M.S.

Shashank

o Every award made by the Permanent Lok Adalat 371. Special provision with respect to the states of
shall be final and binding on all the parties thereto Maharashtra and Gujarat (7TH Const.Amd.)
and shall be by a majority of the persons 371A. Special provision with respect to the state of
constituting the Permanent Lok Adalat. Nagaland (13th Const.Amd)
371B. Special provision with respect to the state of
Assam(22nd Const.Amd)
FAMILY COURTS- statutory 371C. Special provision with respect to the state of
Manipur (27th Const.Amd.)
o Specialized court, Exclusively- family matters
371D. Special provisions with respect to the state of
o Established by State Govt. consulting HC
Andhra Pradesh or the state of Telangana (32nd
o Obligatory to set up court in city- 1 million
Const.Amd)
population
371E. Establishment of Central University in
o Provides only 1 right to appeal which shall lie to
Andhra Pradesh
High court
371F. Special provisions with respect to the state of
Gram Nyayalayas Sikkim (36th Const Amd-Full statehood)
371G. Special provision with respect to the state of
Gram Nyayalayas Act, 2008 has been enacted to
Mizoram (53rd Const.Amd)
provide for the establishment of the Gram
371H. Special provision with respect to the state of
Nyayalayas at the grass roots level for the
Arunachal Pradesh (55th const.Amd.)
purposes of providing access to justice to the
371-I. Special provision with respect to the state of
citizens at their doorsteps
Goa (56th Const.Amd)
The Gram Nyayalaya shall be the court of Judicial
371J. Special provisions with respect to the state of
Magistrate of the first class and its presiding officer
Karnataka(98th Const.Amd)
(Nyayadhikari) shall be appointed by the State
Government in consultation with the High Court. PART-V LOCAL GOVERNMENT PANCHAYATI RAJ
The Gram Nyayalaya shall be a mobile court and
(PART IX; 11TH SCHEDULE)
shall exercise the powers of both Criminal and Civil
It is entrusted with rural development. It was
Courts
constitutionalised through the 73rd Constitutional
The Gram Nyayalaya shall try to settle the disputes
Amendment Act of 1992.
as far as possible by bringing about conciliation
Local self government best explain as exercise in
between the parties and for this purpose, it shall
Democratic Decentralization (UPSC 2017)
make use of the conciliators to be appointed for this
Fundamental Objective of Panchayati Raj-
purpose.
participation in development and Democratic
The Gram Nyayalaya shall not be bound by the
Decentralization (UPSC 2015)
rules of evidence provided in the Indian Evidence
Act, 1872 but shall be guided by the principles of EVOLUTION OF PANCHAYATI RAJ
natural justice and subject to any rule made by the
High Court Balwant Rai Mehta Committee(Jan 1957)
Appeal in criminal cases shall lie to the Court of :Recommended 3 Tier Panchayati raj system
Session, which shall be heard and disposed of Ashok Mehta Committee(Dec 1977): recommended
within a period of six months from the date of filing 2 Tier Panchayati Raj system
of such appeal. GVK Rao Committee(1985): recommended 2 Tier
Panchayati Raj system
SPECIAL PROVISIONS FOR SOME STATES (PART XXI; Dantwala comm.(1978)- Block Level Planning
ART.371 TO371J) Hanumantha rao Comm.: District Planning
Articles 371 to 371-J in Part XXI of the constitution L M Singhvi (1986)-Revitalisation of panchayati Raj
contain special provisions for twelve states viz., Thungon Committee(1988)- recommended 3 Tier
Maharashtra, Gujarat, Nagaland, Assam, Manipur, Panchayati Raj system
Andhra Pradesh, Telangana, Sikkim, Mizoram, Gadgil Committee(1988)- recommended 3 Tier
Arunachal Pradesh, Goa and Karnataka. Panchayati Raj system
Originally, the constitution did not make any special
provisions for these states.

