, conferring liberal reservation benefits on perennially backward segments of the

society such as the women, the SCs, the STs and other OBCs creates a big question mark as
regards their capacity to deliver. The apprehension that they might become pawns in the
hands of clever politicians and the local elites who would manipulate them to their advantage,
does not appear to be entirely unfounded and groundless.

Yet, despite these shortcomings, the two Acts are a welcome annexation to our constitution
and have the potential to make the third tier of Indian democratic institutions really vibrant
and purposeful.

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 CONSEQUENTIAL DEVELOPMENTS – STUDY OF SELECTED STATES

The 73rd constitutional Amendment was a logical step towards integration of the concept of
people’s participation and taking democracy closest to the people. Democratic
decentralisation was accepted as key to the planning process in the country. Rural
development programmes started in the ninth plan have reckoned with this reality and have
made mandatory provisions that the rural local and participatory bodies should play the key
role in planning, implementation and beneficiary selection. The 73rd constitutional
Amendment provided a constitutional status to Panchayati raj institutions and ensured their
durability, and continuity. In consonance with the objective realisation of social justice, it has
also provided reservation for women and weaker sections. These measures herald a new
beginning in the history of decentralisation in the country.

After implementing legislation was enacted by the States, elections have taken place in most
of the States and the Panchayats and Municipalities have started functioning under the new
law.

In the wake of the 73rd Constitution Amendment, Gram Sabha has been introduced in all the
states. But the nomenclature differs from state to state. ‘Gram Sabha’ means a body
consisting of persons registered in the electoral rolls relating to a village comprised within the
area of Panchayat at the village level.

KERALA

Kerala introduced the three-tier Panchayat raj System only after the 73rd Constitutional
Amendment. Village Panchayats were in existence for a long time and they had clear powers
and functions and had full time staff including an Executive Officer to assist. In 1991, elected
District Councils were created and practically all the development functions at the district
level covering both rural and urban areas were entrusted to these bodies. But the District
council system could not strike root. The Kerala Panchayati Raj Act was passed by the Kerala
Legislative Assembly on 23rd April 1994, which substitutes the Kerala Panchayati Raj Act
1960 and the District Administration Act, 1979, and is intended to incorporate the provision
of the 73rd Constitutional Amendment giving constitutional status for Panchayati Raj system
in India.

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Gram Sabha was a concept alien to Kerala. The distributed habitation pattern of Kerala is
quite different from the conglomerate habitats of rest of India. Extensive urbanisation had
long since obliterated community cohesion and traditions. Even old village names occurring
in the revenue records did not register any sense of identity for the population. The new
generation has become accustomed to Panchayat, Blocks, towns and cities, the boundaries of
which are redefined not too infrequently. The Kerala Panchayats are much larger than
average Indian Panchayats. The Panchayats are divided into wards quite arbitrarily. The
voters in the ward make the gram Sabha under the Kerala Panchayati Raj Act. After the
enforcement of the Kerala Panchayati Raj Act, 1994 a notable feature is the formation of
Ayalkoottam, neighbourhood groups comprising of 20-50 houses of a particular locality,
which meet frequently and deliberate on the plan schemes.

Though the Gram Sabha is a new concept in Kerala, it has taken off with unexpected
momentum unlike other parts of India where people often find participation constrained due
to reasons of illiteracy Kerala seemingly provides a better picture.

RAJASTHAN

The State legislature had passes the Rajasthan Panchayati Raj Act on April 23, 1994.
Rajasthan will have 27,000 women Panchas for the first time. The State will have 237
Samitis. The elections for the three-tier PRIs will be held in phases. Elections may be held on
party lines as there is no restriction in the Act and there may be understanding on political
lines for the election of the Pradhans. The Sarpanchas will not become members of the
Panchayat Samitis and the Pradhans will not become members of the Zila Parishads. The
MLAs and MPs cannot contest Panchayat elections.

Rajasthan is the first state to introduce the two-child restriction on the candidates contesting
the panchayat elections. The functioning of the Gram Sabha will be supervised by a vigilance
committee.

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 CONCLUSION

The introduction of the Panchayat system through a Constitutional Amendment has had
significant political implications. One of the primary objectives of the post 73rd amendment
Panchayat system was the organization of institutions of local self governance which would
initiate political processes leading to leadership development, empowerment and participation
in self governance of hitherto marginalised sections of the society. Significantly, the 73rd
constitutional amendment of the Constitution ensured the inclusion of the marginalised
sections.

The 73rd and 74th Amendments are designed to promote self governance through statutory
recognition of local bodies. The latter are expected to move away from their traditional role
of simply executing the programmes handed down to them by higher levels of government
and to formulate and implement their own programs of economic development.

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 REFERENCE

A. BOOKS
1. Panchayati Raj and rural development , V.K. Singh , First Edition 2013, ALP
Books, New Delhi
2. Introduction to the Constitution of India, Durga Das Basu, twenty second edition,
2015, Lexis Nexis, Haryana
3. Constitutionalization of Panchayati raj – A Reassesment ,Edited by R.P. Joshi,
Rawat Publications , New Delhi
4. Constitution of India, V K Shukla, tenth edition, Lexis nexis, Haryana

B. ARTICLES
1. The Constitutional-legal Perspective of Panchayati Raj
H.S. Mehla
2. Panchayati Raj Institutions in India :Summated rating and Dimensional Analysis
Vibhuti Singh Shekhawat
3. Towards Panchayati raj : Some myths of Democratic Decentralization
N.S. Gehlot

C. WEBSITES

www.prslegislativesearch.com

www.manupatra.com

www.legalcrystal.com

www.wikipedia.com

www.panchayat.gov.in/

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