73rd Constitutional Amendment Act, 1992

73rd Constitutional Amendment Act, 1992 is an important topic under Rajasthan Polity that introduced a constitutional framework for Panchayati Raj Institutions in India. It aimed to strengthen local self-governance by ensuring regular elections, reservation, and decentralization of powers at the grassroots level. Understanding this topic helps in analyzing rural governance, democratic participation, and the functioning of Panchayati Raj in Rajasthan.

Panchayati Raj under 73rd Amendment Act

Local rural self-government

• Prime Minister P. V. Narasimha Rao introduced the 73rd and 74th Constitutional Amendment Bills in Parliament, which were passed by the Lok Sabha and Rajya Sabha on 22–23 December 1992 respectively.
• After ratification by the legislatures of 17 states, it was assented to by the President on 20 April 1993.
• The Act came into force on 24 April 1993.
• The Joint Select Committee formed for this Act was headed by Shri Nathuram Mirdha, MP from Rajasthan.
• In 2010, the Central Government decided to celebrate 24th April every year as National Panchayati Raj Day.
• The 73rd Constitutional Amendment Act granted constitutional status to Panchayati Raj institutions as the third unit of the federal system. States were required to establish Panchayati Raj institutions within one year of the Act’s enactment.
• The Constitution clearly outlines that Panchayati Raj institutions will be established based on population, which is determined by the state legislature.
• After the 73rd Constitutional Amendment, the first Panchayati Raj Act was implemented by Karnataka in May 1993.
• The first Panchayati Raj elections were held in Madhya Pradesh in May-June 1994.

Provisions relating to Panchayats

• According to Article 40 in Part-IV (Directive Principles of State Policy), “The State shall develop village panchayats as units of local self-government.”
• Panchayati Raj is a subject in the State List, according to Schedule 7. Entry number 5 lists local self-government.
• Part-9
• Articles 243 – 243(O) (Total Articles – 16)
• Schedule – 11th
• Total subjects – 29

Articles related to Panchayats

S.No.	Article	Subject matter
1	243	Definitions
2	243 A	Gram Sabha
3	243 B	Formation of Panchayats
4	243 C	Structure of Panchayats
5	243 D	Reservation of seats
6	243 E	Duration of Panchayats etc.
7	243 F	Disqualifications for membership
8	243 G	Powers, authority and responsibilities of Panchayats
9	243 H	Powers of Panchayats to impose taxes and their funds
10	243 I	to review the financial positionConstitution of Finance Commission
11	243 J	Audit of accounts of Panchayats
12	243 K	Elections to the Panchayats
13	243 L	Application to Union Territories
14	243 M	This Part not to apply to certain areas
15	243 N	Continuance of existing laws and Panchayats
16	243 O	Version of interference by courts in electoral matters

29 subjects included in the 11th Schedule

S.No.	Subject
1	Agriculture (includes agricultural extension).
2	Land development, land reform implementation, consolidation and land conservation.
3	Minor irrigation, water management and watershed development.
4	Animal husbandry, dairy industry and poultry farming.
5	Fisheries industry.
6	Social forestry and farm forestry.
7	Minor forest produce.
8	Small scale industries which also include food processing industries.
9	Khadi, village industries and cottage industries.
10	Rural housing.
11	Drinking water (water supply in villages)
12	Fuel and fodder.
13	Roads, culverts, bridges, ferries, waterways and other means of communication.
14	Rural electrification, which includes distribution of electricity.
15	Non-conventional energy sources.
16	Poverty eradication program.
17	Education, which includes primary and secondary schools.
18	Technical training and vocational education.
19	Adult and non-formal education.
20	Library. (Every Panchayat should have a library)
21	Cultural activities.
22	Markets and fairs.
23	Health and sanitation (hospitals, primary health centres and dispensaries).
24	Family welfare.
25	Women and Child Development.
26	Social Welfare (Welfare of handicapped and mentally retarded persons).
27	Welfare of weaker sections and in particular of Scheduled Castes and Scheduled Tribes.
28	Public distribution system.
29	Maintenance of community assets.

Key provisions of the 73rd Amendment

• These can be divided into two parts.
  • (i) Mandatory provisions(
  • ii) Optional provisions

Article 243: Definitions

• The intermediate level between the village and district levels is determined by the Governor of the State by public notification and specified as the intermediate level.

