Write three salient features of the 73rd Constitutional Amendment Act.

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Points to Remember: The 73rd Constitutional Amendment Act, 1992, deals with Panchayati Raj Institutions (PRIs) in India. Its salient features focus on empowering local governance.

Introduction:

The 73rd Constitutional Amendment Act of 1992 is a landmark legislation in India, aimed at strengthening democratic decentralization by establishing Panchayati Raj Institutions (PRIs) at the village, intermediate, and district levels. This act significantly altered the Indian federal structure by constitutionally mandating PRIs and granting them specific powers and responsibilities. Before this amendment, local governance was largely dependent on state-level legislation, lacking the constitutional backing and uniformity that the 73rd Amendment provided. The amendment aimed to bring governance closer to the people, fostering participatory democracy and improving rural development.

Body:

1. Constitutional Status and Three-Tier Structure:

The most significant feature is the constitutional recognition of PRIs. The amendment added Part IX (“The Panchayats”) to the Constitution, providing a legal framework for their establishment. It mandates a three-tier panchayat system (Gram Panchayat at the village level, Panchayat Samiti at the intermediate level, and Zilla Parishad at the district level) in states with a population exceeding a certain threshold. This ensures uniformity and prevents arbitrary changes by state governments. This constitutional backing ensures the longevity and stability of PRIs, unlike previous arrangements that were subject to frequent changes in state laws.

2. Reservation of Seats:

The amendment mandates reservation of seats for Scheduled Castes (SCs) and Scheduled Tribes (STs) in proportion to their population in the Panchayats. It also reserves one-third of the total seats for women, promoting gender equality in local governance. This affirmative action provision aims to address historical inequalities and ensure representation of marginalized communities in decision-making processes. While implementation has faced challenges, the reservation clause remains a crucial aspect of the act’s commitment to social justice.

3. Grant of Powers and Responsibilities:

The 73rd Amendment empowers Panchayats with significant powers and responsibilities in various areas of rural development, including agriculture, irrigation, rural infrastructure, health, education, and social justice. The Eleventh Schedule to the Constitution lists 29 functional items over which Panchayats are granted powers. This devolution of power is intended to enhance local self-governance and improve the efficiency of service delivery. However, the actual extent of power and resources transferred to Panchayats varies across states, highlighting the need for consistent implementation and monitoring.

Conclusion:

The 73rd Constitutional Amendment Act’s three salient features – constitutional status with a three-tier structure, reservation of seats for SCs, STs, and women, and the grant of significant powers and responsibilities – represent a significant step towards decentralization and participatory democracy in India. While challenges remain in terms of effective implementation, resource allocation, and capacity building, the amendment has undeniably strengthened local governance and empowered marginalized communities. Moving forward, a focus on capacity building of PRI members, ensuring adequate financial resources, and strengthening accountability mechanisms are crucial for realizing the full potential of the 73rd Amendment and fostering inclusive and sustainable rural development. This will ultimately contribute to a more robust and equitable democratic system, upholding the constitutional values of justice, liberty, equality, and fraternity.

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