Role of 73rd and 74th

constitutional amendments in
spatial planning

PLANNING TECHNIQUES ASSIGNMENT

- ANN JUSTIN
- M1 URBAN PLANNING
 73rd and 74th constitutional amendment

 73rd and 74th Constitutional Amendments were passed by Parliament in

December, 1992. Through these amendments local self-governance
was introduced in rural and urban India.
 These amendments added two new parts to the Constitution, namely, 73rd
Amendment added Part IX titled ―The Panchayats‖ and 74th Amendment
added Part IXA titled ―The Municipalities‖. The Local bodies–‗Panchayats‘
and ‗Municipalities‘ came under Part IX and IXA of the Constitution after
43 years of India becoming a republic.
 The 73rd and the 74th Constitutional Amendment Acts, 1992 enjoin upon
the states to establish a three-tier system of Panchayats at the village and
Municipalities in the urban areas. States are expected to devolve adequate
powers, responsibilities and finances upon these bodies so as to enable
them to prepare plans and implement schemes for economic development
and social justice.
 These Acts provide a basic framework of decentralization of powers and
authorities to the Panchayati Raj/Municipal bodies at different levels.
 Panchayati Raj was formalized in 1992 by the 73rd
amendment to the Indian Constitution.

3- Tier System
Structure of the Panchayati Raj

1. The Village Panchayat is the

lowermost unit.

2. The Panchayat Samiti is second

tier of the Panchayati Raj.

3. The Zilla Parishad has top

position in the three-tier
structure of the Panchayati Raj
system.

Functions of the panchayats:

- Governance and regulatory

- Agency functions

- Civic Services

- Economic Development

- Social justice

- Environment and Natural Resource

Management

- Planning and development activities

 74th Amendment Act of 1992, designated municipalities
or Nagar panchayats with elected bodies.

3- Tier System
Categories of urban local bodies:

- Municipal Corporation comprises of a

Mayor with Councillors. They are formed
under the Corporations Act of 1835 of
Panchayati Raj system which mainly deals
in providing essential services in
Cosmopolitan Cities.

- Municipal council for small urban areas

- Nagar panchayat for very small urban

areas. (transitional; rural to urban change)

Functions and responsibilities:

- Municipal Corporation building

- Water supply, Drainage and Solid waste

- Hospitals. It also helps in education and

primary health care

- Roads, Over bridge

- Street lighting

- Fire brigades

- Market places

- Records of births and deaths

 Origin

1989 Rajiv Gandhi Govt introduced the 64th

Constitutional Amendment Bill in Lok Sabha

Bill rejected mainly due to the little discretion in the

1989 design of local government reforms.

June 1990, a 2 day conference of state chief ministers,

1990 held to discuss issues relating to strengthening
Panchayati Raj bodies.

1991 September 1991 73rd and 74th amendment

introduced in Parliament by P.V. Narasimha Rao
government
1992 December 1992, Bills passed
The 73rd Amendment Act, 1992 enforced on April 24, 1993 and
the 74th Amendment Act, 1992 enforced on June 1, 1993.
 Reasons

 Urban areas and their governance have always been a subject of

interest and always a matter of discussion and a favorite of policy
making.
 Efforts have been made by the government repeatedly to create
smooth and efficient ways of managing urban affairs. Another leap
in this direction was the 74th Amendment Act of the Constitution in
1992.
 At that time it was considered a path breaking amendment because
it aimed at the creation of local governments and dissolution of
powers to them in the respective states.
 It outlined a broad framework of institutions that would act as the
local governments and would ultimately bridge the gap between the
government and the governed.
 The 73rd Amendment Act, which is known as the sister amendment
aimed at the creation of stronger, active bodies at the local level in
the rural areas.
 Salient Features of the 73rd and 74th
Constitution Amendment Acts
 Basic units of democratic system-Gram Sabhas (villages) and Ward Committees (Municipalities)
comprising all the adult members registered as voters.
 3 -tier system of 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 SCs and STs and chairpersons of the Panchayats at all levels also shall be reserved
for SCs and STs in proportion to their population.
 1/3rd of the total number of seats to be reserved for women. 1/3rd of the seats reserved for SCs , STs
and offices of chairpersons at all levels also reserved for women(Article 243D).
 Uniform 5 year term and 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 State for superintendence, direction and control of the
electoral rolls (Article 243K).
 Panchayats to prepare plans for economic development and social justice wrt subjects devolved by law
to the various levels of Panchayats including the subjects as illustrated in 11th Schedule (Article 243G).
 74th Amendment provides for a District Planning Committee to consolidate the plans prepared by
Panchayats and Municipalities (Article 243ZD).
 Funds: 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 State to determine the principles on the basis of which
adequate financial resources would be ensured for panchayats and municipalities (Article 243I)
 Ways in which state government exercises its
control over these bodies (ULB)
74th Amendment of the constitution has granted
sufficient autonomy to urban local government and
those have been accorded constitutional status, these
are not completely free from governmental control.

