MODULE 4

INDIAN CONSTITUTION
73rd and 74th Amendments
The 73rd and 74th Amendments to the Constitution of India were landmark steps taken in 1992 to
strengthen and institutionalize local self-government in rural and urban areas, respectively.
Key Provisions of the 73rd Amendment (Panchayati Raj Institutions - PRIs):
Three-Tier Structure:
Introduced a three-tier system of Panchayati Raj Institutions (PRIs) at the village (Gram Panchayat),
intermediate (Panchayat Samiti), and district (Zila Parishad) levels.
2. Direct Elections:
Mandated direct elections for chairpersons at all three levels.
Strengthened local democracy by ensuring the direct participation of citizens in the election of their local
leaders
3. Reservation of Seats:
P
rovided for the reservation of seats for Scheduled Castes (SCs), Scheduled Tribes (STs), and women at all levels.
Aims at fostering social justice and inclusive representation.
4. Devolution of Powers:
Empowered PRIs with the responsibility for economic development and social justice.
Devolved powers and functions related to planning and implementation of schemes
Key Provisions of the 74th Amendment
(Urban Local Bodies – ULBs/
Nagarpalika)
• 1. Formation of Urban Local Bodies (ULBs):
• - Laid the foundation for a three-tier system of Urban Local Bodies, comprising Municipal
Corporations, Municipal Councils, and Nagar Panchayats.
• 2. Direct Elections and Reservation:
• - Introduced direct elections for mayors and chairpersons of municipalities.
• - Reserved seats for SCs, STs, and women to ensure inclusive urban governance.
• 3. Wider Powers for ULBs:
• - Provided ULBs with powers to plan and implement economic development programs, public
health, and urban infrastructure projects.
• 4. Formation of District Planning Committees:
• - Mandated the formation of District Planning Committees to consolidate plans prepared by
Municipalities and Panchayats in the district.
 Local Self Government Institutions
• In India, local self-government institutions play a crucial role in decentralized governance and grassroots
democracy. The Constitution of India provides for a three-tier system of local self-government, as enshrined
in the 73rd and 74th Amendments. These amendments were added in 1992 and pertain to rural and urban
local bodies, respectively.
• 1. Panchayati Raj Institutions (PRIs):
• Gram Panchayat:
Basic rural local body.
Headed by Sarpanch, elected by villagers
• Responsible for local administration, development projects, and social welfare.
• Panchayat Samiti(Block Panchayat)
• - Intermediate level in the Panchayati Raj system.
• - Comprises elected members from Gram Panchayats within a block.
• - Oversees planning and implementation of development programs.
• Zila Parishad (District Panchayat)
• - District-level body overseeing multiple Panchayat Samitis.
• - Members include elected representatives from Panchayat Samitis and district-level officials.
• - Plays a crucial role in district-level planning and development.
2. Urban Local Bodies (ULBs):

• Municipal Corporation:
• - Governing body for large urban cities.
• - Headed by a Mayor, elected by citizens.
• - Manages municipal administration, services, and infrastructure.
• Municipal Council:
• - For smaller urban areas.
• - Headed by a Chairperson.
• - Focus on local governance, development, and service delivery.
• Nagar Panchayat:
• - Manages governance in small towns and urban areas.
• - Smaller than Municipal Councils.
• - Works on local development initiatives.
Functions and Responsibilities of Local Self Governments
• Local Governance:
• - Formulation and implementation of local policies.
• Decision-making on local issues and development projects.
•  Developmental Planning:
• - Preparation of plans for economic and social development at the grassroots level.
• - Implementation of welfare schemes and development programs.
•  Resource Mobilization:
- Collection of local taxes and fees.
• - Utilization of funds for local development projects.
•  Social Justice:
• - Promotion of social equity and justice.
• - Inclusive development and upliftment of marginalized communities.
•  Empowerment and Decentralization:
• - Aimed at decentralizing power and decision-making.
• - Empowers local communities to actively participate in governance and development.
Constitutional and Statutory Bodies in
India
A. Election Commission of India:
• Established under Article 324 of the Constitution of India.
• The Election Commission comprises of
• 1. Chief Election Commissioner (CEC):
• The Election Commission is headed by the Chief Election Commissioner (CEC).
• The Chief Election Commissioner is appointed by the President of India.
• The CEC can serve for a fixed term or until the age of 65, whichever is earlier.
• 2. Election Commissioners:
• The Election Commission can have additional Election Commissioners, but the actual number may vary.
• Election Commissioners are also appointed by the President of India.
• Similar to the CEC, Election Commissioners can serve for a fixed term or until the age of 65, whichever is earlier
• Roles and Responsibilities:
• - Conducts free and fair elections to the Parliament, State Legislatures, and the offices of the President and Vice
President.
• - Delimitation of constituencies.
• - Supervises the election machinery at various levels.
• - Operates independently of the government.
 B.National Human Rights Commission
(NHRC):
• Enacted under the Protection of Human Rights Act, 1993.
•  Roles and Responsibilities:

• - Protects and promotes human rights in India.

