Pariksha SaathiLesson 10 of 10 · Indian Polity and Constitution
Panchayats, Municipalities and Constitutional and Non-Constitutional Bodies
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73rd Amendment, the framework
The 73rd Amendment Act 1992 came into force on 24 April 1993, observed as National Panchayati Raj Day. It added Part IX, The Panchayats (Articles 243 to 243O), and the Eleventh Schedule with 29 subjects (Article 243G), giving constitutional status to panchayats as the L.M. Singhvi Committee (1986) had recommended. The Gram Sabha of all registered voters of a village is the base (Article 243A). There must be three tiers, village, intermediate and district, but a state with a population not exceeding 20 lakh may skip the intermediate tier (Article 243B). All members are directly elected, chairpersons of the intermediate and district tiers indirectly, and the minimum age to contest is 21.
Reservation, term and supporting bodies
Seats are reserved for SCs and STs in proportion to their population, and at least one-third of all seats, and of chairpersons' posts, are reserved for women (Article 243D); reservation for backward classes is left to the states. Every panchayat has a 5-year term, and after an early dissolution elections must be held within 6 months (Article 243E). A State Election Commission, appointed by the Governor and removable only like a High Court judge, conducts the elections (Article 243K), and a State Finance Commission, constituted every 5 years, reviews panchayat finances (Article 243I). Part IX does not apply to Nagaland, Meghalaya, Mizoram and Scheduled and tribal areas, but the PESA Act 1996 extended it, with changes, to Fifth Schedule areas. The 29 subjects include agriculture, drinking water, rural roads, primary and secondary education, and health and sanitation.
74th Amendment, urban bodies
The 74th Amendment Act 1992 came into force on 1 June 1993 and added Part IXA, The Municipalities (Articles 243P to 243ZG), and the Twelfth Schedule with 18 subjects (Article 243W). Article 243Q provides a Nagar Panchayat for an area in transition from rural to urban, a Municipal Council for a smaller urban area and a Municipal Corporation for a larger one. Ward committees are required where the population is 3 lakh or more (Article 243S). Reservation, the 5-year term, the State Election Commission and the State Finance Commission apply as for panchayats. Article 243ZD provides a District Planning Committee and Article 243ZE a Metropolitan Planning Committee for areas of 10 lakh or more. The 18 subjects include urban planning, water supply, fire services, slum improvement, and registration of births and deaths.
Election Commission and public service commissions
The Election Commission (Article 324), set up on 25 January 1950, now National Voters' Day, controls elections to Parliament, state legislatures and the offices of President and Vice-President, but not to local bodies. It was a single-member body until 1989, had two Election Commissioners besides the CEC briefly in 1989-90, and has been a three-member body (a Chief Election Commissioner and two Election Commissioners) since 1993. The Chief Election Commissioner can be removed only like a Supreme Court judge, and other Election Commissioners only on the CEC's recommendation; their term, fixed by law and not by the Constitution, is 6 years or until age 65, whichever comes first. Sukumar Sen was the first CEC. The UPSC (Articles 315 to 323) conducts examinations for the All-India and central services and advises on recruitment, promotion and discipline; its members are appointed by the President for 6 years or until 65 and can be removed for misbehaviour only after a Supreme Court inquiry (Article 317). State PSC members are appointed by the Governor, removable only by the President, and serve 6 years or until 62.
CAG and the national commissions
The Comptroller and Auditor General (Articles 148 to 151) is appointed by the President, removable only like a Supreme Court judge, and serves 6 years or until 65 under the CAG Act 1971, with no further government office afterwards. The CAG audits the accounts of the Union and the states and reports to the President, who lays the reports before Parliament, and to the Governors (Article 151); the Public Accounts Committee examines them, so the CAG is called its friend, philosopher and guide. The 65th Amendment (1990) created a combined National Commission for SCs and STs, which the 89th Amendment (2003) split into the National Commission for Scheduled Castes (Article 338) and the National Commission for Scheduled Tribes (Article 338A). The 102nd Amendment (2018) gave constitutional status to the National Commission for Backward Classes (Article 338B).
Statutory and executive bodies
The National Human Rights Commission was set up on 12 October 1993 under the Protection of Human Rights Act 1993; it is headed by a former Chief Justice of India or, since a 2019 amendment to the Act, a former Supreme Court judge, has the powers of a civil court, and makes recommendations that are not binding. The Central Vigilance Commission was set up in 1964 by an executive resolution on the Santhanam Committee's advice and became statutory under the CVC Act 2003. The Central Bureau of Investigation was set up in 1963 by a Home Ministry resolution; it is not statutory and draws its powers from the Delhi Special Police Establishment Act 1946. The Lokpal was created by the Lokpal and Lokayuktas Act 2013, in force from 16 January 2014, with a chairperson and up to 8 members, half of them judicial; the first Administrative Reforms Commission had proposed it in 1966, and Maharashtra was the first state to set up a Lokayukta, under its 1971 Act (Odisha had passed such a law in 1970, but it came into force only in 1983).
Key facts
- 73rd Amendment: in force 24 April 1993 (National Panchayati Raj Day); Part IX, Articles 243-243O; Eleventh Schedule, 29 subjects.
- 74th Amendment: in force 1 June 1993; Part IXA, Articles 243P-243ZG; Twelfth Schedule, 18 subjects.
- Panchayat rules: three tiers (intermediate tier optional where state population is 20 lakh or less), minimum age 21, one-third seats for women, 5-year term, election within 6 months of dissolution.
- State Election Commission (Article 243K) and State Finance Commission (Article 243I) serve both panchayats and municipalities; the Finance Commission (Article 280) also recommends measures to augment their funds.
- Urban bodies: Nagar Panchayat (transitional area), Municipal Council (smaller urban area), Municipal Corporation (larger urban area); ward committees at 3 lakh, Metropolitan Planning Committee at 10 lakh population.
- Election Commission: Article 324, set up 25 January 1950 (National Voters' Day); CEC removed like a Supreme Court judge; first CEC Sukumar Sen.
- UPSC (Article 315): term 6 years or age 65; State PSC: 6 years or age 62, appointed by the Governor but removable only by the President.
- CAG (Article 148): 6 years or age 65, removed like a Supreme Court judge; reports under Article 151; friend, philosopher and guide of the PAC.
- NCSC Article 338, NCST Article 338A (split by the 89th Amendment, 2003); National Commission for Backward Classes Article 338B (102nd Amendment, 2018).
- Non-constitutional bodies: NHRC (1993 Act), CVC (1964, statutory 2003), CBI (1963, powers from the DSPE Act 1946), Lokpal (2013 Act), NITI Aayog (2015).
Quick revision
73rd Amendment 1992 (in force 24 Apr 1993): Part IX, Arts 243-243O, Eleventh Schedule 29 subjects; 74th (1 Jun 1993): Part IXA, Arts 243P-243ZG, Twelfth Schedule 18; women one-third; SEC 243K, SFC 243I; Election Commission Art 324; UPSC Arts 315-323; CAG Arts 148-151; NCSC 338, NCST 338A; NHRC 1993, CVC 1964 (statutory 2003), CBI 1963, Lokpal 2013 Act.