Copyright © www.www.examrace.com
73rd Amendment Act of 1992
Copyright © www.www.examrace.com
-73rd Amendment Act of 1992 This Act correspondences to Part IX of constitution of India.
-It is entitled as ‘The Panchayats’ and
consists provisions of ArticTes~ 243 to 243 − Q.
-The Act has also added
the Eleventh Schedule to the Constitution of India. It contains 29 functional
items of the Panchayats and deals with Article 243 − g.
-The Act has given a practical shape to
Article 4 Q of the Constitution. The Act gives a Constitutional status to the
Panchayati Raj institutions.
-The State Governments
are under the Constitutional obligation to adopt the new Panchayati Raj System
in accordance with the provisions of the Act.
-Neither the formation
of the Panchayats nor the holding of elections at regular intervals depends on
the will of the State Government.
-The provisions of the
Act can be grouped into two categories compulsory and voluntary.
The compulsory
provisions of the Act are to be included in the State Laws creating the The
voluntary provisions, on the other hand, may be included at the discretion of
the States.
-It transfers the representative democracy
into the participatory democracy.
-The Act provides for a
three-tier system of the Panchayati Raj in the States, that is, Panchayats at
the village, the intermediate and the district level.
-The Act defines all the
terms in the following manner: Panchayat means an institution (by whatever name
called) of local self-Government for rural areas.
-Village means, a
village specified by the Governor through a public notification to be a village
for this purpose, and includes a group of villages so specified Intermediate
level between the village and the district specified by the Governor through a
public notification for this purpose.
-The Act brings about
uniformity in the structure of the Panchayati Raj throughout the country. A
State having population not exceeding 20 lakh may not constitute Panchayats at
the intermediate level.
-The Act provides for a Gram Sabha as the
foundation of the Panchayati Rai System.
-It is a body consisting
of persons registered in the electoral rolls of the village comprised within
the area of the Panchayat at the village level.
-It is a Village
Assembly consisting of all the registered voters in the area of a Panchayat.
-It shall exercise such
powers and perform such functions at the village level as the State Legislature
determines.
Copyright © www.www.examrace.com
Duration of Panchayats
-The Act provided for a five-year term of
office to the Panchayat at every level.
-However, it can be
dissolved before the completion of its term.
-Fresh election to
constitute a Panchayat shall be completed: Before the expiry of its term; or in
case of dissolution, before the expiry of a period of six months from the date
of its dissolution.
- A person shall be
disqualified for being chosen as or for being a member of the Panchayat if he
is so disqualified: Under any law for the time being in force for the purposes
of elections to the Legislature of the State concerned, or under any law made
by the State Legislature.
-No person shall be
disqualified on the grounds that he is less than 25 years of age if he had
attained the age of 21 years.
- All questions of
disqualifications shall be referred to State Legislature determined.
-The Act provided for
the reservation of seats for the Scheduled Castes and the Schedules Tribes in
every Panchayat (at all the levels) in proportion of their population in the
Panchayat area.
-The State Legislature
shall provide for the reservation of offices of the chairpersons in the
Panchayat at the village or any other level for the SCs and the S Is.
- The Act provides for
the reservation of not less than one-third of the total number of seats for
women (including the number of seats reserved for women belonging to the SCs
and the STs)
- Not less than
one-third of the total number of offices of the Chairpersons in the Panchayats
at each level shall be reserved for women.
-The Act authorizes the
Legislature of a State to make any provision for reservation of seats in any
Panchayat or offices of the chairperson in the Panchayat at any level in favor
of the Backward Classes.
- All members of the
Panchayats at the Village, the Intermediate and the District levels shall be elected
directly by the people.
-The chairperson of the
Panchayats at the Intermediate and District levels shall be elected indirectly
by and from amongst the elected members thereof.
-The chairperson of a
Panchayat at the Village level shall be elected in such a manner as the State
Legislature determines.
-The State Legislature
may endow the Panchayats, with such powers and authority as may be necessary to
enable them to function as institutions of self-government.
-Such a scheme may
contain provisions for the devolution of powers and responsibilities upon
Panchayats at the appropriate level with respect to preparation of plans for
economic development and social justice; the implementation of schemes for the
economic development and social justice as may be entrusted to them, including
those in relation to the 29 matters listed in the Eleventh Schedule.
Copyright © www.www.examrace.com
State Election
Commission
-The superintendence,
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
Commission.
-It consists of a State
Election Commissioner who is to be appointed by the Governor. His conditions of
service and tenure of office shall be determined by the Governor.
- He shall not be
removed from the office except in the manner and on the grounds prescribed for
the removal of a Judge of the State High Court.
-His conditions of
service shall not be varied to his disadvantage after his appointment.
No comments:
Post a Comment