Constitution:Panchayat

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.

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
Gram Sabha(243A):

Gram Sabha is the primary and fundamental component of the local self-government system.
However, the extent of its powers depends upon the policy of the state in which the village is
located, as mentioned in Article 243A. Although it serves as foundation of the Panchayati Raj, yet
it is not among the three tiers of the same. The powers and functions of Gram Sabha are fixed by
state legislature by law.

Three Tiers of Panchayati Raj(constitution of panchayats-243B):

Article 243B provides for the establishment of a three-tier Panchayati system:

At the village level i.e. Gram Panchayat

At the intermediate level i.e. Panchayat Samiti

At the district level i.e. Zila Parishad

Intermediate-level panchayats, however, only exist in states where the population exceeds
twenty lakhs. 

Gram Panchayat
Gram Panchayat is the lowest level in the panchayat pyramid system. 

Each village is divided into even smaller units called wards, each of which selects a
representative of its own. They are called Ward members or the Panch. The Gram Sabha also
elects the head of the Gram Panchayat, called the Sarpanch. Therefore, the Sarpanch and the
Panch together make up the Gram Panchayat.

Panchayat Samiti
The Panchayat Samiti is the next level in the hierarchy. It oversees the working of the Gram
Panchayats of all the villages located in the block under its jurisdiction.

Zila Parishad
Also known as District Panchayat, this is the highest level of panchayat in the hierarchy of
rural self-government. It oversees the working of the Panchayat Samitis of all the blocks in
the district of its jurisdiction, as well as all the Gram Panchayats under them. Moreover, it
controls the distribution of funds among all the Gram Panchayats. It is responsible for making
developmental plans at the district level. 

Composition of Panchayats (243C)

All the members of the three levels in the panchayat hierarchy are elected by the eligible
voters living in the area. However, the state can also make provisions for the representation of
Members of Legislative Assembly (MLAs) or other officials in the panchayat. As for the rules
regarding the composition of the panchayats, they have been taken care of by the Drafters
under Article 243C of the Constitution.

A large number of panchayats are constituted in a single state. It is preferable that the ratio
between the population and territory under one panchayat and the number of seats in it be the
same throughout the state.

Each area having a single panchayat is divided into constituencies for the purpose of conducting
elections. It is also desirable that the ratio between the population of each constituency and the
number of seats allotted to it be the same throughout the panchayat area.

Reservation of seats in Panchayats(243D)

There is a provision of reservation of seats for:

SCs and
STs
at every level of Panchayat. The seats are to be reserved for SCs and STs in proportion to their
population at each level.  Out of the Reserved Seats, 1/3rd have to be reserved for the women
of the SC and ST.  Out of the total number of seats to be filled by the direct elections, 1/3rd have
to be reserved for women. There has been an amendment bill pending that seeks to increase
reservation for women to 50%. The reserved seats may be allotted by rotation to different
constituencies in the Panchayat.  The State by law may also provide for reservations for the
offices of the Chairpersons.

Duration of Panchayats(243E):

A clear term for 5 years has been provided for the Panchayats and elections must take place
before the expiry of the terms. However, the Panchayat may be dissolved earlier on specific
grounds in accordance with the state legislations. In that case the elections must take place
before expiry of 6 months of the dissolution.

Disqualification of Members(243F):
Article 243F makes provisions for disqualifications from the membership. As per this article, any
person who is qualified to become an MLA is qualified to become a member of the Panchayat,
but for Panchayat the minimum age prescribed is 21 years.  Further, the disqualification criteria
are to be decided by the state legislature by law.

Powers, authority and responsibility of panchayat(243G):

Pamchayats prepare plans for economic development and social justice in respect of subjects
as developed by law to the various levels of Panchayat including the subjects contained in 11th
schedule

Powers to impose tax by,and funds of, the panvhayats(243H):

Budgetary allocations from the sg, share of revenue of certain taxes, collection and retention of
the revenue it raises, central govt programmes and grants, Union finance commission grants are
the funds for panchayat raj system.

Constitution of finance commission to review financial postition(243I):

Finance commission is established in each state to determine the principles to ensure adequate
financial resources for panvhayats and municipalities

Finance Commission
State Government needs to appoint a finance commission every five years, which shall review
the financial position of the Panchayats and to make recommendation on the following:
•    The Distribution of the taxes, duties, tolls, fees etc. levied by the state which is to be divided
between the Panchayats.
•    Allocation of proceeds between various tiers.
•    Taxes, tolls, fees assigned to Panchayats
•    Grant in aids.
This report of the Finance Commission would be laid on the table in the State legislature.
Further, the Union Finance Commission also suggests the measures needed to augment the
Consolidated Funds of States to supplement the resources of the panchayats in the states.

Audit of Accounts of panchayat(243J)

State Government can make provisions for audit of accounts of the Panchayats.
Elections of the panchayat(243k)

It says that the Panchayat elections are to be conducted and overseen by the State Election
Commissions. Therefore, the election rules can vary from state-to-state.

Applications to Union Territories(243L)

Provisions of Panchayats shall be applicable to the UTs in same way as in case of the states but
the President by a public notification may make any modifications in the applications of any part.
 Exempted areas and states(243M)
The provisions of part IX are not applicable to the following:
•    Entire states of Nagaland, Meghalaya and Mizoram
•    Hill areas in the State of Manipur for which District Councils
•    Further, the district level provisions shall not apply to the hill areas of the District of Darjeeling
in the State of West Bengal which affect the Darjeeling Gorkha Hill Council.
•    The reservation provisions are not applicable to Arunachal Pradesh.
 

Continuance of Existing Laws(243N)

Any provision of any law relating to Panchayats in force in a State immediately before the
commencement of the Constitution (Seventy-third 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 competent authority.

Bar on Interference by Courts

Article 243 O bars the courts to interfere in the Panchayat Matters. The validity of any law
relating to the delimitation of constituencies or the allotment of seats to such constituencies
cannot be questioned in a court.  No election to any Panchayat is to be questioned except by
an election petition presented to such authority and in such manner as provided by the state
legislature.