Article 243(A): Gram Sabha

• Article 243(A) provides for the establishment of Gram Sabha as a unit of direct democracy.
• Gram Sabha – Gram Sabha will be formed by consisting of all adult voters whose names are mentioned in the voters list.
• The Gram Panchayat is responsible to the Gram Sabha for its work.
• The Gram Sabha performs two functions-
  • To check the work done by the Gram Panchayat last year.
  • This work of the Gram Sabha is called social audit.
• It is chaired by the Sarpanch and the Sarpanch has the right to call its meeting.
• In the 73rd Constitutional Amendment, two meetings of the Gram Sabha were mandatory in a year, but in 1999 their number was increased to 4.
• At present there are total 4 meetings in 01 year (26 January, 01 May, 15 August, 2 October)
• According to the Constitution, at least 1 meeting is mandatory every 6 months.
• The Sarpanch decides the time, date and place of the meeting, and in his absence the Deputy Sarpanch performs this function.
• If both the Sarpanch and the Deputy Sarpanch are absent, the members of the Gram Sabha elect the Chairman.
• In case of emergency, notice of the meeting is given 3 days in advance, whereas in normal circumstances, notice is given 7 days in advance.
• In Rajasthan, two additional meetings may be called on March 8 and November 14 under special circumstances.
• The quorum in the Gram Sabha is fixed at 1/10 of the total members.
• Gram Sabha is called the first unit of direct democracy.
• The first Gram Sabha in Rajasthan was formed in Muhana (Jaipur) in 1999.
• Ward Sabha was formed in Rajasthan in the year 2002, and it is the only state in India where Ward Sabha is mentioned.
• All village development schemes are evaluated by the Gram Sabha.

Article 243(B): Constitution of Panchayats

• Panchayats will be constituted at the village, intermediate and district levels in every state.
• Panchayat at the intermediate level cannot be formed in a state whose population does not exceed 20 lakhs.
• Panchayati Raj has been given constitutional recognition under Article 243(B).
• According to constitutional provisions, Panchayati Raj institutions in India are three-tier, not four-tier. West Bengal has also had a three-tier system since 1973.
• In West Bengal, there was a four-tier system only from 1963-73 (10 years), and since then there has been a three-tier system.
• Panchayati Raj system is not yet implemented in Delhi.
• There is no intermediate level, i.e. only two-tier Panchayati Raj in three states Goa, Sikkim, Manipur, and three union territories Dadra Nagar Haveli and Daman Island, Puducherry and Lakshadweep.
• There is a three-tier system in four UTs: Andaman and Nicobar, Chandigarh, Jammu and Kashmir and Ladakh.
• With the coming into force of the Jammu and Kashmir Reorganisation Act, 2019, Part IX (Article 243L) will be applicable to the Union Territories of Jammu and Kashmir and the Union Territory of Ladakh, which will now have three tiers of Panchayats.
• Names of Panchayats at Intermediate/Block Level in States and Union Territories:-
  • Panchayat Samiti: Bihar, Haryana, Himachal Pradesh, Jharkhand, Maharashtra, Odisha, Punjab, Rajasthan, Tripura, West Bengal, Andaman and Nicobar, Chandigarh.
  • Zonal Committee: Assam
  • District Panchayat: Chhattisgarh
  • Taluka Panchayat: Gujarat, Karnataka
  • Block Development Boards: Jammu and Kashmir, Ladakh
  • Area Panchayat: Uttar Pradesh, Uttarakhand
  • Panchayat Union Council Tamil Nadu
  • District Committee, Madhya Pradesh

Article 243(C): Composition of Panchayats

Gram Panchayat:-

• It is the basis of the three-tier Panchayati Raj. It is composed of the Sarpanch and Ward Panchs.
• Meeting – held once in 15 days with a quorum of 1/3.
• The meeting held to elect the deputy sarpanch is the first meeting of the Gram Panchayat. The sarpanch also votes in this election, and his vote is considered to be of two votes.
• It is noteworthy that the method of election (indirect method) for the Chairperson of the Panchayat Samiti and Zila Parishad is provided for in the Constitution itself [Article 243C(5)(b)], whereas the method of election for the Chairperson of the Gram Panchayat is not mentioned in the Constitution but is left to the State Legislature to decide. The minimum age required for all these posts is 21 years.
• No-confidence motion –
  • The Deputy Sarpanch and Sarpanch are removed by this.
  • This proposal is not brought for the first two years.
  • Support of 1/3 members is required to bring a proposal.
  • A minimum of 3/4 support is required for passage.
  • If the motion fails, it cannot be brought back for 1 year and is not brought back in the last one year.

