HPAS/Allied Mains 2022 Answer Writing Challenge Day 101 : Model Answer

Ques: Describe the compulsory and voluntary provisions of 73^rd Constitutional Amendment Act. (8 Marks)

Answer:

The Constitution (73^rd Amendment) Act was passed in 1992 and it came into effect on 24 April 1993. The Act empowered state governments to take the necessary steps that would lead to the formalisation of the gram panchayats and help them operate as units of self-governance.

The Directive Principles of State Policy in the Constitution of India lays down in Article 40 that the government shall facilitate the establishment and smooth functioning of the gram panchayats.

In order to address these issues and strengthen the local self-governments in India, the central government brought about the 73^rd Amendment Act in 1992. The act was passed in both houses and entered into force from 24^th April 1993.This Act added a new chapter into the Constitution called ‘Part IX: The Panchayats’.

BODY :

Compulsory and voluntary provisions of the act

Compulsory provisions of the act

• Constitution of Gram Sabha in a village or a group of villages
• Establishment of panchayat at village, intermediate and district
• Direct elections to all the above
• Indirect election to the post of the chairperson of the panchayats at the intermediate and district level
• 21 years to be the minimum age for contesting
• Reservation of seats for SC and STs in panchayats at all levels
• Reservation of 1/3^rd seats for women in panchayats
• Fixing of tenure of 5 years and holding elections within six months in any event of supersession of any panchayat
• Establishment of state election commission
• Constitution of state finance commission after every 5 years to review the financial position of the panchayats

Voluntary provisions of the act

• Giving representation to members of the Parliament and state legislature at various levels of the panchayats
• Providing reservation of seats for backward classes
• Granting powers an authority to PRI
• Devolutions of powers and representation
• Granting financial powers to the panchayats

Way Forward

• The need of the hour is to bring about a holistic change in the lives of beneficiaries among the villagers by uplifting their socioeconomic and health status through effective linkages through community, governmental and other developmental agencies.
• Government should take remedial action in the interest of democracy, social inclusion and cooperative federalism.
• People’s demands for the sustainable decentralisation and advocacy should focus on a decentralisation agenda. The framework needs to be evolved to accommodate the demand for decentralisation.
• It is important to have clarity in the assignment of functionsand the local governments should have clear and independent sources of finance.