Model Answer
0 min readIntroduction
Prior to the 73rd and 74th Constitutional Amendments (1992 & 1993 respectively), local bodies in India lacked constitutional recognition, leading to inconsistencies in their structure, functions, and elections. These amendments aimed to institutionalize local self-governance, bringing democracy closer to the grassroots level. Inspired by the Balwant Rai Mehta Committee (1957) and later the Ashok Mehta Committee (1978), these amendments sought to create vibrant, self-governing institutions in rural and urban areas, fostering participatory democracy and responsive governance. They added new Parts IX and IXA to the Constitution, respectively, dealing with Panchayats and Municipalities.
73rd Constitutional Amendment (Panchayats)
The 73rd Amendment aimed to establish Panchayati Raj Institutions (PRIs) in villages. Its salient features include:
- Part IX of the Constitution: Added provisions relating to Panchayats.
- Article 243A: Defines Panchayats and constitutes them.
- Article 243B: Outlines the composition of Panchayats.
- Article 243C: Deals with elections to Panchayats.
- Article 243D: Reservation of seats for Scheduled Castes (SCs), Scheduled Tribes (STs), and women (at least one-third of seats).
- Article 243E: Duration of Panchayats (5 years).
- Article 243F: Disqualification for membership.
- Article 243G: State Finance Commission to review the financial position of Panchayats.
- Article 243H: Powers, authority, and responsibilities of Panchayats to be defined by State Legislatures.
- 11th Schedule: Lists 29 subjects that can be devolved to Panchayats.
74th Constitutional Amendment (Municipalities)
The 74th Amendment focused on strengthening urban local bodies (ULBs). Key features include:
- Part IXA of the Constitution: Added provisions relating to Municipalities.
- Article 243P: Defines Municipalities and constitutes them.
- Article 243Q: Outlines the composition of Municipalities.
- Article 243R: Deals with elections to Municipalities.
- Article 243S: Reservation of seats for SCs, STs, and women (at least one-third of seats).
- Article 243T: Duration of Municipalities (5 years).
- Article 243U: Disqualification for membership.
- Article 243V: State Finance Commission to review the financial position of Municipalities.
- Article 243W: Powers, authority, and responsibilities of Municipalities to be defined by State Legislatures.
- 12th Schedule: Lists 18 subjects that can be devolved to Municipalities.
Comparative Analysis
| Feature | 73rd Amendment (Panchayats) | 74th Amendment (Municipalities) |
|---|---|---|
| Focus | Rural Local Bodies | Urban Local Bodies |
| Constitutional Part | Part IX | Part IXA |
| Schedule | 11th Schedule (29 subjects) | 12th Schedule (18 subjects) |
| Population Criterion | Not explicitly defined | Varies based on state laws; generally considers population density and revenue generation. |
Impact of Implementation
The implementation of these amendments has had a significant impact:
- Increased Participation: Enhanced political participation of women, SCs, and STs in local governance.
- Decentralization of Power: Transfer of functions, funds, and functionaries to local bodies, promoting decentralization.
- Improved Service Delivery: Better provision of basic services like water supply, sanitation, and primary education.
- Strengthened Grassroots Democracy: Empowered local communities to address their specific needs and concerns.
- Challenges: Despite progress, challenges remain, including inadequate financial resources, lack of trained personnel, and interference from state governments. A 2019 report by the Ministry of Panchayati Raj highlighted the uneven devolution of funds and functions across states.
Conclusion
The 73rd and 74th Constitutional Amendments represent a landmark achievement in India’s journey towards decentralized governance. While they have successfully institutionalized local self-governance and fostered greater participation, sustained efforts are needed to address the remaining challenges and ensure the effective functioning of PRIs and ULBs. Strengthening financial devolution, capacity building, and promoting greater accountability are crucial for realizing the full potential of these amendments and achieving truly responsive and inclusive local governance.
Answer Length
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