Panchayat committee-

• It is formed for a population of 100,000. There are 15 wards for each population.
• The elected members of the Panchayat Samiti elect the Pradhan and Up-Pradhan from among themselves.

District Council-

• It is formed based on the rural population of a district of 4 lakh, with 17 wards per population.
• There are 2 additional wards for every 1 lakh additional population.
• The elected members of the District Council elect the District Head and the Sub-District Head from among themselves.
• The presiding officer administers the oath of office and secrecy to all the officials.
• He has to take oath within 30 days of election otherwise the seat is considered vacant.
• Except for the Gram Panchayat elections, elections of other institutions are held on party basis.
• The anti-defection law under the 10th Schedule does not apply here.

Article 243(D): Reservation of seats

• Reservations for Scheduled Castes and Scheduled Tribes are proportional to their population at each level, with rotation. Arunachal Pradesh does not have reservations for Scheduled Castes. This was removed by the 83rd Constitutional Amendment in 2000.
• At least one-third of the total number of reserved seats shall be reserved for Scheduled Castes or Scheduled Tribes, as the case may be. Reservations for Other Backward Classes were left to the discretion of the states.
• Although the Constitution has not been amended, 19 states, including Rajasthan, have made provision for 50 percent reservation for women.
• Initially, there was 1/3 (33%) reservation for women, which was increased to 50% in Rajasthan in 2003, and implemented in the 2010 elections.
• The reservation for OBCs was initially 15%, which was increased to 21% on 4 October 1999.
• In every Panchayat, not less than one-third of the total number of seats to be filled by direct election (including seats reserved for ST/SC women) shall be reserved for women.
• At least one-third of the total number of posts of Chairpersons in Panchayats at each level shall be reserved for women.
• The state may provide reservation of seats in the Panchayats or for the posts of Chairpersons of Panchayats to the backward classes.
• Reservation for Scheduled Castes and Scheduled Tribes in Panchayati Raj institutions will be applicable under Article 334. This will not apply to women’s reservation.
• Any state legislature can increase the women reservation to more than 1/3 if it wishes to do so.

Article 243(E): Duration of Panchayats, etc.

• The tenure of Panchayati Raj institutions is generally 5 years.
• Election is necessary before the expiry of the term.
• The Panchayat can be dissolved before the expiry of its term.
• In case of dissolution, it is mandatory to hold fresh elections within 6 months.
• If the term is less than six months, no elections are necessary. The reconstituted Panchayat’s term is for the remainder of the term, not the full five years.
• The Panchayat formed after the new elections will function only for the remaining term.
• A no-confidence motion relating to Panchayats can be brought after two years of the term, requiring signatures of 1/3 of the members, and support of 3/4 of the members for the motion to be passed.
• If the no-confidence motion is rejected once, it cannot be brought again for the next 1 year.
• If the no-confidence motion is passed, elections will be held only for the remaining term, which must be conducted within 1 month.

Article 243(F): Disqualifications for membership

• The minimum age for the candidates will be 21 years.
• All other qualifications will be determined by the State Legislature.
  • Must be a local citizen.
  • Name should be registered in the voter list.
  • Minimum age should be 21 years.
• Membership may be terminated on grounds of disqualification if:
  • Has assumed a position of profit.
  • Be employed in a government post.
  • Is morally unfit or has been removed from office for any reason.
  • Be mentally or physically disabled.
• After 1995, if a member had more than two children, his membership could be terminated.
• Under Section 19 of the Panchayati Raj Act, 1994, the Vasundhara Raje government had made educational qualification mandatory, which was abolished by the state government in 2018.

Article 243(G): Powers, authority and responsibilities of Panchayats

• Panchayats prepare and implement programmes related to economic and social justice.
• Under the 11th Schedule, Panchayats were given the power to make laws on 29 subjects.
• By 2010, 21 of these subjects had been transferred to the Panchayats.

Article 243(H): Powers of Panchayats to impose taxes and their funds

• The taxes levied by the State Government can be distributed between the State Government and the Panchayati Raj units and the taxes levied by the Panchayati Raj institutions can not only be collected but can also be spent at their own level.

