factors leading to the passage of 73rd Constitutional Amendment Act - MAINS QUESTION - DAILY CURRENT AFFAIR QUESTIONS AND ANSWERS

Monday, September 14, 2020

factors leading to the passage of 73rd Constitutional Amendment Act

Introduction of local self-government - Balwant Rai Mehta Committee was formed in 1956 to consider the nature of the Panchayati system, recognizing the importance of Panchayati Raj institutions. It recommended a three-tier Panchayati system. In the backdrop of this recommendation, the Panchayat system was introduced from Nagaur district in Rajasthan in 1959, but the Panchayati Raj system remained a powerless institution until before the 73rd Act of 1993. It did not prove capable of taking care of local development. The reason is that they had to depend on the government for financial help. Also, the state governments did not favor the formation of local institutions by-election. Several times they were dissolved and the state administration was entrusted with the responsibility of panchayats. During this period, elections were conducted indirectly in many states and these elections were irregular on the level.

The Ashok Mehta Committee was formed in 1977 against the same limitations of Panchayati Raj. It recommended a two-tier Panchayati Raj system. In 1988, P.K. once again consider the nature of the Panchayati Raj system. The Thungan Committee was formed. It not only recommended the granting of all the statutory status to local bodies but also the Constitution recommended amendments to ensure regular elections, listing of functions of local institutions and granting them financial powers.

73rd Constitution Amendment Act, 1993 - In view of the recommendations of the Thungan Committee, the Panchayati Raj was given a legal form in 1993 by the 73rd Constitution Amendment Act. Through this, efforts were also made to bring uniformity in Panchayati form across the country. The purpose of this Act was to strengthen the Panchayati Raj, it is mentioned in Article 243 under Part-9 in the Constitution and the subjects related to it are found in the 11th Schedule.

Salient features

1. Under this Act, according to the recommendations of Balwant Rai Mehta Committee, the three-tier Panchayat system was accepted - Gram Panchayat, intermediate Panchayat, and Zilla Panchayat but in states where the population is less, two-tier Panchayat system has been accepted - Gram Panchayat And is the District Panchayat.

2 In the Panchayati Institutions, the reservation has been made for providing full participation to weaker and disadvantaged groups, where Scheduled Castes and Tribes were given the basis of population and reservation, while at least one-third reservation for women was provided. Later, Bihar took the initiative to provide 50 percent reservation for women in panchayats. Subsequently, a provision of 50 percent reservation for women was also made by Madhya Pradesh, Rajasthan, Himachal Pradesh and Uttarakhand. In this Act, the provision of reservation for other backward classes was left to the state legislature.

3 As far as the provision of reservation for a single post is concerned, it is expected to take appropriate steps in this regard from the State Board of Education.

4 For the Panchayati Raj, the direct electoral system was resorted to, for which it was recommended to constitute a State Election Commission, which will conduct elections to local institutions under supervision. The Act made a strong provision that the State Election Commissioner would be appointed by the Governor, but the procedure for his removal would be similar to that of the judges of the High Court.

5. A mandatory provision for the formation of Gram Sabha was also made in this Act. Its members will be all the people of the village included in the voter list. While the Gram Panchayat president will be elected directly by these members of the gram sabha, indirect elections for intermediate panchayat and Zilla panchayat were resorted to. Election of the President of the Intermediate Panchayat by the members of the Intermediate Panchayat and the election of the President of the District Panchayat of the District Panchayat
It is done by members. Membership of the District Panchayat has been conferred on the President of the Gram Panchayat and the Chairman of the intermediate Panchayat. Also, MPs and MLAs were given the membership of intermediate and Zilla panchayats in their respective constituencies.

6. The tenure of 6 panchayats is of 5 years, but they can be dissolved even before time. In this context, the State Legislature is allowed to make provisions. If the panchayat is prematurely dissolved, a new panchayat will be constituted for the remaining term within six months, but if the panchayat elections are expected within six months of the dissolution, elections will not be held in that condition.

7 Providing minimum age of 21 years for the membership of the Panchayat, it was said that it is necessary for that person to fulfill the necessary qualification for membership of the State Legislature.

8 As far as the determination of powers and powers of Panchayats is concerned, 29 subjects have been mentioned in the Eleventh Schedule and the State Legislature was expected to confer powers and powers in this context.

9. With reference to the financial powers of Panchayats, a provision has been made to constitute the State Finance Commission on the lines of the Central Finance Commission. From this, it was expected that this revenue distribution between states and panchayats
Will consider the question of This commission will be constituted by the governor every five years.

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