INDIA LAW LOOK: AMENDMENTS SECTION OF: 1-5

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AMENDMENTS SECTION OF: 1-5

THE CONSTITUTION (SEVENTY-THIRD AMENDMENT) ACT, 1992

SECTION OF: 1-5

SEVENTY-THIRD AMENDMENT

Statement of Objects and Reasons appended to the Constitution(Seventy-second Amendment) Bill, 1991 which was enacted asthe Constitution (Seventy-third Amendment) Act, 1992

STATEMENT OF OBJECTS AND REASONS

Though the Panchayati Raj Institutions have been in existence for along time, it has been observed that these institutions have not beenable to acquire the status and dignity of viable and responsivepeople's bodies due to a number of reasons including absence ofregular elections, prolonged supersessions, insufficientrepresentation of weaker sections like Scheduled Castes, ScheduledTribes and women, inadequate devolution of powers and lack offinancial resources.

2. Article 40 of the Constitution which enshrines one of theDirective Principles of State Policy lays down that the State shalltake steps to organise village panchayats and endow them with suchpowers and authority as may be necessary to enable them to function asunits of self-government. In the light of the experience in the lastforty years and in view of the short-comings which have been observed,it is considered that there is an imperative need to enshrine in theConstitution certain basic and essential features of Panchayati RajInstitutions to impart certainty, continuity and strength to them.

3. Accordingly, it is proposed to add a new Part relating toPanchayats in the Constitution to provide for among other things, GramSabha in a village or group of villages; constitution of Panchayatsat village and other level or levels; direct elections to all seatsin Panchayats at the village and intermediate level, if any, and tothe offices of Chairpersons of Panchayats at such levels; reservationof seats for the Scheduled Castes and Scheduled Tribes in proportionto their population for membership of Panchayats and office ofChairpersons in Panchayats at each level; reservation of not lessthan one-third of the seats for women; fixing tenure of 5 years forPanchayats and holding elections within a period of 6 months in theevent of supersession of any Panchayat; disqualifications formembership of Panchayats; devolution by the State Legislature ofpowers and responsibilities upon the Panchayats with respect to thepreparation of plans for economic developments and social justice andfor the implementation of development schemes; sound finance of thePanchayats by securing authorisation from State Legislatures forgrants-in-aid to the Panchayats from the Consolidated Fund of theState, as also assignment to, or appropriation by, the Panchayats ofthe revenues of designated taxes, duties, tolls and fees; setting upof a Finance Commission within one year of the proposed amendment andthereafter every 5 years to review the financial position ofPanchayats; auditing of accounts of the Panchayats; powers of StateLegislatures to make provisions with respect to elections toPanchayats under the superintendence, direction and control of thechief electoral officer of the State; application of the provisionsof the said Part to Union territories; excluding certain States andareas from the application of the provisions of the said Part;continuance of existing laws and Panchayats until one year from thecommencement of the proposed amendment and barring interference bycourts in electoral matters relating to Panchayats.

4. The Bill seeks to achieve the aforesaid objectives.

NEW DELHI; G. VENKAT SWAMY.

The 10th September, 1991.

THE CONSTITUTION (SEVENTY-THIRD AMENDMENT) ACT, 1992

[20th April, 1993.]

An Act further to amend the Constitution of India.

BE it enacted by Parliament in the Forty-third Year of the Republic of India as follows:-

1. Short title and commencement.-(1) This Act may be called the Constitution (Seventy-third Amendment) Act, 1992.

(2) It shall come into force on such date_680 as the central government may, by notification in the Official Gazette, appoint.

2. Insertion of new Part IX.- After Part VIII of the Constitution, the following Part shall be inserted, namely:-

`PART IXTHE PANCHAYATS243. Definitions.- In this Part, unless the context otherwise requires,-

(a) "district" means a district in a State;

(b) "Gram Sabha" means a body consisting of persons registered in the electoral rolls relating to a village comprised within the area of panchayat at the village level;

(c) "Intermediate level" means a level between the village and district levels specified by the Governor of a State by public notification to be the intermediate level for the purposes of this part;

(d) "Panchayat" means an institution (by whatever name called) of self-government constituted under article 243B, for the rural areas;

(e) "Panchayat area" means the territorial area of a Panchayat;

(f) "population" means the population as ascertained at the last preceding census of which the relevant figures have been published;

(g) "village" means a village specified by the Governor by public notification to be a village for the purposes of this Part and includes a group of villages so specified.

