The 73rd Amendment Act of 1992, also known as the Constitution (Seventy-Third Amendment) Act, was a landmark constitutional amendment in India that provided constitutional status to Panchayati Raj institutions. It introduced significant changes aimed at strengthening local self-governance in rural areas. The amendment focused on devolving powers to Panchayats, ensuring their democratic functioning, and promoting socio-economic development at the grassroots level. The key provisions of the 73rd Amendment Act include both compulsory and voluntary elements:
Compulsory Provisions:
- Three-Tier System (Article 243B):
- Compulsory Provision: The amendment made it mandatory for every state to establish a three-tier system of Panchayati Raj institutions at the village (Gram Panchayat), intermediate (Panchayat Samiti or Mandal Parishad), and district (Zila Parishad) levels.
- Significance: The three-tier structure aimed to create a hierarchical and decentralized system for local governance, ensuring representation at various levels.
- Reservation of Seats (Article 243D):
- Compulsory Provision: The amendment mandated the reservation of seats for Scheduled Castes (SCs), Scheduled Tribes (STs), and women in Panchayati Raj institutions.
- Significance: This provision was introduced to address historical social disparities and promote the inclusion of marginalized sections in the decision-making process.
- Reservation for Chairpersons (Article 243D):
- Compulsory Provision: The offices of the chairpersons in Panchayats at all levels (Gram Panchayat, Panchayat Samiti, and Zila Parishad) must be reserved for SCs, STs, and women in proportion to their population.
- Significance: This provision ensures that leadership roles in Panchayats are also accessible to marginalized communities and women.
- Duration of Panchayats (Article 243E):
- Compulsory Provision: Panchayats are to have a five-year term, and elections must be conducted before the expiration of this term.
- Significance: Regular elections ensure the continuity of local governance and provide stability to the functioning of Panchayats.
Voluntary Provisions:
- Composition of Panchayats (Article 243C):
- Voluntary Provision: States have the flexibility to determine the population-based composition of Panchayats at different levels.
- Significance: This provision allows states to adapt the size and structure of Panchayats based on local requirements and demographic considerations.
- Gram Sabha (Article 243A and 243B):
- Voluntary Provision: While the Gram Sabha (village assembly) is recognized as the fundamental unit of Panchayati Raj, states have the discretion to decide the extent of its powers and functions.
- Significance: States can empower the Gram Sabha with various functions, including approving development plans and monitoring their implementation.
- Finance Commission (Article 280):
- Voluntary Provision: While the Constitution mandates the establishment of a Finance Commission at the state and national levels, it is voluntary at the district level.
- Significance: States can decide whether or not to constitute a district-level Finance Commission, providing recommendations on financial matters for Panchayats.
- Audit of Accounts (Article 243H):
- Voluntary Provision: The manner of audit of Panchayati Raj institutions is left to the discretion of the state legislatures.
- Significance: States can decide on the auditing mechanisms to ensure transparency and accountability in the financial management of Panchayats.
The 73rd Amendment Act of 1992 was a significant step in decentralizing power and promoting local self-governance in rural areas. The combination of compulsory and voluntary provisions allowed for a certain level of flexibility, enabling states to tailor the implementation of Panchayati Raj to their specific needs and conditions.
