Local Governance - Panchayati Raj and Municipalities
~10 min read
- 73rd Amendment 1992: Inserted Part IX (Articles 243-243O) and 11th Schedule. Three-tier Panchayati Raj - village, intermediate, district. 29 functional items.
- 74th Amendment 1992: Inserted Part IX-A (Articles 243P-243ZG) and 12th Schedule. Three types - Nagar Panchayat, Municipal Council, Municipal Corporation. 18 functional items.
- Mandatory features: 5-year term, direct elections, 1/3rd reservation for women, reservation for SC/ST, State Election Commission, State Finance Commission every 5 years.
Local self-government turns democracy into a habit close to the citizen. The 73rd and 74th Amendments 1992 are testable as a unit. CDS/OTA tests the three-tier panchayat structure, the 18 vs 29 subjects, reservation provisions and the SEC/SFC.
History and Background
- Article 40: Original DPSP directing the State to organise village panchayats - Gandhian vision.
- 1957 - Balwant Rai Mehta Committee: Recommended democratic decentralisation - three-tier Panchayati Raj. Rajasthan first launched it in 1959 (Nagaur).
- 1977 - Ashok Mehta Committee: Recommended two-tier system; political party participation; tax powers.
- 1985 - G.V.K. Rao Committee, 1986 - L.M. Singhvi Committee: Recommended constitutional status for PRIs.
- 1989 - 64th Amendment Bill (under Rajiv Gandhi) - failed in Rajya Sabha.
- 1992 - 73rd and 74th Amendments passed (under P.V. Narasimha Rao).
- Came into force 24 April 1993 (PR) and 1 June 1993 (urban).
Panchayati Raj - 73rd Amendment
Part IX, Articles 243-243O, and the 11th Schedule (29 subjects).
| Tier | Body |
|---|---|
| Village level | Gram Panchayat - covers one or more villages |
| Intermediate level | Panchayat Samiti / Block - for States with population above 20 lakh |
| District level | Zila Parishad |
Mandatory features:
- Direct elections to all seats.
- 5-year term.
- Minimum age - 21 years to contest.
- Reservation for SC/ST in proportion to their population.
- Reservation of 1/3rd seats for women (many States have raised to 50%).
- State Election Commission for conducting elections.
- State Finance Commission every 5 years to recommend devolution of finances.
- 11th Schedule - 29 functional items that may be entrusted to Panchayats (water, agriculture, primary education, health, etc.).
Municipalities - 74th Amendment
Part IX-A, Articles 243P-243ZG, and the 12th Schedule (18 subjects).
| Type | For |
|---|---|
| Nagar Panchayat | Areas transitioning from rural to urban |
| Municipal Council | Smaller urban areas |
| Municipal Corporation | Larger urban areas |
Mandatory features: Same as Panchayats - 5-year term, direct election, SC/ST reservation, 1/3rd women's reservation, State Election Commission, State Finance Commission.
Ward Committees: Mandatory in municipalities with population of 3 lakh or more.
District Planning Committee (Article 243ZD) and Metropolitan Planning Committee (Article 243ZE) consolidate plans of panchayats and municipalities.
12th Schedule lists 18 subjects - urban planning, water supply, public health, fire services, slum improvement, urban poverty alleviation, etc.
State Election Commission and State Finance Commission
State Election Commission (Article 243K and 243ZA):
- Conducts elections to PRIs and Municipalities.
- State Election Commissioner appointed by Governor; conditions of service determined by Governor.
- Cannot be removed except in like manner as a HC judge.
State Finance Commission (Article 243I and 243Y):
- Constituted every 5 years by Governor.
- Reviews financial position of Panchayats and Municipalities.
- Recommends sharing of taxes, grants-in-aid from the Consolidated Fund of the State.
- Report tabled before State Legislature.
PESA and Extension to Scheduled Areas
Panchayats (Extension to Scheduled Areas) Act 1996 - PESA:
- Extended Panchayati Raj to Fifth Schedule areas - tribal areas in Andhra Pradesh, Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, MP, Maharashtra, Odisha, Rajasthan, Telangana.
- Gram Sabha given primacy - decisions on land alienation, water resources, minor minerals, social customs.
- Recognises traditional self-governance practices.
PRIs not extended to Sixth Schedule areas (tribal areas of Assam, Meghalaya, Tripura, Mizoram) - those have Autonomous District Councils.
CDS/OTA PYQ Examples
Q: The 73rd Constitutional Amendment Act 1992 added which Schedule to the Constitution?
(a) 10th (b) 11th (c) 12th (d) 9th
Answer: (b) 11th Schedule - listing 29 subjects for Panchayats.
Q: Which one of the following statements about the functioning of Panchayats is not correct?
(a) Panchayats may levy, collect and appropriate taxes, duties, tolls (b) A person who has attained 25 years is eligible to be a member (c) Every Panchayat continues for 5 years from the date of first meeting (d) A Panchayat reconstituted after premature dissolution continues only for the remainder
Answer: (b) Minimum age is 21 years, not 25 years.
Q: How many subjects are listed in the 12th Schedule of the Constitution?
(a) 18 (b) 22 (c) 29 (d) 32
Answer: (a) 18 subjects for Municipalities.
Q: Which Committee first recommended the three-tier Panchayati Raj?
(a) Ashok Mehta Committee (b) Balwant Rai Mehta Committee (c) Sarkaria Commission (d) L.M. Singhvi Committee
Answer: (b) Balwant Rai Mehta Committee 1957.
Q: Reservation for women in PRIs is at least:
(a) 25% (b) 33% (c) 50% (d) 15%
Answer: (b) 33% (1/3rd) - many States have raised to 50%.
Q: The State Finance Commission is constituted every:
(a) 3 years (b) 5 years (c) 10 years (d) Whenever needed
Answer: (b) 5 years (Article 243I).
Drill Local Governance - Panchayati Raj and Municipalities for CDS/OTA
CDS/OTA-pattern items on Local Governance - Panchayati Raj and Municipalities with answer keys and explanations.
Start Free Mock TestFrequently Asked Questions
Why are PRIs and Municipalities under the State List?
Local government is a State subject. The 73rd and 74th Amendments added constitutional status without taking it out of State hands - they set minimum mandatory features but States retain wide discretion.
Are the 11th and 12th Schedule subjects binding on States?
No - they are indicative. State Legislatures may by law endow Panchayats and Municipalities with powers to enable them to function as institutions of self-government - the State decides which subjects and which finances are devolved.
What is the difference between PESA and the 73rd Amendment?
73rd Amendment applies to all India. PESA extends it to Fifth Schedule (tribal) areas with stronger powers for the Gram Sabha - including consent over land acquisition, prospecting licences and water resources.
Why did the 73rd Amendment exempt Nagaland, Meghalaya, Mizoram?
These States have strong traditional tribal self-governance under the Sixth Schedule (Autonomous District Councils). The 73rd Amendment specifically excludes them; PESA also doesn't apply.
Is there a Lok Sabha or Rajya Sabha for the village?
No formal upper House. The Gram Sabha (all adult voters of a village) is the deliberative body; the Gram Panchayat is the elected executive body. The Gram Sabha is the foundation of village democracy.