73rd and 74th Amendments: Panchayati Raj and Urban Local Bodies Explained

Historical Context

Before the 73rd and 74th Amendments, local self-government institutions in India lacked constitutional backing. They were largely dependent on state governments for funds, functions, and functionaries. This often led to their weak and ineffective functioning. Various committees, such as the Balwant Rai Mehta Committee (1957) and the Ashok Mehta Committee (1977), recommended constitutional recognition for Panchayati Raj Institutions (PRIs). The Rajiv Gandhi government introduced the 64th Constitutional Amendment Bill in 1989, but it failed to pass in the Rajya Sabha. Later, the P.V. Narasimha Rao government successfully introduced these landmark amendments.

The idea of local self-government has deep roots in Indian history, with village panchayats existing for centuries. However, their formal, constitutional recognition and empowerment came much later. The amendments aimed to strengthen democracy at the grassroots level and ensure greater participation of people in decision-making processes. This move was crucial for bringing governance closer to the citizens and addressing local issues more effectively.

73rd Amendment Act

The 73rd Constitutional Amendment Act, 1992, came into force on April 24, 1993. It granted constitutional status to Panchayati Raj Institutions (PRIs). This Act added a new Part IX, titled 'The Panchayats,' to the Constitution, comprising Articles 243 to 243O. It also added the Eleventh Schedule, which lists 29 functional items within the purview of Panchayats. The Act mandates a three-tier system of Panchayats: Gram Panchayat at the village level, Panchayat Samiti at the intermediate (block) level, and Zila Parishad at the district level. However, states with a population not exceeding 20 lakh may not constitute Panchayats at the intermediate level.

Key provisions include direct elections to all seats in Panchayats, reservation of seats for Scheduled Castes (SCs) and Scheduled Tribes (STs) in proportion to their population, and reservation of not less than one-third of the total seats for women. It also mandates the constitution of a State Election Commission to conduct Panchayat elections and a State Finance Commission to review the financial position of Panchayats and make recommendations to the Governor. The Act ensures a fixed tenure of five years for Panchayats, with fresh elections to be completed before the expiry of the term or within six months if a Panchayat is dissolved prematurely.

74th Amendment Act

The 74th Constitutional Amendment Act, 1992, came into force on June 1, 1993. It granted constitutional status to Urban Local Bodies (ULBs). This Act added a new Part IXA, titled 'The Municipalities,' to the Constitution, comprising Articles 243P to 243ZG. It also added the Twelfth Schedule, which lists 18 functional items within the purview of Municipalities. The Act mandates a three-tier system of Municipalities: Nagar Panchayat for transitional areas, Municipal Council for smaller urban areas, and Municipal Corporation for larger urban areas.

Similar to the 73rd Amendment, the 74th Amendment also provides for direct elections to all seats in Municipalities, reservation of seats for SCs and STs, and reservation of not less than one-third of the total seats for women. It also mandates the constitution of a State Election Commission and a State Finance Commission for ULBs. A significant provision is the constitution of District Planning Committees (DPCs) at the district level and Metropolitan Planning Committees (MPCs) in metropolitan areas to prepare development plans. The Act ensures a fixed tenure of five years for Municipalities, with fresh elections to be completed before the expiry of the term or within six months if a Municipality is dissolved prematurely.

Significance and Impact

These amendments marked a revolutionary step towards democratic decentralization in India. They transformed local self-government from administrative arrangements into constitutionally mandated democratic units. The provisions for reservation for SCs, STs, and women have significantly increased their representation and participation in local governance, empowering marginalized sections of society. The establishment of State Election Commissions ensures free and fair elections, while State Finance Commissions help in strengthening the financial autonomy of local bodies.

Despite their transformative impact, challenges remain. Issues like inadequate financial resources, limited devolution of powers by state governments, lack of trained personnel, and bureaucratic interference continue to hinder the full potential of these institutions. However, the 73rd and 74th Amendments have laid a strong foundation for participatory democracy and good governance at the grassroots level, making local bodies vibrant institutions of self-governance. They represent a significant move towards 'Gram Swaraj' and 'Nagar Swaraj' envisioned by Mahatma Gandhi.

Important Keywords Explained

Panchayati Raj Institutions (PRIs)concept

These are rural local self-government bodies in India, established under the 73rd Constitutional Amendment Act. They operate at three levels: Gram Panchayat (village), Panchayat Samiti (block), and Zila Parishad (district). PRIs are responsible for local administration, development, and welfare activities in rural areas, promoting grassroots democracy and citizen participation.

Urban Local Bodies (ULBs)concept

These are local self-government bodies in urban areas of India, established under the 74th Constitutional Amendment Act. They include Nagar Panchayats (transitional areas), Municipal Councils (smaller urban areas), and Municipal Corporations (larger urban areas). ULBs manage urban infrastructure, public health, sanitation, and other civic amenities, ensuring local governance in cities and towns.

Eleventh Scheduleact

Added to the Constitution by the 73rd Amendment Act, this schedule lists 29 functional items over which Panchayats have jurisdiction. These items cover subjects like agriculture, land improvement, minor irrigation, animal husbandry, fisheries, social forestry, primary and secondary education, health and sanitation, and poverty alleviation programs.

Twelfth Scheduleact

Added to the Constitution by the 74th Amendment Act, this schedule lists 18 functional items over which Municipalities have jurisdiction. These items include urban planning, regulation of land use, roads and bridges, water supply, public health, sanitation, fire services, slum improvement, urban forestry, and protection of the environment.

State Election Commissionorganization

An independent body mandated by both the 73rd and 74th Amendments to superintend, direct, and control the preparation of electoral rolls and the conduct of all elections to Panchayats and Municipalities. It ensures free, fair, and impartial local body elections, similar to the Election Commission of India for state and national elections.

Additional Facts & Context

• India has over 2.5 lakh Panchayats and over 4,000 Urban Local Bodies.
• Approximately 32 lakh elected representatives serve in Panchayats and Municipalities across India.
• More than 14 lakh women representatives have been elected to local bodies due to the reservation policy.
• Article 243G empowers state legislatures to endow Panchayats with powers and authority.
• Article 243W empowers state legislatures to endow Municipalities with powers and authority.