INDORE INSTITUTE OF LAW
(Affiliated to D.A.V.V. & B.C.I., an Autonomous Law College
with NAAC A+ Grade)
SESSION- 2022-2027
B.A.LL.B(HONS)
3RD SEMESTER
CONSTITUTIONS
GRAND VIVA
TO ASST. PRF. NAVEEN BY MUSKAN KUMARI
S.CHAUHAN
EXPLAIN THE CONSTITUTION
ANF FUNCTIONS OF
PANCHAYATS INSERTED BY
73RD AMENDMENT ACT?
INTRODUCTION
EVOLUTION
OBJECTIVE
CONSTITUTIONAL
PROVISIONS
SALIENT FEATURES
CONCLUSION
INTRODUCTION
The 73rd Amendment Act was passed in 1992 and came
into effect on 24th April 1993 which inserted Part IX
consisting of Article 243 to 243-O, and the
Eleventh Schedule enumerating 29 functional items.
The Act gave certain powers to the state government to
constitute gram panchayats at a local level and provide
them with all the necessary assistance to operate as a
unit of self-governance. The panchayat system was
prevalent in India before the Amendment Act was
enforced.
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EVOLUTION
Article 40 of the Indian Constitution obligated the state governments to constitute panchayats
and provide them such powers and functions so that they can work as a unit of self-government.
Executing its obligations certain committees were constituted by the government of India to give
recommendations upon the implementation of self-governance on the rural level.
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OBJECTIVES
The main objective of the 73rd Constitutional Amendment Act, 1992 was to provide
constitutional status to the panchayats.
It aimed at democratic decentralisation of power and resources among the central government
and local bodies such as PRIs. This will create more engagement of the public in governance.
Article 40 of the Indian Constitution states that it is the duty of the government to establish
village panchayats and give them adequate power and authority so that they can function as a
unit of self-government. The government came up with this amendment to provide an
implementation of this Article.
The Amendment was based upon the Gandhian principle that advocates for 3-tier governance
where the third level of government can directly deal with the public and solve their
issues and problems at the grass-root level.
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CONSTITUTIONAL PROVIONS
Panchayati Raj Institutions (PRIs) were made constitutional
bodies.
Every state had an obligation to establish panchayats in their
territories. (Article 243-B)
The State has the responsibility to develop powers,
responsibilities, and authorities to the panchayats. (Article
243-G)
The panchayats are elected for a tenure of 5 years.
The amendment provides for a mechanism for the state
election commission to conduct independent elections for the
village panchayats.
The amendment provides for an adequate representation of
women, SCs, and STs in the village Panchayati Raj
Institutions.
It is the duty of the State Finance Commission to evaluate
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the financial position of the village panchayats.
SALIENT FEATURES
THREE TIER SYSTEM-
GRAM SABHA
PANCHAYAT SAMITI
ZILA PARISHAD
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CONCLUSION
Panchayati Raj Institution was
established after 45 years of
independence despite many efforts
made by the government. The reason
behind this could be illiteracy, lack of
funds, and political will. Panchayats are
the best institutions for the people in
villages to solve their issues and put
their voice upfront before the
government. Therefore the panchayats
are the best institution to deal with the
issues arising at the grassroots level.
However, there are many flaws in the
system but this Amendment was a huge
step by the government to give
constitutional status to the panchayats.
Thank you
