Structure:

Introduction: Mention about 73^rd CAA and the condition that existed before.

Body: Explain in point wise format how the 73^rd CAA brought some uniform changes in all states yet providing the individual autonomy. Mention few pros and cons of the CAA.

Conclusion: Conclude that panchayati raj system in India underwent a phenomenal change after 73^rd CAA.

Content:

Introduction:

The 73rd Amendment 1992 added a new Part IX to the constitution titled “The Panchayats” covering provisions from Article 243 to 243(O); and a new Eleventh Schedule covering 29 subjects within the functions of the Panchayats.

Body:

Significance of the amendment:

This amendment implements the article 40 of the DPSP which says that “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” and have upgraded them from non-justifiable to justifiable part of the constitution and has put constitutional obligation upon states to enact the Panchayati Raj Acts as per provisions of the Part IX. However, states have been given enough freedom to take their geographical, politico-administrative and others conditions into account while adopting the Panchayati Raj System.

Salient Features of the Constitution 73^rd and 74^th Amendments

• These amendments added two new parts to the Constitution,namely, added Part IX titled “The Panchayats” (added by 73rd Amendment) and Part IXA titled “The Municipalities” (added by 74^th Amendment).
• Basic units of democratic system-Gram Sabhas (villages) and Ward Committees (Municipalities)comprising all the adult members registered as voters.
• Three-tier systemof panchayats at village, intermediate block/taluk/mandal and district levels except in States with population is below 20 lakhs (Article 243B).
• Seats at all levels to be filled by direct elections Article 243C (2).
• Seats reserved for Scheduled Castes (SCs) and Scheduled Tribes (STs) and the chairpersons of the Panchayats at all levels also shall be reserved for SCs and STs in proportion to their population.
• One-third of the total number of seats to be reserved for women.
• One third of the seats reserved for SCs and STs also reserved for women.
• One-third offices of chairpersons at all levels reserved for women (Article 243D).
• Uniform five year termand elections to constitute new bodies to be completed before the expiry of the term.
• In the event of dissolution, elections compulsorily within six months (Article 243E).
• Independent Election Commission in each Statefor superintendence, direction and control of the electoral rolls (Article 243K).
• Panchayats to prepare plans for economic developmentand social justice in respect of subjects as devolved by law to the various levels of Panchayats including the subjects as illustrated in Eleventh Schedule (Article 243G).
• 74th Amendment provides for a District Planning Committeeto consolidate the plans prepared by Panchayats and Municipalities (Article 243ZD).
• Budgetary allocation from State Governments, share of revenue of certain taxes, collection and retention of the revenue it raises, Central Government programmes and grants, Union Finance Commission grants (Article 243H).
• Establish a Finance Commission in each Stateto determine the principles on the basis of which adequate financial resources would be ensured for panchayats and municipalities (Article 243I).
• The Eleventh Scheduled of the Constitution places as many as 29 functions within the purview of the Panchayati Raj bodies.

Issues:

• The grey area is the lack of adequate funds. There is a need to enlarge the domain of panchayats to be able to raise their own funds.
• The interference of area MPs and MLAs in the functioning of panchayatsalso adversely affected their performance.
• The 73rd amendment only mandated the creation of local self-governing bodies, and left the decision to delegate powers, functions, and finances to the state legislatures, therein lies the failure of PRIs.
• The transfer of various governance functions—like the provision of education, health, sanitation, and water was not mandated. Instead the amendment listed the functions that could be transferred, and left it to the state legislature to actually devolve functions.
• There has been very little devolution of authority and functions in the last 26 years.
• Because these functions were never devolved, state executive authorities have proliferated to carry out these functions. The most common example is the terrible state water boards.

The major failure of the Amendment is the lack of finances for PRIs. Local governments can either raise their own revenue through local taxes or receive intergovernmental transfers.