Master Guide to Local Government in India (73rd and 74th Amendment Acts)
Local self-government in India represents the grassroots level of democratic decentralization. It ensures that the governance and administrative machinery reach the lowest rung of society, empowering citizens to participate in decision-making processes. The formal institutionalization of local governments occurred through the historic 73rd and 74th Constitutional Amendment Acts of 1992, which granted constitutional status to Panchayati Raj Institutions (PRIs) and Urban Local Bodies (ULBs) respectively.
1. Historical Evolution of Local Government
The concept of local self-government is not new to India; village panchayats existed in ancient India. However, the modern system of local governance evolved during the British era and gained momentum post-independence. Several committees were constituted to study and recommend a framework for democratic decentralization.
Balwant Rai Mehta Committee (1957)
Appointed to examine the working of the Community Development Programme (1952) and the National Extension Service (1953). Key recommendations included:
- Establishment of a 3-tier Panchayati Raj system: Gram Panchayat at the village level, Panchayat Samiti at the block level, and Zila Parishad at the district level.
- Direct elections for village panchayats and indirect elections for block and district levels.
- Panchayat Samiti to be the executive body, and Zila Parishad to be the advisory, coordinating, and supervisory body.
- Rajasthan was the first state to establish Panchayati Raj (Nagaur district, Oct 2, 1959).
Ashok Mehta Committee (1977)
Appointed by the Janata government to revive and strengthen the declining Panchayati Raj system. Key recommendations:
- Replacement of the 3-tier system with a 2-tier system: Zila Parishad at the district level and Mandal Panchayat (covering a population of 15,000 to 20,000).
- Zila Parishad should be the executive body.
- Official participation of political parties in Panchayat elections.
- Constitutional recognition of PRIs (though this was not immediately implemented).
GVK Rao Committee (1985) and LM Singhvi Committee (1986)
The GVK Rao Committee emphasized the role of Zila Parishad and regular elections. The LM Singhvi Committee (appointed by the Rajiv Gandhi government) strongly recommended Constitutional Status for Panchayats, reorganization of villages, and the establishment of Nyaya Panchayats.
2. The 73rd Constitutional Amendment Act, 1992 (Panchayati Raj)
This act added a new Part IX to the Constitution entitled “The Panchayats” and consists of provisions from Articles 243 to 243O. It also added the 11th Schedule containing 29 functional items of the panchayats.
Key Features of the 73rd Amendment Act
- Gram Sabha (Article 243A): The foundation of the PRI system. It consists of all registered voters in the area of a village panchayat. It exercises powers as determined by the state legislature.
- Three-Tier System (Article 243B): Brings uniformity by establishing Panchayats at the village, intermediate (block), and district levels. (States with a population below 20 lakhs may not constitute the intermediate level).
- Election of Members and Chairpersons (Article 243C): All members at all three levels are elected directly by the people. The chairperson of the village panchayat is elected as determined by the state legislature, while chairpersons at intermediate and district levels are elected indirectly.
- Reservation of Seats (Article 243D):
- Reservation for SCs and STs in proportion to their population.
- Reservation of not less than one-third of the total seats for women (including seats reserved for SC/ST women).
- State legislatures may also provide reservation for backward classes.
- Duration of Panchayats (Article 243E): A fixed term of 5 years. Elections must be held before the expiry of its term. If dissolved earlier, elections must be held within 6 months.
- Disqualifications (Article 243F): A person is disqualified if so under any law for state legislature elections. However, the minimum age to contest is 21 years (unlike 25 for MLA).
- State Election Commission (Article 243K): Constituted for the superintendence, direction, and control of electoral rolls and the conduct of panchayat elections. The State Election Commissioner is appointed by the Governor.
- State Finance Commission (Article 243I): Appointed by the Governor every five years to review the financial position of panchayats and make recommendations on the distribution of taxes, duties, and grants-in-aid.
Compulsory vs. Voluntary Provisions
The 73rd Act divides provisions into Compulsory (mandatory for all states) and Voluntary (discretionary for states).
Compulsory: Organization of Gram Sabha, 3-tier system, direct elections for members, 21 years voting age, reservation for SC/ST/Women, 5-year tenure, State Election Commission, State Finance Commission.
Voluntary: Giving representation to MPs/MLAs, reservation for backward classes, granting financial powers (taxation) to panchayats, devolution of powers regarding the 29 items in the 11th Schedule.
