73 AND 74 AMADEMENT

rd th

ACT.
Name :- Jay Chandreshbhai Prajapati
Year :- Second
Enrollment NO.:- 190410116114
73rd and 74th Amendment Act
 73rd and 74th constitutional amendment act were added to
the constitutional in the year 1992.
 Two new parts were added in the constitution namely part
IX and IXA.
 Part IX(9) titled “The Panchayats”.
 Part IXA(10) titled “The Municipalities”.
 These acts came into force on April 24th ,1993 and June
1st ,1993 respectively.
History
 Late Prime Minister Rajiv Gandhi introduced the 64th
constitutional bill in the parliament in the year 1989. This bill
was rejected in Rajya Sabha as it was non-convicting.
 The main criticism levelled against the bill was that it offered
the state little discretion in the design of local government
reforms. After that the Prime Minister Rajiv Gandhi lost the
general election too.
 73rd amendment bill for rural local body (also known as
panchayats) and 74th for municipalities were introduced
separately.
 The president Shankar Dayal Sharma gave his assent to the bills
on 20th April ,1993. and after that the bills came into force.
73rd Amendment Act
 The 73rd Amendment Act has given constitutional powers and
responsibilities for a range of issues including resource
management, family planning, education and health.
 The significance of the 73rd constitutional Amendment Act of
the 1992 is that it not only institutionalized the Panchayati raj
system but also initiated India’s largest exercise in democratic
decentralization.
 It unleashed power of the grassroots to give representation to
hitherto voiceless and disadvantaged sections.
 More than 3 million who are elected include a significant
proportion of women, SCs, STs, and other marginalized
communities.
Various Committees On Panchayati Raj

 Balwant Rai Mehta : Estd 1957 …………….(3 tire

system)
 V. T. Krishnammachari : 1960
 Takhatmal Jain study group : 1966
 Ashok Mehta Committee : 1977……………..(2 tire
system)
 G. V. Rao Committee : 1985
 Sarkaria Commission : 1986
 Dr. L. M. Singhvi Committee : 1987
What is Panchayati Raj
 The Three tire system of Panchayati Raj consists :
 Village level panchayats
 Block level panchayats
 District level panchayats
 Panchayati Raj is system of governance in which gram
panchayats are the basic unit of administration where the
lowest unit is allowed to plan and implement everything that
can be performed most efficiently at that level and only the
residual is left to the higher levels.
 The Panchayati Raj system was first adopted by state of
Rajasthan in Nagor district on 2nd October 1958. Second state
was Andhra Pradesh. While the Maharashtra was the 9th state.
The Historic Year of 1992
 Finally in 1992 73rd Amendment Act of Indian
Constitution was done with serval aims for the
development of grass hood level SC,ST and Women
reservation.
 These are Various field of responsibilities of the 3
different units.
Zilla Parishad Mandal Parishad Gram Panchayat
Planning & Finance
Rural Development
Natural Agriculture
Agriculture
Resources Communications
Education & Health Human Water Supply
Women Welfare Resources Health
Social Welfare
Infrastructure Finance
Works
74th Amendment Act
 Popularly known as the Nagarpalika Bill, the 74th Amendments to
the Constitution was passed by Parliament on 22nd October 1993,
and was legislated under article 3681 of the Indian Constitution.
To pass the Constitutional Amendments 73 and 74, the Central
Government took more than 5 years under the leadership of 3
Prime Ministers, with repeated changes in the period.
 The process was started by Rajiv Gandhi (then Prime Minister)
in 1989, It was through his initiative that the 64th (now 73rd) and
65th (now 74th) Amendment Bills were placed in Parliament.
 The 65th (now 74th) Amendment Bill recommended major
structural changes in local governance, to ensure functioning of
Municipalities as democratic units and greater participation of
people at the grass roots in decision-making.
74th Amendment Act
 Subsequently, it was asserted that the spirit of the 74th
constitutional amendment was to bring about a change in
urban local self-governance.
 A Parliament review committee of the 13th Lok Sabha
chaired by Chandrakant Khare in 1999, comprising of 30
member from the Lok Sabha and 13 members from the
Rajya Sabha, reviewed 10 years of implementation of the
amendments and expressed the view that period had
witnessed a willful violation of the constitution.
Content
 Article 243 of the Indian constitution was amended by the
Constitution Act 1956, which brought in the definitions of
panchayat and municipalities within the ambit of the
Constitution.
 Article 243 P, metropolitan Area means an area having a
population of 10 lakhs or more, comprised in one more
districts and consisting of the two or more municipalities or
panchayats or other contiguous areas, specified by the
Governor by public notification be a Metropolitan area for the
purpose of this part.
 Article 243 Q, Municipal Area means the territorial area of a
Municipality as is notified by the governor or state
Government Municipality.
Content
 Article 243 S, Municipality will be divided into territorial
constituencies known as Wards.
 Article 243 T, SC and ST reservation according to the
population-women will be given one-third reserved seats.
 Article 243 U, 5-year term to the municipalities with the
opportunity to be heard if they are to be dissolved or
superseded.
Salient Features of the 73rd and 74th
Amendment Act
 3-tier system of opportunity at village, intermediate and district
levels. Smaller states with population below 2 million only for 2-
tiers.
 Regular conduct of gram Sabha (rural) and Ward Committees
(Municipalities) comprising all persons enrolled in the voters list.
 Direct election to MPTC, ZPTC, Sarpanch, Ward Members and
indirect election to MPP/Chairman ZP.
 Seats reserved for Scheduled Castes(SCs) and Scheduled
Tribes(STs) on population basis.
 Chairpersons of the panchayats at all levels also shall be
reserved for SCs and STs in proportion to their population.
Salient Features of the 73rd and 74th
Amendment Act
 One-third reservation for women in all categories.
 Reservation to Backward classes.
 Ordinary Elections for every 5 years. In the event of
dissolution, elections compulsory within 6 months.
 Constitution of Election Commission in each state for
superintendence, direction and control of the electoral
rolls.
 Constitution of State Finance Commission to determine
the principles on the basis of which adequate financial
resources would for panchayats and municipalities.
Till India’s Federal Structure 1990s
 But after 73rd and 74th Amendment Act the senario has
changed and it is divided into 2 flows.
 One is for Village.
 And other for Town
 Union
 States
 District
 Block/Taluka
 Village
Till India’s Federal Structure 1990s
Post 73rd & 74th Amendment Scenario

Union
States

Municipal Corporation Zilla Parishad

Municipal Council Mandal Parishad

Nagar Panchayat Gram Panchayat

Ward Sabha Gram Sabha

Weakness
 Lack of political will of political parties for decentralization.
 Lack of public awareness and vigilance.
 Lack of orientation of officials for working with LGs.
 Elite capture in highly unequal societies.
 Bias against women.
 Bureaucracy has not learnt to work with the local
government.
 Downward accountability mechanism with the local
government.
 Decision-making not yet broad-based.
 Rules & procedures not adequately framed.
 Positive Effect

Positive effect of Panchayat

Raj can be seen nowadays most
in some states specially in
GUJARAT where Panchayat
Raj is very strong.
Thank You.