243A. Gram Sabha.- A Gram Sabha may exercise such powers and perform such functions at the village level as the Legislature of a state may, by law, provide.

243B. Constitution of Panchayats.- (1) There shall be constituted in every State, Panchayats at the village, intermediate and district levels in accordance with the provisions of this Part.

(2) Notwithstanding anything in clause (1), Panchayats at the in-termediate level may not be constituted in a State having a population not exceeding twenty lakhs

243C. Composition of Panchayats.- (1) Subject to the provisions of this Part, the Legislature of a State may, by law, make provisions with respect to the composition of Panchayats:

Provided that the ratio between the population of the territorial area of a Panchayat at any level and the number of seats in such Panchayat to be filled by election shall, so far as practicable, be the same throughout the State.

(2) All the seats in a Panchayat shall be filled by persons chosen bydirect election from territorial constituencies in the Panchayat areaand; for this purpose, each Panchayat area shall be divided intoterritorial constituencies in such manner that the ratio between the population of each constituency and the number of seats allotted to it shall, so far as practicable, be the same throughout the Panchayat area.

(3) The Legislature of a State may, by law, provide for the re-presentation-

(a) of the Chairpersons of the Panchayats at the village level, in thePanchayats at the intermediate level or, in the case of a State nothaving Panchayats at the intermediate level, in the Pancayats at thedistrict level;

(b) of the Chairpersons of the Panchayats at the intermediate level,in the Panchayats at the district level;

(c) of the members of the House of the People and the members of the legislative Assembly of the State representing constituencies which comprise wholly or partly a Panchayat area at a level other than the village level, in such Panchayat;

(d) of the members of the Council of States and the members of theLegislative Council of the State, where they are registered aselectors within-

(i) a Panchayat area at the intermediate level, in Panchayat at the intermediate level;

(ii) a Panchayat area at the district level, in Panchayat at the district level.

(4) The Chairperson of a Panchayat and other members of a Panchayat whether or not chosen by direct election from territorial constituencies in the Panchayat area shall have the right to vote in the meetings of the Panchayats.

(2) Not less than one-third of the total number of seats reservedunder clause (1) shall be reserved for women belonging to theScheduled Castes or, as the case may be, the Scheduled Tribes.

(3) Not less than one-third (including the number of seats reservedfor women belonging to the Scheduled Castes and the Scheduled Tribes)of the total number of seats to be filled by direct election in every panchayat shall be reserved for women and such seats may be allotted by rotation to different constituencies in a Panchayat.

(4) The offices of the Chairpersons in the Panchayats at the villageor any other level shall be reserved for the Scheduled Castes, theScheduled Tribes and women in such manner as the Legislature of aState may, by law, provide:

Provided that the number of offices of Chairpersons reserved for theScheduled Castes and the Scheduled Tribes in the Panchayats at eachlevel in any State shall bear, as nearly as may be, the sameproportion to the total number of such offices in the Panchayats ateach level as the population of the Scheduled Castes in the State orof the Scheduled Tribes in the State bears to the total population ofthe State:

Provided further that not less than one-third of the total number of offices of Chairpersons in the Panchayats at each level shall be reserved for women:

Provided also that the number of offices reserved under this clause shall be allotted by rotation to different Panchayats at each level.

(5) The reservation of seats under clauses (1) and (2) and the reservation of offices of Chairpersons (other than the reservation for women) under clause (4) shall cease to have effect on the expiration of the period specified in article 334.

(6) Nothing in this Part shall prevent the Legislature of a State frommaking any provision for reservation of seats in any Panchayat oroffices of Chairpersons in the Panchayats at any level in favour ofbackward class of citizens.

243E. Duration of Panchayats, etc.- (1) Every Panchayat, unlesssooner dissolved under any law for the time being in force, shallcontinue for five years from the date appointed for its first meetingand no longer.

(2) No amendment of any law for the time being in force shall have theeffect of causing dissolution of a Panchayat at any level, which isfunctioning immediately before such amendment, till the expiration ofits duration specified in clause (1).