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 M.S.Shashank

73RD AMENDMENT ACT OF 1992 (UPSC 2011) commission. It consists of a state election
commissioner to be appointed by the governor. His
This act has added a new Part-IX to the
conditions of service and tenure of office shall also
Constitution of India. This part is entitled
be determined by the governor. Removal on the
and consists of provisions from Articles
grounds removal of HC judge.
243 to 243 O.
State Finance Commission- The governor of a state
This schedule contains 29 functional items of the
shall, after every five years, constitute a finance
panchayats. It deals with Article 243-G
commission to review the financial position of the
Gram Sabha-The act provides for a Gram Sabha as panchayats; Governor is principle for determining
the foundation of the panchayati raj system; body the taxes and duties which may be appropriated bt
of persons registered in the electoral rolls of a panchayat (UPSC 2010)
village comprising the area of Panchayat at the
village level. Thus, it is a village assembly consisting Compulsory Provisions 0f 73rd Amd Act 1992
of all the registered voters in the area of a
1. Organization of Gram Sabha in a village or group of
panchayat.
villages.
Three-Tier System -The act provides for a three-tier
2. Establishment of panchayats at the village,
system of panchayati raj in every state, that is,
intermediate and district levels.
panchayats at the village, intermediate, and district
3. Direct elections to all seats in panchay-ats at the
levels.
village, intermediate and district levels.
Election of Members and Chairpersons- All the
4. Indirect elections to the post of chairperson of
members of panchayats at the village,
panchayats at the intermediate and district levels.
intermediate and district levels shall be elected
5. Voting rights of the chairperson and other
directly by the people;
members of a panchayat elected directly or
Reservation of Seats- The act provides for the indirectly.
reservation of seats for scheduled castes and 6. 21 years to be the minimum age for contesting
scheduled tribes in every panchayat (i.e., at all the elections to panchayats.
three levels) in proportion of their population to the 7. Reservation of seats (both members and
total population in the panchayat area. The act chairpersons) for SCs and STs in panchayats at all
provides for the reservation of not less than one- the three levels.
third of the total number of seats for women 8. Reservation of one-third seats (both members and
Duration of Panchayats- The act provides for a five- chairpersons) for women in panchayats at all the
year term of office to the panchayat at every level. three levels.
However, it can be dissolved before the completion 9. Fixing tenure of five years for panchay-ats at all
of its term. Further, fresh elections to constitute a levels and holding fresh elections within six
panchayat shall be completed (a) before the expiry months in the event of supersession of any
of its duration of five years; or (b) in case of panchayat.
dissolution, before the expiry of a period of six 10.Establishment of a State Election Commission for
months from the date of its dissolution- Panchayat conducting elections to the panchayats.
continues only for remainder period after 11.Constitution of a State Finance Commission after
reconstituted (UPSC 2016; 2009) every five years to review the financial position of
Disqualifications- A person shall be disqualified for the panchayats
being chosen as or for being a member of
panchayat if he is so disqualified, (a) under any law PESA ACT OF 1996 (EXTENSION ACT) (UPSC 2013; 2012)
for the time being in force for the purpose of
The provisions of Part IX of the constitution
elections to the legislature of the state concerned,
relating to the Panchayats are not applicable to
or (b) under any law made by the state legislature.
the Fifth Schedule areas. However, the Parliament
However, no person shall be disqualified on the
may extend these provisions to such areas, subject
ground that he is less than 25 years of age if he has
to such exceptions and modifications as it may
attained the age of 21 years (UPSC 2016)
specify. Under this provision, the Parliament has
State Election Commission- The superintendence, enacted t
direction and control of the preparation of electoral
rolls and the conduct of all elections to the
panchayats shall be vested in the state election