 Legislative control
 Financial control
 Control through Government Officials.
 Power to dismiss the urban local institutions.
 Administrative control etc.
The constitution 73rd and 74th Amendment Acts have made a
hold attempt to ensure their continuity, stability,
representativeness and autonomy to function as valuable
systems of self governance.
 Benefits/ Advantages

 The two acts were regarded as milestone of decentralized governance and

decentralized planning.
 A local government is a government at the grassroots level of
administration which is a people/community driven contribution in
elections, governance and decision making.
 Increase the involvement of the community in planning and implementing
schemes and, thus, increase accountability
 Panchayat Raj institutions to be established at the village level and for
funds to be made available by state finance commission for village level
activities
 Empowerment of women and attention to gender related issues.
 73rd amendment has created a scope to attain development with social
justice, which is mandate of the new Panchayati Raj system.
 To maintain a democratic philosophy, popular accountability, and
transparency, the amendment emphases the need for periodic meetings of
the Gram Sabha, composed of all adults in each village. These meetings
approve ongoing programmes and financial allocations.
 Critical issues

 More than 60000 elected representatives assumed role in 15 states but no provision
for their training
 Political decentralization is not backed by financial devolution and functional
autonomy
 The 12th Schedule pertaining to functions is not mandated.
 State‘s absolute power to determine functional and financial domain of ULBs
remained as it is.
 No criteria for seat reservation possibility of political victimization.
 States have not created ward committees
 Those who have created has not given financial powers to these committees or has
clubbed several wards to form a single committee
 Rotation and short term of Mayor and other functionaries
 Delay in State Finance Commission constitution and non implementation of their
recommendation.
 Very few States have provided for DPC and MPC (District and Metropolitan
Planning Committees).
Even after more than a decade from the effect of 74th Amendment Act many states are
yet to constitute the DPCs or have only set them up formally without making them
operational. Eg Andhra Pradesh
 Special provisions

 The provisions of the 73rd Constitutional Amendment are yet

to be implemented by the Government of J&K. However, the
State framed ‗The Jammu and Kashmir Panchayat Rules,
1996, based on its own Panchayati Raj Act of 1989.
 Specific Provisions for Tribal and Scheduled Areas shall be
applied 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.
 In Assam and Meghalaya, new Village Councils were proposed
through State Laws.
 In Nagaland and Manipur, elected Village Councils instead of
the traditional Village Councils were recommended.
 Kerala

 In Kerala, the new Panchayati Raj system came into operation from September 30,
1995.
 Though organic linkage exists between the three-tiers in the form of ex-officio
membership at the higher level, each tier is independent of others and performs
certain exclusive functions given to it .
 The Government inaugurated the People‘s Campaign for the Ninth Plan (1996).
Under this process, people are to be mobilized through the local bodies in all stages
of development planning from formulation, implementation to maintenance. With
the landing of the people‘s campaign for the Ninth Plan the state has entered into an
era of a new development culture. The campaign has also contributed towards
people‘s unity in development action and has generated a new development
consciousness in the State.
 The 236 Types of Local Governance State Planning Board has announced new
norms for allocation of Plan funds to the local bodies. The block and gram
panchayats would get a weight age of 65 per cent age points for population,
excluding that of SCs and STs (Panchayati Raj Update, March 1998). The PRIs in
Kerala are in a better position now when compared to previous years. Apart from
constitutional protection, it has that resource—finance and that too in plenty, which
it lacked before.
 Andhra Pradesh

 The Andhra Pradesh Panchayati Raj Act 1994 became on May 30, 1994.
 In the Gram Panchayats the existing Sarpanchas were re-nominated as ―in-charge Sarpanchas.‖
 In Andhra Pradesh,the Gram Panchayats have to perform 12 obligatory functions and 27
optional functions, apart from the 29 subjects mentioned in Schedule I of the Andhra Pradesh
Panchayti Raj Act, 1994.
 The Mandal Parishads in the state have to perform functions specified in Schedule I of the Act
besides functions mentioned in Schedule I of the Panchayati Raj Act under 4 broad items
 (i) Community Development
 (ii) Animal Husbandry and Fisheries,
 (iii) Agriculture,
 (iv) Health and Rural Sanitation
 The irony is that even after holding elections to Panchayati Raj bodies in the state, powers and
functions were not transferred to the PRIs to the desired extent let alone financial resources.
 The State Assembly has amended the Andhra Pradesh Panchayati Raj Act to provide for
depositing all funds received by the Panchayats under the Jawahar Rozgar Yojana( JRY) and
the Employment Assurance Scheme ( EAS) in the nationalized banks, cooperative banks or
post-offices
 Sources

 http://www.pbrdp.gov.in/documents/6205745/9834811
9/Panchayati%20Raj%20System%20in%20Independent
%20India.pdf
 https://www.civilserviceindia.com/subject/Political-
Science/notes/grassroots-democracy.html
 https://egyankosh.ac.in/bitstream/123456789/25824/1/
Unit-13.pdf
 https://www.slideshare.net/RavikantJoshi/implementat
ion-of-74th-constitutional-amendment-act-1992-india
 https://www.slideshare.net/swapnika15/74th-
amendment-act