(3) An election to constitute a Panchayat shall be completed-

(a) before the expiry of its duration specified in clause (1);

(b) before the expiration of a period of six months from the date of its dissolution:

Provided that where the remainder of the period for which the dissolved Panchayat would have continued is less than six months, it shall not be necessary to hold any election under this clause for constituting the Panchayat for such period.

(4) A Panchayat constituted upon the dissolution of a Panchayat beforethe expiration of its duration shall continue only for the remainderof the period for which the dissolved Panchayat would have continuedunder clause (1) had it not been so dissolved.

243F. Disqualifications for membership.-(1) A person shall bedisqualified for being chosen as, and for being, a member of aPanchayat-

(a) if he is so disqualified by or under any law for the time being inforce for the purposes of elections to the Legislature of the Stateconcerned:

Provided that no person shall be disqualified on the ground that he isless than twenty-five years of age, if he has attained the age oftwenty-one years;

(2) If any question arises as to whether a member of a Panchayat hasbecome subject to any of the disqualifications mentioned in clause(1), the question shall be referred for the decision of such authorityand in such manner as the Legislature of a State may, by law, provide.

243G. Powers, authority and responsibilities of Panchayats.- Subjectto the provisions of this Constitution, the Legislature of a Statemay, by law, endow the Panchayats with such powers and authority asmay be necessary to enable them to function as institutions ofself-government and such law may contain provisions for the devolutionof powers and responsibilities upon Panchayats at the appropriatelevel, subject to such conditions as may be specified therein, withrespect to-

(a) the preparation of plans for economic development and socialjustice;

(b) the implementation of schemes for economic development and socialjustice as may be entrusted to them including those in relation to thematters listed in the Eleventh Schedule.

243H. Powers to impose taxes by, and Funds of, the Panchayats.-TheLegislature of a State may, by law,-

(a) authorise a Panchayat to levy, collect and appropriate such taxes,duties, tolls and fees in accordance with such procedure and subjectto such limits;

(b) assign to a Panchayat such taxes, duties, tolls and fees leviedand collected by the State Government for such purposes and subject tosuch conditions and limits;

(d) provide for Constitution of such Funds for crediting all moneysreceived, respectively, by or on behalf of the Panchayats and also forthe withdrawal of such moneys therefrom, as may be specified in the law.

243-I. Constitution of Finance Commission to review financialposition.-(1) The Governor of a State shall, as soon as may be withinone year from the commencement of the Constitution (Seventy-thirdAmendment) Act, 1992, and thereafter at the expiration of every fifthyear, constitute a Finance Commission to review the financial positionof the Panchayats and to make recommendations to the Governor as to-

(a) the principles which should govern-

(i) the distribution between the State and the Panchayats of the netproceeds of the taxes, duties, tolls and fees leviable by the State,which may be divided between them under this Part and the allocation between the Panchayats at all levels of their respective shares of such proceeds;

(ii) the determination of the taxes, duties, tolls and fees which maybe assigned to, or appropriated by, the Panchayat;

(iii) the grants-in-aid to the Panchayats from the Consolidated Fundof the State;

(b) the measures needed to improve the financial position of thePanchayats;

(c) any other matter referred to the Finance Commission by theGovernor in the interests of sound finance of the Panchayats.

(2) The Legislature of a State may, by law, provide for thecomposition of the commission, the qualifications which shall berequisite for appointment as members thereof and the manner in whichthey shall be selected.

(3) The Commission shall determine their procedure and shall have suchpowers in the performance of their functions as the Legislature of theState may, by law, confer on them.

(4) The Governor shall cause every recommendation made by theCommission under this article together with an explanatory memorandumas to the action taken thereon to be laid before the Legislature ofthe State.

243J. Audit of accounts of Panchayats.- The Legislature of a Statemay, by law, make provisions with respect to the maintenance ofaccounts by the Panchayats and the auditing of such accounts.

243K. Elections to the Panchayats.-(1) The superintendence, directionand control of the preparation of electoral rolls for, and the conductof, all elections to the Panchayats shall be vested in a StateElection Commission consisting of a State Election Commissioner to beappointed by the Governor.

(2) Subject to the provisions of any law made by the Legislature of aState, the conditions of service and tenure of office of the StateElection Commissioner shall be such as the Governor may by rule de-termine:

Provided that the State Election Commissioner shall not be removedfrom his office except in like manner and on the like grounds as aJudge of a High Court and the conditions of service of the State Elec-tion Commissioner shall not be varied to his disadvantage after hisappointment.

