The 73rd Constitutional Amendment Act, 1992 is a landmark in the democratic history of India, as it gave constitutional status to the Panchayati Raj Institutions (PRIs). This amendment added Part IX to the Constitution titled “The Panchayats” and inserted the Eleventh Schedule, which contains 29 subjects to be handled by Panchayats. It came into effect on 24th April 1993, which is now celebrated as National Panchayati Raj Day.
✅ Important Features of Constitution (73rd Amendment) Act, 1992
Below are the most significant features of this amendment in the context of Indian democracy and rural governance:
1. Three-Tier Structure of Panchayati Raj
The Act provides for a three-tier system of Panchayati Raj in every state having a population of more than 20 lakhs:
- Gram Panchayat at the village level
- Panchayat Samiti at the block/intermediate level
- Zila Parishad at the district level
Note: In states with population less than 20 lakhs, only two levels (village and district) are mandatory.
2. Gram Sabha
- The Act establishes the Gram Sabha as the foundation of the Panchayati Raj system.
- It is a body of all registered voters in a village within the area of a Gram Panchayat.
- Gram Sabha has the power to approve plans, budgets, and review the functioning of Panchayats.
It ensures direct democracy and people’s participation in governance.
3. Regular Elections Every 5 Years
- Panchayat elections are to be held every five years.
- If a Panchayat is dissolved before its term, elections must be conducted within 6 months.
- This provision ensures continuity and stability in local governance.
4. Reservation of Seats
The Act mandates reservation in Panchayats for:
a) Scheduled Castes (SCs) and Scheduled Tribes (STs)
- Seats are reserved in every Panchayat in proportion to their population in the Panchayat area.
b) Women
- 1/3rd of total seats (including SC/ST seats) in every Panchayat are reserved for women.
- This also includes 1/3rd of chairperson posts at all levels.
➡️ Many states like Rajasthan and Bihar have increased this reservation to 50% for women.
5. Duration of Panchayats
- The tenure of each Panchayat is 5 years.
- If dissolved earlier, re-election is mandatory within six months.
- Newly elected bodies will serve for a full term of 5 years.
6. State Election Commission
The Act provides for the establishment of a State Election Commission (SEC) in each state to ensure free and fair elections to Panchayats.
The State Election Commission:
- Is an independent body
- Conducts, supervises, and controls elections to Panchayats
- Is headed by a State Election Commissioner, appointed by the Governor
7. State Finance Commission (SFC)
- Every state must establish a State Finance Commission every 5 years.
- The SFC recommends the distribution of funds between the state government and Panchayats.
- It ensures financial autonomy and accountability of Panchayati Raj Institutions.
8. Powers and Responsibilities of Panchayats
According to Article 243G, state legislatures may endow Panchayats with powers and authority to:
- Prepare plans for economic development and social justice
- Implement schemes in relation to the 29 subjects listed in the Eleventh Schedule
Examples of these 29 subjects:
- Agriculture, irrigation
- Drinking water, roads
- Health and sanitation
- Education, women & child welfare
- Social forestry, housing, poverty alleviation, etc.
➡️ The actual devolution of these functions is left to the state governments.
9. Disqualification Criteria
- The state legislature may specify criteria for disqualification of Panchayat members.
- However, any dispute regarding elections must be resolved by an authority determined by the state (usually the District Court or Election Tribunal).
10. Uniformity with Flexibility
- The Act aims to provide a uniform structure of Panchayati Raj across the country.
- However, it also gives flexibility to states to adapt the system according to their geographical, cultural, and administrative needs.
11. Exemptions
The 73rd Amendment does not apply to the following areas:
- Scheduled Areas under Fifth Schedule
- Nagaland, Meghalaya, Mizoram
- Certain tribal areas in Assam, Manipur, and Tripura
➡️ These areas are governed by traditional tribal councils or have separate laws like the PESA Act, 1996 for Scheduled Areas.
12. Eleventh Schedule
The amendment added a new Eleventh Schedule to the Constitution which lists 29 subjects that can be devolved to Panchayats for better local governance.
✅ Significance of the 73rd Amendment
- Democratic Decentralization: Brings government closer to people
- Empowerment of Women and Weaker Sections: Through reservation of seats
- Participatory Governance: Encourages people to be part of local decision-making
- Better Service Delivery: Enables local planning and implementation
- Constitutional Legitimacy: Panchayats are no longer creatures of state laws alone
✅ Challenges in Implementation
Despite the constitutional status, Panchayats face several challenges:
- Reluctance of states to devolve actual powers and finances
- Lack of capacity and training of Panchayat members
- Inadequate infrastructure and staff support
- Dominance of local elites in decision-making
- Weak Gram Sabhas and low public participation
✅ Conclusion
The 73rd Constitutional Amendment Act, 1992 is a milestone in Indian democracy, aimed at strengthening grassroots governance and promoting inclusive development. It provides the framework for an effective Panchayati Raj system, but its success depends on the political will of states, active participation of citizens, and capacity building of institutions.
To make decentralization truly effective, there is a need for:
- Full devolution of functions, funds, and functionaries (3Fs)
- Strengthening of Gram Sabhas
- Promotion of transparency and accountability
- Empowering Panchayats with real autonomy