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European Journal of Business &
Social Sciences
Available at https://ejbss.org/
ISSN: 2235-767X
Volume 07 Issue 03
March 2019
Available online: https://ejbss.org/ P a g e | 149
Empowering the Panchayati Raj Institution through 73rd
Amendment Act – 1992
Dr. Rekha Rani
M.A., M.Phil., Ph.D
Deptt. of Public Adm.
#414, Sector -4, Rohtak(Haryana)
E- mail: rekhakhokhar03@gmail.com
Abstract: “Actually after 1947 the Panchayati Raj System in India was not effective
the way it should have been. Its powers were limited, because the district authorities
could dissolve Panchayati Raj Institutions and elections for these bodies were not
regular. Moreover, accountability was not a recognized feature of these institutions.
The recommendations of the various committees and commissions realized that there
was a need to create a strong third federal tier of governance, which would facilitate
the possibility of rural communities influencing their own future. To materialize this, it
was considered necessary to give constitutional recognition through the 73rd
Amendment Act.It was hoped that this Act will play a remarkable role to empower the
rural people and will strengthen the rural democracy. The present paper highlights the
role of 73rd Amendment Act”.
Keywords: Panchayati Raj, Rural Development, 73rdAmendment Act, Reservations of
Seats, Rural Governance, Rural Democracy.
Introduction: It is a well-known fact that the amendment phase began with the 64th
Amendment Bill (1989), which was introduced in Parliament for constituting
panchayats in every State at the village, intermediate and district levels. It proposed
that the Legislature of a State could by law endow the panchyats with such powers and
authority as may be necessary to enable them to function as institutions of self- government. Unfortunately, though the Bill got a two-thirds majority in the Lok
Sabha, it was struck down in the Rajya Sabha on October 15, 1989, by just two votes.
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ISSN: 2235-767X
Volume 07 Issue 03
March 2019
Available online: https://ejbss.org/ P a g e | 150
Consequently, the next government headed by V.P. Singh also made an
abortive effort to provide Constitutional status to the Panchyaati Raj System through
the introduction of 74th Amendment. These failures notwithstanding, the Government
declared its commitment to the philosophy of Power to the People and to achieve this
objective provided the much needed constitutional status to panchayats. The then
Congress-I Government headed by P.V. Narasimha Rao initiated the 73rd Amended to
the Constitution in 1991. A comprehensive amendment was introduced in the form of
Constitution (72nd Amendment) Bill in September 1991, which was subsequently
referred to a Joint Select Committee of the Parliament in December 1991 for a detailed
examination.
Furthermore, after including the necessary amendments, the Amendment was
passed with near unanimity in the Lok Sabha on December 22, 1992 and in the Rajya
Sabha on December 23, 1992. The Bill got the President’s assent on April 20, 1993
and the Constitution 73rd Amendment Act came into effect from April 24, 1993. This
Amendment has in effect made the transfer of power to Panchayatas a part of the most
basic document of this nation.The amendment required all the states to amend their
respective Panchayat legislations to conform to the Constitution Amendment within
one year and to hold elections by April 1995. Those who would delay the process ran
the risk of losing assistance from the Central Government, as was announced by the
then Prime Minister. All the States complied and adopted new Panchayat legislation
by April 23, 1994. A copy of the Constitution (73rd Amendment) Act, 1992 is placed
at Annexure –III.
Features of The 73rd Amendment Act:
Gram Sabha: It is a body consisting of persons registered in the electoral roll of a
village or a group of villagers which elect a Panchayat. The Act restored the
important role of the Gram Sabha. Article 243 A states that ‘A Gram Sabha may
exercise such powers and perform such functions at the village level as Legislature
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European Journal of Business &
Social Sciences
Available at https://ejbss.org/
ISSN: 2235-767X
Volume 07 Issue 03
March 2019
Available online: https://ejbss.org/ P a g e | 151
of a State may, by law, provide’. It is now clear the primary source of democratic
power is a village. A vibrant and enlightened Gram Sabha is central to the success
of the Panchayati Raj system. It is also expected that the Gram Sabha will be an
active institution for development activities based on local needs.
Three Tier Federal System:This Act provides for a uniform three-tier system of
Panchayats (village, intermediate and district level). Only the states with
population less than twenty lakhs are not required to establish a panchayat at the
intermediate level.
Reservation of Seats: There is a provision for reservation of seats for Schedule
Castes and Schedule Tribes are also reserved for women. No less than one-third of
the total numbers of seats to be filled by direct election are reserved for women.
Not less one-third of the total numbers of seat to be filled by direct elections are
reserved for women and such seats are allotted by rotation to different
constituencies.The offices of the chairpersons in the panchayats at the village or
any other level are reserved for Scheduled Castes and Scheduled Tribes in
proportion to their population. One third of the total numbers of offices of
chairpersons in the panchayats at each level are also reserved for women.
Composition of Panchayats: The Actensuresto hold directelection to the
panchayats. Persons chosen through direct elections from territorial constituencies
fill all the seats in a panchyats. The chair person at the village level is elected in a
manner provided by the legislature of the State concerned. The chairpersons at the
intermediate and district levels are elected by and from amongst the elected
members.
Duration of Panchayats:It makes a provision that the duration of every panchayat
will be for a period of five years. If it is dissolved for any reason before the end of
this period, elections are held within six months. The reconstituted panchayat
functions for the remaining period of the total of five years.