(3) The Governor of a State shall, when so requested by the StateElection Commission, make available to the State Election Commissionsuch staff as may be necessary for the discharge of the functions con-ferred on the State Election Commission by clause (1).

(4) Subject to the provisions of this Constitution, the Legislature ofa State may, by law, make provision with respect to all matters re-lating to, or in connection with, elections to the Panchayats.

243L. Application to Union territories.-The provisions of this Partshall apply to the Union territories and shall, in their applicationto a Union territory, have effect as if the references to the Governorof a State were references to the Administrator of the Union territoryappointed under article 239 and references to the Legislature or theLegislative Assembly of a State were references, in relation to aUnion territory having a Legislative Assembly, to that LegislativeAssembly:

Provided that the President may, by public notification, direct thatthe provisions of this Part shall apply to any Union territory or partthereof subject to such exceptions and modifications as he may specifyin the notification.

243M. Part not to apply to certain areas.-(1) Nothing in this Partshall apply to the Scheduled Areas referred to in clause (1), and thetribal areas referred to in clause (2), of article 244.

(2) Nothing in this Part shall apply to-

(a) the States of Nagaland, Meghalaya and Mizoram;

(b) the Hill Areas in the State of Manipur for which District Councilsexist under any law for the time being in force.

(3) Nothing in this Part-

(a) relating to Panchayats at the district level shall apply to thehill areas of the District of Darjeeling in the State of West Bengalfor which Darjeeling Gorkha Hill Council exists under any law for thetime being in force;

(b) shall be construed to affect the functions and powers of theDarjeeling Gorkha Hill Council constituted under such law.

(4) Notwithstanding anything in this Constitution,-

(a) the Legislature of a State referred to in sub-clause (a) of clause(2) may, by law, extend this Part to that State, except the areas, ifany, referred to in clause (1), if the Legislative Assembly of thatState passes a resolution to that effect by a majority of the totalmembership of that House and by a majority of not less than two-thirdsof the members of that House present and voting;

(b) Parliament may, by law, extend the provisions of this Part to theScheduled Areas and the tribal areas referred to in clause (1) subjectto such exceptions and modifications as may be specified in such law,and no such law shall be deemed to be an amendment of thisConstitution for the purposes of article 368.

243N. Continuance of existing laws and Panchayats.-Notwithstandinganything in this Part, any provision of any law relating to Panchayatsin force in a State immediately before the commencement of theConstitution (Seventy-third Amendment) Act, 1992, which isinconsistent with the provisions of this Part, shall continue to be inforce until amended or repealed by a competent Legislature or othercompetent authority or until the expiration of one year from suchcommencement, whichever is earlier:

Provided that all the Panchayats existing immediately before suchcommencement shall continue till the expiration of their duration,unless sooner dissolved by a resolution passed to that effect by theLegislative Assembly of that State or, in the case of a State having aLegislative Council, by each House of the Legislature of that State.

243-O. Bar to interference by courts in electoral matters.-Notwithstanding anything in this Constitution,-

(a) the validity of any law relating to the delimitation ofconstituencies or the allotment of seats to such constituencies, madeor purporting to be made under article 243K, shall not be called inquestion in any court;

(b) no election to any Panchayat shall be called in question except byan election petition presented to such authority and in such manner asis provided for by or under any law made by the Legislature of aState.'.

Constitution, after sub-clause (b), the following sub-clause shall beinserted, namely:-

"(bb) the measures needed to augment the Consolidated Fund of a Stateto supplement the resources of the Panchayats in the State on thebasis of the recommendations made by the Finance Commission of theState;".

Constitution, the following Schedule shall be added, namely:-

"ELEVENTH SCHEDULE

(Article 243G)

1. Agriculture, including agricultural extension.

2. Land improvement, implementation of land reforms, landconsolidation and soil conservation.

3. Minor irrigation, water management and watershed development.

4. Animal husbandry, dairying and poultry.

5. Fisheries.

6. Social forestry and farm forestry.

7. Minor forest produce.

8. Small scale industries, including food processing industries.

9. Khadi, village and cottage industries.