PESA Act, 1996 (Extension to Scheduled Areas)
The provisions of Part IX do not automatically apply to Fifth Schedule areas. The Parliament enacted the Provisions of the Panchayats (Extension to the Scheduled Areas) Act, 1996 (PESA) to extend Part IX to these areas with certain modifications. PESA aims to safeguard tribal traditions, empower Gram Sabhas with significant powers over minor forest produce, land acquisition, and local dispute resolution.
3. The 74th Constitutional Amendment Act, 1992 (Municipalities)
This act added a new Part IX-A to the Constitution entitled “The Municipalities” covering Articles 243P to 243ZG. It also added the 12th Schedule containing 18 functional items for municipalities.
Types of Urban Local Bodies
The act provides for three types of municipalities in every state (Article 243Q):
- Nagar Panchayat: For a transitional area (an area transitioning from rural to urban).
- Municipal Council: For a smaller urban area.
- Municipal Corporation: For a larger urban area.
Key Features of the 74th Amendment Act
- Composition (Article 243R): All members are elected directly by the people. The state legislature may provide for the representation of persons with special knowledge, MPs, MLAs, etc.
- Wards Committees (Article 243S): To be constituted for one or more wards within the territorial area of a municipality having a population of three lakhs or more.
- Reservation of Seats (Article 243T): Similar to Panchayats—reservation for SC/ST in proportion to population, and one-third reservation for women.
- Duration (Article 243U): A fixed term of 5 years. Fresh elections to be completed within 6 months in case of early dissolution.
- State Election Commission and Finance Commission: The bodies constituted under the 73rd Amendment also cater to Municipalities (Articles 243ZA and 243Y).
Planning Committees
- District Planning Committee (DPC – Article 243ZD): Every state must constitute a DPC at the district level to consolidate the plans prepared by panchayats and municipalities in the district and draft a development plan for the district as a whole. 4/5th of members are elected from amongst elected members of Zila Parishad and municipalities.
- Metropolitan Planning Committee (MPC – Article 243ZE): In every metropolitan area (population of 10 lakhs or more), an MPC is constituted to prepare a draft development plan. 2/3rd of members are elected from amongst elected members of municipalities and chairpersons of panchayats in the area.
4. Significance and Challenges of Local Government
Significance: Brought democratic decentralization, empowered marginalized sections (SC/ST/Women), increased political consciousness at the grassroots, and created a massive leadership pipeline.
Challenges: Inadequate devolution of funds, functions, and functionaries (the 3 Fs) by state governments. Excessive bureaucratic control, lack of capacity building, proxy leadership (e.g., Sarpanch Pati syndrome), and irregular elections in some instances.
5. Practice Questions (MCQs) for UPSC / MPSC
- Which committee recommended constitutional status for Panchayati Raj Institutions?
A) Balwant Rai Mehta Committee
B) Ashok Mehta Committee
C) LM Singhvi Committee
D) GVK Rao Committee
Answer: C - The minimum age required to contest Panchayat elections is:
A) 18 years
B) 21 years
C) 25 years
D) 30 years
Answer: B - Which article of the Constitution relates to the establishment of the State Election Commission for Panchayats?
A) Article 243I
B) Article 243K
C) Article 243D
D) Article 243F
Answer: B - How many functional items are placed in the 11th Schedule of the Constitution?
A) 18
B) 29
C) 22
D) 15
Answer: B - Who appoints the State Finance Commission?
A) President of India
B) Chief Minister
C) Governor of the State
D) Finance Minister of the State
Answer: C - Wards Committees are required to be constituted in municipalities having a population of:
A) 1 Lakh or more
B) 3 Lakhs or more
C) 5 Lakhs or more
D) 10 Lakhs or more
Answer: B - Which of the following is NOT a voluntary provision under the 73rd Amendment Act?
A) Reservation of seats for backward classes
B) Granting financial powers to panchayats
C) Direct elections for the post of Sarpanch
D) Giving representation to MPs and MLAs in panchayats
Answer: C - The PESA Act was enacted in which year?
A) 1992
B) 1993
C) 1996
D) 2001
Answer: C - The District Planning Committee consists of members elected by:
A) Governor
B) State Legislature
C) Elected members of Zila Parishad and Municipalities
D) Gram Sabha
Answer: C - Which Schedule contains the functional items for Municipalities?
A) 10th Schedule
B) 11th Schedule
C) 12th Schedule
D) 9th Schedule
Answer: C
This exhaustive guide covers the fundamentals of Local Government in India. Ensure to revise the exact Constitutional Articles and the division of subjects between the state and local bodies for maximum retention for competitive exams.