Part IX: The Panchayats
Provides the constitutional framework for rural local self-government in India, commonly known as the Panchayati Raj system. This part was added by the 73rd Constitutional Amendment Act, 1992, to establish a uniform three-tier system of Panchayats at the village, intermediate, and district levels. It aims to decentralize power and strengthen grassroots democracy.
Definitions & Establishment
Definitions
Defines key terms for this part, including "district", "Gram Sabha" (village assembly of all registered voters), "intermediate level" (between village and district), "Panchayat" (an institution of self-government), and "village".
Gram Sabha
Establishes the Gram Sabha as a body consisting of persons registered in the electoral rolls of a village within a Panchayat area. It is the foundational unit of the Panchayati Raj system, exercising powers and performing functions at the village level as determined by the State Legislature.
Constitution of Panchayats
Mandates that there shall be Panchayats at the village, intermediate, and district levels in every State. However, States with a population not exceeding twenty lakhs may not have Panchayats at the intermediate level.
Composition, Reservations & Duration
Composition of Panchayats
Provides that all seats in a Panchayat shall be filled by persons chosen by direct election from territorial constituencies. The Chairperson of a Panchayat at the village level shall be elected as provided by law; at other levels, the Chairperson shall be elected by, and from amongst, the elected members.
Reservation of seats
A landmark provision mandating the reservation of seats: (a) for Scheduled Castes and Scheduled Tribes in proportion to their population; (b) not less than one-third of the total seats for women (including those reserved for SC/ST women); (c) similar reservations for the offices of Chairpersons.
Duration of Panchayats, etc.
Fixes the term of every Panchayat at five years from the date of its first meeting. Elections to constitute a new Panchayat must be completed before the expiry of its term. A Panchayat can be dissolved earlier, but fresh elections must be held within six months of dissolution.
Powers, Responsibilities & Finances
Powers, authority and responsibilities of Panchayats
Empowers State Legislatures to endow Panchayats with such powers and authority as may be necessary to enable them to function as institutions of self-government. This includes preparing plans for economic development and social justice, and implementing schemes related to the 29 matters listed in the Eleventh Schedule.
Powers to impose taxes and funds of Panchayats
Authorizes State Legislatures to confer on Panchayats the powers to levy, collect, and appropriate taxes, duties, tolls, and fees. It also allows States to assign to Panchayats revenues from certain taxes, and provide for grants-in-aid from the State Consolidated Fund.
Constitution of Finance Commission to review financial position
Mandates the Governor of a State to constitute a Finance Commission every five years to review the financial position of the Panchayats and recommend principles for: (a) distributing net tax proceeds between State and Panchayats; (b) determining taxes to be assigned to Panchayats; (c) grants-in-aid.
🗳️ Election Commission & Other Key Provisions
Election Supervision
- Art. 243K: State Election Commission to superintend, direct and control elections to Panchayats.
- Art. 243O: Bars courts from interfering in electoral matters of Panchayats (no delimitation or election to be questioned except by an election petition).
Application & Exemptions
- Art. 243L: Application to Union territories (with modifications by President).
- Art. 243M: Part does not apply to certain areas like Scheduled Areas, tribal areas, and states like Nagaland, Mizoram, etc. (Separate laws exist for Scheduled Areas).
Continuance & Audit
- Art. 243N: Continuance of existing laws and Panchayats until altered.
- Art. 243J: Provision for audit of Panchayat accounts by State Legislature.
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