Article 243(I): Constitution of Finance Commission to review the financial situation

• The State Finance Commission will be constituted by the Governor every 5 years.
• The State Finance Commission will report to the Governor regarding taxes, assistance to the Panchayats from the State Consolidated Fund and financial strengthening.
• The State Finance Commission is a constitutional body.
• Its membership number is not mentioned in the Constitution.
• Under Article 243 Y, the Commission performs all these functions in respect of municipalities.
• Till now, Finance Commission has been formed 5 times in Rajasthan.

Article 243(J): Audit of accounts of Panchayats

• The State Legislature may, by law, make provisions for the maintenance and audit of the accounts of the Panchayats.

Article 243(K): Elections to the Panchayats

State Election Commission

• The State Election Commission will be established by the Governor to conduct the elections of Panchayats.
• This commission will prepare the electoral roll and conduct the elections.
• The preparation of electoral rolls and the conduct, superintendence, direction and control of elections to the Panchayats shall be vested in this State Election Commission.
• It is a one-member commission headed by the State Election Commissioner.
• In Rajasthan, officers of the Indian Administrative Service are appointed to this position. They must have five years of experience as a secretary in the state government.
• Their tenure is 5 years and retirement age is 65 years.

Article 243(L): Application to Union territories

• The President can give instructions in this regard.
• The President of India may direct that the Act shall apply to any Union Territory with certain exceptions or modifications.

Article 243(M): This Part not to apply to certain areas

• The provisions of Part 9 do not apply to the following states and territories.
  • (i)In the states of Nagaland, Meghalaya, Mizoram.
  • (ii)In the hilly areas of Manipur.
  • (iii)The hilly areas of Darjeeling district of West Bengal, where the Darjeeling Gorkha Hill Council is functioning.
  • (iv) Scheduled Areas and Tribal Areas specified in Article 244(1) but Parliament may, by an Act, implement Panchayati Raj in these areas specified in Article 244.
• Under the 5th Schedule and Article 244(1), there are Scheduled Areas in 10 states – Maharashtra, Andhra Pradesh, Rajasthan, Chhattisgarh, Jharkhand, Madhya Pradesh, Telangana, Odisha, Himachal Pradesh, Gujarat.

    Note: 

1. 244(1) relates to Schedule V (10 states) and 244(2) relates to Schedule 6 (Assam, Meghalaya, Tripura, Mizoram).
2. In 1994, “Dalip Singh Bhuria Committee” was formed to implement Panchayati Raj in the Scheduled Areas.

PESA Act, 1996

• In 1994, ‘Dilip Singh Bhuria Committee’ was formed to implement Panchayati Raj in the Scheduled Areas.
• ‘Panchayati Raj Extension to Scheduled Areas Act’ – enacted in 1996 on the recommendation of the Bhuria Committee.
• Based on the recommendations of the Bhuria Committee, the Panchayat Provisions (Extension to Scheduled Areas) Bill was introduced in Parliament in 1996. After passing both houses in December 1996, the PESA Act came into force on December 24, following Presidential assent.
• This is called PESA (Panchayati Raj Extension in (Scheduled Area). The PESA Act was initially applicable in 9 states, and then in 10 states after the creation of Telangana.
• To harmonize institutional and regulatory harmonization under the PESA Act across states, the Union Ministry of Panchayati Raj formed a committee under the chairmanship of B.D. Sharma in 2006. The PESA Act grants Gram Sabhas specific powers to manage customs, traditions, and community resources.
• The objectives of the PESA Act are as follows:
  1. To extend the provisions of Part 9 of the Constitution relating to Panchayats to the Scheduled Areas with necessary amendments.
  2. To provide self-governance to the tribal population.
  3. To protect and preserve the traditions and customs of tribal communities.
• The President has the power to declare an area as a Scheduled Area under the Fifth Schedule of the Constitution. The President issues such orders from time to time in consultation with the Governor of the concerned state.
• There are 5697 villages in eight districts of Rajasthan (Banswara, Dungarpur and Pratapgarh districts in their entirety, Pali, Udaipur, Rajsamand, Chittorgarh and Sirohi partially), which have been declared as Scheduled Areas due to more than 50 percent Scheduled Tribe population.
• The following tribes are mainly found in Rajasthan:
  • Meena (Jaipur, Udaipur)
  • Bhil (Udaipur)
  • Kanjar (Kota)
  • Saharia (Baran)
  • Damor (Dungarpur)
  • Kadhauri (Jhadol, Udaipur)
  • Garasia (Sirohi)
• Gram Sabha: Discussion on Superstition and Sorcery, Magic etc. Rajasthan PESA Rules (2011) provide that matters related to superstition, sorcery and magic will be discussed in an open meeting of the Gram Sabha.
• Under the PESA Act in Rajasthan, Gram Sabhas have been given the right to form a Peace Committee of 20 members.