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 M.S.Shashank

popularly known as the PESA Act or the Extension appointed in 1907 and it submitted its report in
Act. 1909.
At present (2019), ten states have Fifth Schedule
74TH AMENDMENT ACT OF 1992
Areas
Every village shall have a Gram Sabha consisting of the 74th Amendment Act has added a new Part IX-
persons whose names are included in the electoral A to the Constitution of India. This part consists of
rolls for the Panchayat at the village level provisions from Articles 243-P to 243-ZG.
To Recognise Traditional Rights In addition, the act has also added a new Twelfth
Free tribal people from exploitation and provide self Schedule to the Constitution. This schedule
governance contains eighteen functional items of
Every Panchayat at the village level shall be municipalities.
required to obtain from the Gram Sabha a It deals with Article 243-W.
certification of utilization of funds for the above All the members of a municipality shall be elected
plans, programmes and projects directly by the people of the municipal area. For
The reservation of seats in the Scheduled Areas in this purpose, each municipal area shall be divided
every Panchayat shall be in proportion to the into territorial constituencies to be known as wards.
population of the communities for whom The act provides for the reservation of seats for
reservation is sought to be given under Part IX of the scheduled castes and the scheduled tribes in
the Constitution. However, the reservation for the every municipality in proportion of their
Scheduled Tribes shall not be less than one-half of population to the total population in the municipal
the total number of seats. Further, all seats of area. Further, it provides for the reservation of not
Chairpersons of Panchayats at all levels shall be less than one-third of the total number of seats for
reserved for the Scheduled Tribes. women (including the number of seats reserved
Planning and management of minor water bodies for women belonging to the SCs and the STs).
in the Scheduled Areas shall be entrusted to The act provides for a five-year term of office for
Panchayats at the appropriate level every municipality. However, it can be dissolved
The prior recommendation of the Gram Sabha or before the completion of its term. Further, the fresh
the Panchayats at the appropriate level shall be elections to constitute a municipality shall be
mandatory for grant of concession for the completed (a) before the expiry of its duration of
exploitation of minor minerals by auction. five years; or (b) in case of dissolution, before the
expiry of a period of six months from the date of
MUNICIPALITIES (PART IX-A; 12TH SCHEDULE) its dissolution.
A person shall be disqualified for being chosen as or
in India signifies the for being a member of a municipality if he is so
governance of an urban area by the people through disqualified (a) under any law for the time being in
their elected representatives. force for the purposes of elections to the legislature
The system of urban government was of the state concerned; or (b) under any law made
constitutionalised through the 74th Constitutional by the state legislature. However, no person shall
Amendment Act of 1992. be disqualified on the ground that he is less than 25
At the Central level, the subject of rban local years of age if he has attained the age of 21 years
is dealt with by the following three TYPES OF URBAN GOVERNMENTS
ministries: (i) Ministry of Housing and Urban Affairs.
(ii) Ministry of Defense in the case of cantonment 1 Municipal Corporation- Municipal corporations are
boards (iii) Ministry of Home Affairs in the case of created for the administration of big cities like
Union Territories Delhi, Mumbai, Kolkata, Hyderabad, Bangalore and
Resolution of 1870 on financial others. A municipal corporation has three
decentralization visualized the development of local authorities, namely, the council, the standing
self- committees and the commissioner The Council is
Resolution of 1882 has been hailed as the headed by a Mayor. He is assisted by a Deputy
-government. He is called Mayor. He is elected in a majority of the states for
as the father of local-self government in India. The a one-year renewable term. The municipal
Royal Commission on decentralization was

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 M.S.Shashank

commissioner is appointed by the state government During British Rule, certain areas were constituted
and is generally a member of the IAS.
2 Municipality- The municipalities are established for
the administration of towns and smaller cities. The
chief executive officer/chief municipal officer is by the 7th Constitutional Amendment
responsible for day-to-day general administration Act (1956) and the States Reorganization Act
of the municipality. He is appointed by the state (1956).
government Himachal Pradesh, Manipur, Tripura, Mizoram,
3 Notified Area Committee -A notified area Arunachal Pradesh and Goa, which are states
committee is created for the administration of two today were formerly union territories.
types of areas a fast developing town due to At present, there are 8 Union Territories. They are
industrialisation, and a town which does not yet (along with the year of creation): (1) Andaman and
fulfil all the conditions necessary for the Nicobar Islands 1956, (2) Delhi 1956, (3)
constitution of a municipality. But unlike the Lakshadweep 1956, (4) Puducherry 1962, (5)
municipality, it is an entirely nominated body, that Chandigarh 1966, (6) Jammu and Kashmir 2019
is, all the members of a notified area committee and (7) Ladakh 2019, (8) Dadra and Nagar Haveli
including the chairman are nominated by the state and Daman and Diu 2019
government. Every union territory is administered by the
4 Town Area Committee -A town area committee is President acting through an administrator
set up for the administration of a small town. It is a appointed by him. An administrator of a union
semi municipal authority and is entrusted with a territory is an agent of the President and not head
limited number of civic functions like drainage, of state like a governor.
roads, street lighting, and conservancy. It is created The President can specify the designation of an
by a separate act of a state legislature administrator; it may be Lieutenant Governor or
5 Cantonment Board- A cantonment board is Chief Commissioner or Administrator
established for municipal administration for At present, it is Lieutenant Governor in the case of
civilian population in the cantonment area. It is set Delhi, Puducherry, Andaman and Nicobar Islands,
up under the provisions of the Cantonments Act of Jammu and Kashmir and Ladakh and Administrator
2006 a legislation enacted by the Central in the case of Chandigarh, Dadra and Nagar Haveli,
government. A cantonment board consists of partly Daman and Diu and Lakshadweep.
elected and partly nominated members. The The Union Territories of Puducherry (in 1963),
elected members hold office for a term of five Delhi (in 1992) and Jammu and Kashmir (in 2019)
years while the nominated members (i.e., ex-officio are provided with a legislative assembly and a
members) continue so long as they hold the office council of ministers headed by a chief minister.
in that station The Bombay High Court has jurisdiction over two
6 Township- This type of urban government is union territories Dadra and Nagar Haveli, and
established by the large public enterprises to Daman and Diu. Andaman and Nicobar Islands,
provide civic amenities to its staff and workers Chandigarh, Lakshadweep and Puducherry are
who live in the housing colonies built near the placed under the Calcutta, Punjab and Haryana,
plant. No elected members. Kerala, and Madras High Courts respectively. The
7 Port Trust- The port trusts are established in the Jammu and Kashmir High Court is the common high
port areas like Mumbai, Kolkata, Chennai and so on court for the two union territories of Jammu and
for two purposes: (a) to manage and protect the Kashmir, and Ladakh.
ports; and (b) to provide civic amenities. A port
trust is created by an Act of Parliament. SPECIAL PROVISIONS FOR DELHI- The 69th
Constitutional Amendment Act of 1991 provided a
PART-VI UNION TERRITORIES AND SPECIAL AREAS special status to the Union Territory of Delhi, and
UNION TERRITORIES (PART VIII; ART.239-241) redesignated it the National Capital Territory of Delhi
Article 1 of the Constitution, the territory of India and designated the administrator of Delhi as the
comprises three categories of territories: (a) lieutenant (lt.) governor. It created a legislative
territories of the states; (b) union territories; and (c) assembly and a council of ministers for Delhi. The chief
territories that may be acquired by the Government minister is appointed by the President (not by the lt.
of India at any time governor). The other ministers are appointed by the

