Decentralised Governance

#GS-02 Local Self Government

For Prelims:

About 73rd Constitutional Amendment Act:

  • The 73rd Constitution Amendment Act was passed in 1992 and it took effect on April 24, 1993.
  • The Act empowered state governments to take the necessary steps that would lead to the formalisation of the gram panchayats and help them operate as units of self-governance.

The chief features of the act are mentioned below:

  • This Act made the Panchayati Raj institutions in the country constitutional bodies.
  • Under Article 243-B, it has become mandatory for each state to establish panchayats in their territories.
  • Article 243-G makes it compulsory for the state governments to devolve powers, responsibilities and authority to the panchayats.
  • The gram panchayats are to have a fixed tenure of 5 years.
  • State election commissions have been created with the mechanism to conduct independent elections to the village panchayats.
  • Article 243-D gives provisions for the ample representation of women and SC/STs.
  • The State Finance Commission is created to evaluate the financial position of the panchayats every five years.

About 74th Constitution Amendment Act

  • The 74th Amendment Act established a mandate for decentralizing powers and authorities to Urban Local Bodies (ULB) at various levels.
  • However, responsibility for giving it a practical shape rests with the States.
The act classifies the municipalities into the of the following three-types:
  • Nagar panchayat,
  • municipal council,
  • municipal corporation

The major provisions of the Act:

  • Article 243S of the Constitution make the provisions for constitution and composition of Wards Committees, etc. consisting of one or more wards, within the territorial area of a Municipality having a population of three lakhs or more.
  • Article 243T makes the provisions for the reservation of seats. Seats are reserved for the Scheduled Castes and the Scheduled Tribes in every Municipally and the number of seats so reserved shall bear, as nearly as may be, the same proportion to the total number of seats to be filled by direct election in that Municipality as the population of the Scheduled Castes in the Municipal area or of the Scheduled Tribes in the Municipal area bears to the total population of that area and such seats may be allotted by rotation to different constituencies in a Municipality.
  • Not less than one-third of the total number of seats reserved Scheduled Caste are reserved for women belonging to the Scheduled Castes or, as the case may be, the Scheduled Tribes.
  • Not less than one-third (including the number of seats reserved for women belonging to the Scheduled Castes and the Scheduled Tribes) of the total number of seats to be filled by direct election in every Municipality are reserved for women and such seats may be allotted by rotation to different constituencies in a Municipality.
  • The superintendence, direction and control of the preparation of electoral rolls and the conduct of all elections to the municipalities shall be vested in the state election commission.