Provisions of the 73rd Constitutional Amendment Act: Tenure, Reservation, Elections and Powers of Panchayats

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Tenure of Panchayats

  • Every Panchayat shall continue for five years from the date appointed for its first meeting, that is, the tenure of the Panchayats shall be five years at all levels. 
  • However, the Panchayats can be dissolved before the completion of its term. 
  • In such cases, fresh elections need to be conducted to constitute a panchayat before the expiry of a period of six months from the date of its dissolution. 
  • Newly elected panchayat, after the dissolution, remains in office till the remainder of the term.

Reservation of seats for Scheduled Castes and Scheduled Tribes

  • The seats shall be reserved for Scheduled Castes and Scheduled Tribes in every Panchayat in proportion to their population. Such seats can be allotted to different constituencies in a Panchayat by rotation.
  • At least one-third of the total seats reserved for Scheduled Castes and Scheduled Tribes shall be reserved for women belonging to Scheduled Castes or Scheduled Tribes.

Reservation of seats for women

  • Minimum of One-third of the total number of seats in every Panchayat shall be reserved for women. Such reserved seats shall also include one-third seats for women belonging to the Scheduled Castes and the Scheduled Tribes. The reserved seats can be allotted to different constituencies in a Panchayat by rotation.
  • The State Legislature shall, by law, make arrangements for reservation for the posts of chairperson of Panchayats at the village level or any other level.
  • Out of the total number of chairperson posts in the Panchayats at each level, at least one-third shall be reserved for women.
  • The number of seats reserved for the post of Chairperson/President will be allotted to different Panchayats at each level by rotation.

Disqualification for Panchayat Elections

A candidate shall be ineligible to be elected or serve as a member of a Panchayat if they are disqualified under any existing law pertaining to elections for the State Legislature of the relevant state.

Note: An individual shall not be disqualified solely on the basis of being under 25 years of age, provided they have reached the age of 21 years. Therefore, to contest an election at any level of the panchayat, the minimum age requirement is 21 years.

Role of State Election Commission in Panchayat Elections

The state legislature is empowered to make provision with respect to the matters relating to elections to the panchayats. The State Election Commission prepares the electoral roll for all elections to be held for Panchayats and conducts all those elections.

About State Election Commission

  • The State Election Commission consists of a state election commissioner who is appointed by the governor of the state. 
  • The state election commissioner shall not be removed from office except in the same manner and on the same grounds prescribed for the removal of a judge of the state high court.
  • The conditions of service shall not be varied to the disadvantage of the state election commissioner after his/her appointment.

Powers and Functions of Panchayati Raj Institutions Under the 73rd Amendment

The state legislature is empowered to devolve power and authority to enable the Panchayati Raj institutions to function as institutions of self-government. The powers and responsibilities may extend in accordance to the 29 matters listed in the Eleventh Schedule.

The eleventh schedule contains the following 29 functional items placed within the purview of panchayats:

  1. Agriculture, including agricultural extension.
  2. Enhancement of land, execution of land reforms, land consolidation, and soil conservation. 
  3. Minor irrigation, management of water resources, and development of watersheds.
  4. Animal husbandry, dairying and poultry.
  5. Fisheries.
  6. Social forestry and farm forestry.
  7. Minor forest produce.
  8. Small-scale industries, including food processing industries.
  9. Khadi, village and cottage industries.
  10. Rural housing.
  11. Drinking water.
  12. Fuel and fodder.
  13. Construction of roads, culverts, bridges, ferries, waterways, and other communication means.
  14. Rural electrification, including distribution of electricity.
  15. Non-conventional energy sources.
  16. Poverty alleviation programme.
  17. Education, including primary and secondary schools.
  18. Technical training and vocational education.
  19. Adult and non-formal education.
  20. Libraries.
  21. Cultural activities.
  22. Markets and fairs.
  23. Health and sanitation including hospitals, primary health centres and dispensaries.
  24. Family welfare.
  25. Women and child development
  26. Social welfare initiatives, including support for the disabled and those with mental challenges.
  27. Welfare of the weaker sections, and in particular, of the scheduled castes and scheduled tribes.
  28. Public distribution system.
  29. Maintenance of community assets.

Financial Provisions for Panchayati Raj Institutions Under the 73rd Amendment

The state legislature is empowered to make provisions on the matters relating to the finances. For instance, it may:

  • Empower a panchayat to impose, collect, and allocate taxes, duties, tolls, and fees. 
  • Assign to a panchayat the taxes, duties, tolls, and fees that are imposed and collected by the state government. 
  • Establish provisions for grants-in-aid to the panchayats from the consolidated state fund. 
  • Provide for the establishment of funds to deposit all financial resources of the panchayats.

Audit of Accounts for Panchayati Raj Institutions

The state legislature is empowered to make provisions for the maintenance of accounts by the panchayats and the auditing of such accounts.

Application of Panchayati Raj Act in Union Territories

The President of India is empowered to direct some of the provisions of the Panchayati Raj Act to apply to any union territory. However, the provisions are subject to exceptions and modifications as he/she may specify.

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