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 M.S.Shashank

president on the advice of the chief minister. The CONSTITUTIONAL BODIES

ministers hold office during the pleasure of the
president.
UNION PUBLIC SERVICE COMMISSION
SCHEDULED AND TRIBAL AREAS (PART X; ART.244)
Art 315 323 of part XIV
Article 244 in Part X of the Constitution envisages a Composition Chairman and add members
special system of administration for certain areas appointed by president.
. Term- 6yrs or till age of 65yrs
The Fifth Schedule of the Constitution deals with Qualification-No prescribed qualification else 50%
the administration and control of scheduled areas Member holds field experience for 10 years.
and scheduled tribes in any state except the four Removal: Removal by president on basis of
states of Assam, Meghalaya, Tripura and Mizoram. insolvent, Office of Profit or infirmity of minds or
(UPSC 2015; 2008) body and mis behavior Under Article 319. Supreme
The Sixth Schedule of the Constitution, on the Court advice is binding in nature(for Removal)
other hand, deals with the administration of the Members Not eligible for employment other than
tribal areas in the four north eastern states of chairman of UPSC or SPSC once only.
Assam, Meghalaya, Tripura and Mizoram. (UPSC Role-Its role is as Watchdog of Merit System ,
2015) advisory recommendations and only a central
Declaration of Scheduled Areas: The president is recruiting agency.
empowered to declare an area to be a scheduled
area. He can also increase or decrease its area, alter STATE PUBLIC SERVICE COMMISSION
its boundary lines, rescind such designation or make
Article 315 - 323 in Part XIV.
fresh orders for such designation on an area in
Composition- chairman and add members
consultation with the governor of the state
appointed by governor
concerned.
Term- for 6 or till age of 62 year.
Executive Power of State and Center: The executive
Qualification- No qualification else 50% members
power of a state extends to the scheduled areas
have field experience for 10 years.
therein. But the governor has a special
Removal- Remove only by president on the same
responsibility regarding such areas.
ground as UPSC chairman or members can be
Law applicable to Scheduled Areas: The governor is
removed.
empowered to direct that any particular act of
Enjoy security of junior new employment other than
Parliament or the state legislature does not apply to
(UPSC chairman or members) and no second term.
a scheduled area or apply with specified
Their role is the same as UPSC but for the state.
modifications and exceptions.
The Constitution, under Sixth Schedule, contains Election Commission of India
special provisions for the administration of tribal
areas in the four north eastern states of Assam, Article 324 Establishes ECI as All India Body.
Meghalaya, Tripura and Mizoram. Under Article 324, Election commission is 3
The governor is empowered to organize and Member Body -Chief Election Commission (CEC) & 2
reorganize the autonomous districts. Thus, he can Election Commissioner (EC) can be appointed by
increase or decrease their areas or change their president For 6 or till age of 65 years And condition
names. of services are determined by president. (UPSC
The acts of Parliament or the state legislature do 2017)
not apply to autonomous districts and CEC can be removed in the manner & same on the
autonomous regions or apply with specified ground of Supreme Court judges. EC removed by
modifications and exceptions. president On recommendation of CEC.
The chief election commissioner and the two other
election commissioners have equal powers and
receive equal salary, allowances and other
perquisites, which are similar to those of a judge of
the Supreme Court.

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