UPSC MainsPOLITICAL-SCIENCE-INTERANATIONAL-RELATIONS-PAPER-I202220 Marks
Q19.

Examine the unique features of the 73rd Constitutional Amendment. Do you think this Amendment would contribute in achieving the goal of empowerment of marginalised sections of the society?

How to Approach

This question requires a detailed examination of the 73rd Constitutional Amendment and its potential for empowering marginalized sections. The answer should begin by outlining the key features of the amendment, focusing on its provisions related to decentralization and reservation. Subsequently, it should analyze how these features contribute to the empowerment of marginalized groups – Scheduled Castes, Scheduled Tribes, Other Backward Classes, and women – by providing them with political representation and agency at the grassroots level. A balanced approach acknowledging limitations and challenges is crucial.

Model Answer

0 min read

Introduction

The 73rd Constitutional Amendment Act of 1992, also known as the Panchayati Raj Institutionalization Act, marked a watershed moment in India’s journey towards decentralized governance. Prior to this, local self-governance lacked constitutional sanction and was largely dependent on state legislation. The amendment aimed to establish a three-tier system of Panchayats – at the village, intermediate (block/taluka), and district levels – and to provide constitutional recognition and protection to these institutions. Crucially, it mandated reservation of seats for Scheduled Castes (SCs), Scheduled Tribes (STs), and women, aiming to ensure their participation in decision-making processes. This amendment’s success in achieving the goal of empowerment of marginalized sections is a subject of ongoing debate and requires a nuanced assessment.

Unique Features of the 73rd Constitutional Amendment

The 73rd Amendment introduced several unique features that fundamentally altered the landscape of local governance in India:

  • Constitutional Status: It added Part IX to the Constitution, titled “The Panchayats,” granting constitutional status to Panchayats.
  • Three-Tier System: It mandated the establishment of Panchayats at the village, intermediate, and district levels, ensuring a structured framework for decentralized governance.
  • Regular Elections: It stipulated regular elections to Panchayats every five years, ensuring democratic accountability.
  • Reservation of Seats: A key feature was the reservation of not less than one-third of the seats for Scheduled Castes and Scheduled Tribes, and one-third of the total number of seats for women. This provision aimed to enhance the representation of marginalized groups.
  • State Finance Commission: It mandated the establishment of State Finance Commissions to review the financial position of Panchayats and make recommendations regarding the distribution of funds.
  • State Election Commission: It established State Election Commissions to conduct elections to Panchayats.
  • Devolution of Powers: It empowered State Legislatures to devolve powers and responsibilities upon Panchayats, enabling them to function as effective units of self-governance.

Contribution to Empowerment of Marginalized Sections

The 73rd Amendment has demonstrably contributed to the empowerment of marginalized sections in several ways:

Political Empowerment

The reservation of seats for SCs, STs, and women has significantly increased their representation in Panchayats. This has provided them with a platform to voice their concerns, participate in decision-making, and influence policies at the grassroots level. Data from the Ministry of Panchayati Raj (as of 2023, based on knowledge cutoff) indicates that over 1.3 million elected Panchayati Raj Institution (PRI) members are women, representing approximately 44.2% of total PRI members.

Social Empowerment

Increased participation of marginalized groups in local governance has led to greater social awareness and mobilization. It has challenged traditional hierarchies and power structures, fostering a more inclusive and equitable society. For example, women representatives have often prioritized issues such as access to clean water, sanitation, and education, which directly benefit marginalized communities.

Economic Empowerment

Panchayats, with the participation of marginalized groups, have been instrumental in implementing various development programs aimed at economic empowerment. These include schemes related to employment generation, poverty alleviation, and livelihood diversification. The Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA), implemented through Panchayats, has provided crucial employment opportunities to marginalized sections.

Enhanced Accountability

The presence of marginalized representatives in Panchayats has increased accountability and transparency in local governance. They are more likely to advocate for the needs of their communities and ensure that development funds are utilized effectively.

Limitations and Challenges

Despite its positive contributions, the 73rd Amendment faces several limitations and challenges:

  • ‘Sarpanch Pati’ Phenomenon: In many cases, elected women representatives are merely proxies for their husbands or other male relatives, undermining their actual agency.
  • Lack of Capacity Building: Many elected representatives, particularly from marginalized backgrounds, lack the necessary skills and knowledge to effectively perform their duties.
  • Insufficient Devolution of Funds and Functions: States have often been reluctant to devolve sufficient funds and functions to Panchayats, limiting their effectiveness.
  • Social Discrimination: Deep-rooted social discrimination continues to hinder the full participation of marginalized groups in local governance.
  • Dominance of Local Elites: Local elites often continue to exert significant influence over Panchayats, marginalizing the voices of the poor and vulnerable.
Aspect Positive Impact Challenges
Political Representation Increased representation of SCs, STs, and women in Panchayats. ‘Sarpanch Pati’ phenomenon; limited decision-making power.
Financial Resources State Finance Commissions established to review financial position. Insufficient devolution of funds from state governments.
Capacity Building Increased awareness and mobilization of marginalized groups. Lack of training and skills among elected representatives.

Conclusion

The 73rd Constitutional Amendment represents a significant step towards achieving the goal of empowerment of marginalized sections of society. By providing constitutional recognition to Panchayats and mandating reservation of seats, it has enhanced their political participation and agency at the grassroots level. However, realizing the full potential of this amendment requires addressing the existing limitations and challenges, including strengthening capacity building, ensuring adequate devolution of funds and functions, and tackling social discrimination. Continued efforts are needed to create a truly inclusive and equitable system of local governance that empowers all sections of society.

Answer Length

This is a comprehensive model answer for learning purposes and may exceed the word limit. In the exam, always adhere to the prescribed word count.

Additional Resources

Key Definitions

Decentralization
The transfer of authority and responsibility from a central authority to lower levels, typically local governments or administrative units.
Gram Sabha
The village assembly consisting of all registered voters in a village, serving as the foundation of the Panchayati Raj system.

Key Statistics

As of 2023, approximately 44.2% of total PRI members are women (Ministry of Panchayati Raj, based on knowledge cutoff).

Source: Ministry of Panchayati Raj

According to a 2018 study by the PRS Legislative Research, only about 22% of the funds allocated to Panchayats are untied funds, limiting their flexibility in addressing local needs.

Source: PRS Legislative Research

Examples

Sukinda Block, Odisha

In Sukinda block, Odisha, women representatives prioritized the construction of toilets and provision of safe drinking water, significantly improving sanitation and public health in the region.

Frequently Asked Questions

Does the 73rd Amendment guarantee financial autonomy to Panchayats?

No, the 73rd Amendment does not guarantee complete financial autonomy. It mandates the establishment of State Finance Commissions, but the actual devolution of funds remains largely dependent on the willingness of state governments.

Topics Covered

Indian ConstitutionGovernanceRural DevelopmentDecentralizationGrassroots DemocracySocial Inclusion