• - Investigates complaints of human rights violations and can intervene in legal proceedings.
• - Promotes research and awareness on human rights issues.
• -Empowered to function independently, ensuring impartiality and effectiveness
•  Composition:

• - Comprises a Chairperson and members, including representatives from diverse fields like
law, public service, and social work.
C.Lokayukta:

• The concept of Lokayukta is provided in the Constitution, and various states have
enacted Lokayukta Acts.
•  Roles and Responsibilities:

• - Investigates allegations of corruption against public officials, including the Chief

Minister and Ministers.
• - Promotes transparency and accountability in governance.
• - Recommends corrective action or prosecution based on investigation findings.
•  Composition:

• - Typically headed by a retired judge or an eminent jurist, along with other members.
The Right to Information Act, 2005

• The Right to Information Act, 2005 is an Indian legislation that empowers citizens to seek information
from public authorities. The Act was enacted with the aim of promoting transparency and
accountability in the functioning of government agencies. Here are the key details of the Right to
Information Act, 2005:
• 1. Objective:
• - The primary objective of the RTI Act is to empower citizens by providing them the right to access
information held by public authorities.
• 2. Applicability:
• - The Act is applicable to the whole of India and covers all states and Union territories. It is applicable
to all constitutional authorities, government departments, and bodies owned, controlled, or
substantially financed by the government.
• 3. Public Authorities:
• - The Act applies to a wide range of public authorities, including government departments, ministries,
public sector undertakings, local bodies, and any other institution or organization established, funded,
or controlled by the government.
The Right to Information Act, 2005

• 4. Information Covered:
• - Citizens can request information on any matter or record that is held by or under the
control of any public authority. This includes documents, records, emails, opinions, advice,
press releases, and any other material.
• 5. Exceptions:
• - While the Act promotes transparency, it also recognizes certain exemptions to the right to
information. Information that falls under certain categories, such as national security,
personal privacy, and third-party confidential information, may be exempt from disclosure.
• 6. Right to Information Commission:
• - The Act establishes Information Commissions at the central and state levels to oversee the
implementation of the Act and adjudicate on appeals and complaints. The Central
Information Commission (CIC) handles matters related to the central government, while
State Information Commissions (SICs) handle state-level issues.
The Right to Information Act, 2005

• 7. Application Process:
• - Any citizen of India can request information by submitting a written application to the designated Public Information
Officer (PIO) of the concerned public authority. The application can be submitted in English, Hindi, or the official
language of the area.
• 8. Timeframe for Response:
• - The public authority is required to provide the information within 30 days of receiving the request. In cases where the
information concerns the life or liberty of a person, it must be provided within 48 hours.
• 9. Appeals and Complaints:
• - If the information is not provided or if the applicant is dissatisfied with the response, they can file an appeal with the
first appellate authority within the public authority. If not satisfied with the first appeal, further appeals can be made to
the Information Commission.
• 10. Penalties:
• - The Act includes provisions for penalties in case of non-compliance or deliberate withholding of information. The
penalties may include fines and disciplinary action against the responsible officials.
• The Right to Information Act, 2005, has played a crucial role in promoting transparency, accountability, and good
governance in India by giving citizens the tools to access information and hold public authorities accountable for their
actions
Right to Education Act 2009

• The Right of Children to Free and Compulsory Education Act, commonly known as the Right to Education
(RTE) Act, was enacted by the Parliament of India in 2009. The primary aim of the RTE Act is to provide
free and compulsory education to all children between the ages of 6 and 14 in India. The Act came into
effect on April 1, 2010.
• Key provisions of the Right to Education Act 2009:
• 1. Free and Compulsory Education:
• The Act mandates that every child in the age group of 6 to 14 years has the right to free and compulsory
education in a neighborhood school until the completion of elementary education.
• 2. Infrastructure and Teacher Requirements:
• The Act outlines certain norms and standards for school infrastructure, including the number of
classrooms, teachers, and other facilities. It also specifies the pupil-teacher ratio.
• 3. Admission and Attendance:
• The Act prohibits the denial of admission to any child and ensures that no child is turned away from
school for reasons such as caste, religion, gender, or disability. It emphasizes regular attendance and the
completion of elementary education.
Right to Education Act 2009

• 4. Quality of Education:
• The RTE Act focuses on improving the quality of education by specifying certain teacher-student ratios, teacher
qualifications, and other norms. It also aims to provide an inclusive education for children with disabilities.
• 5. Financial Responsibilities:
• The central and state governments share the financial responsibilities for implementing the provisions of the Act. The
government is responsible for ensuring the availability of funds and resources to fulfill the requirements outlined in the
Act
• 6. Non-Discrimination:
• The Act prohibits discrimination against children on the basis of their social, economic, and cultural backgrounds. It
aims to promote a more inclusive and equitable education system.
• 7. Monitoring and Grievance Redressal:
• The Act establishes mechanisms for monitoring the implementation of its provisions and for addressing grievances
related to the right to education.
• The RTE Act is a landmark legislation that reflects India's commitment to providing education as a fundamental right for
all children. However, its effective implementation has faced challenges, including issues related to infrastructure,
teacher shortages, and resource allocation. Over the years, there have been discussions and efforts to address these
challenges and strengthen the education system in the country.