Article 243(N): Continuance of existing laws and Panchayats

Article 243(O): Prohibits interference by courts in electoral matters.

• The court cannot interfere in the delimitation of constituencies of Panchayats, allocation of seats in those areas etc.

Rajasthan Panchayati Raj System – Oath, Resignation, Meeting and Number of Elected Members

Oath-taking process

Level	Swearing-in officer
Gram Panchayat	The presiding officer administers the oath to the ward panch, deputy sarpanch and sarpanch.
Panchayat committee	The presiding officer administers the oath to the Panchayat Samiti members.The Sub-Divisional Officer administers the oath to the Pradhan and Up-Pradhan.
District Council	The presiding officer administers the oath to the Zila Parishad members.The District Collector administers the oath to the District Head and Deputy District Head.

Resignation Process

Post	officer submitting resignation
Ward Panch, Deputy Sarpanch, Sarpanch	Block Development Officer (BDO)
Panchayat Samiti Member, Deputy Chief	Prime
Prime	District Head
District Council Member, Deputy District Head	District Head
District Head	Divisional Commissioner

Minimum duration for holding a meeting

Level	Minimum meeting requirement
Gram Panchayat	At least one meeting in 15 days is mandatory.
Panchayat committee	At least one meeting in a month is mandatory.
District Council	At least one meeting in 3 months is mandatory.

Number of elected members

Level	Minimum number of members	Additional Member Selection Process
Gram Panchayat	1 Panch (up to 3000 population)	2 additional ward panches per 1000 increase
Panchayat committee	15 members (up to 1 lakh population)	2 additional members for every increase of 15,000 on membership exceeding 1 lakh
District Council	17 members (up to 4 lakh population)	2 additional members for every increase of Rs 1 lakh on exceeding Rs 4 lakh

Ex-officio members

Level	Ex-officio members
Gram Panchayat	Village Development Officer (VDO), concerned Panchayat Samiti and Zila Parishad member
Panchayat committee	Block Development Officer (BDO), MLA of the concerned area, MP, Zila Parishad member, Sarpanch of all Gram Panchayats coming under the Panchayat Samiti, person nominated by the MLA
District Council	Chief Executive Officer (CEO), All Members of Parliament (Lok Sabha and Rajya Sabha) of the district, All Members of Legislative Assembly and Legislative Council, All Pradhans of the district, Members nominated by the MP, District Collector

Salary Details

Post	Salary (Rs.)
Sarpanch	4,800
Prime	8,400
District Head	12,000

Note: A 20% increase in the salaries of Sarpanch, Pradhan and Zila Pramukh was announced in the budget for the financial year 2022-23.

Optional provision

The implementation of certain provisions of the 73rd Amendment Act was left to the discretion of the states. These provisions include:

1. Naming of Panchayati Raj Institutions.
2. To give representation to MPs and MLAs etc. in Panchayati Raj institutions.
3. Reservation for Backward Classes (OBC).
4. Giving various powers, functions and financial rights etc. to Panchayati Raj institutions.

Work –

• Article 243A specifies 29 functions for these institutions. These 29 functions are listed in the 11th Schedule.
• It is left to the State Legislature to decide how many of these 29 functions are to be given to the Panchayati Raj institutions.
• In Rajasthan, 25 out of these 29 works have been given to these institutions.
• Under Article 243H, the State Legislature can also give these institutions the power to impose taxes.

The 73rd Amendment has left the responsibility of the State Legislature in the following matters:

• (i) Determining the population
• (ii) Determining the functions of the Gram Sabha
• (iii) Procedure for election of Sarpanch
• (iv) Reservation for Other Backward Classes (OBC)
• (v) Prescription of qualifications other than the age of 21 years
• (vi) To carry out the functions specified in the 11th Schedule
• (vii) Providing more than 1/3 reservation to women
• (viii) Auditing.

Panchayati Raj system is not yet implemented in Delhi.

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