SALIENT FEATURES OF THE 73RD
CONSTITUTIONAL AMENDMENT ACT
The 73rd Constitutional Amendment Act
has been passed to remove the lapses in the Panchayati Raj system of India. The
Assam Panchayat Act of 1994 was passed by the 73rd Constitutional
Amendment Act. The following are the main features of the 73rd
Constitutional Amendment Act;
1) There shall be a Gaon Sabha comprising of
persons registered in electoral rolls.
2) There shall be a three-tier system consisting
of village, intermediate and district levels.
3) The members of Panchayati Raj institutions
shall be directly elected. However, the election in respect of the post of
Chair persons at intermediate level and district level shall be indirect.
4) There shall be reservations of Schedule Caste
and Schedule Tribes in proportion to their population at each level. Not less
than 1/3 of total member of seats shall be reserved for women.
5) The
state legislature may by law authorize Panchayats to levy and collect taxes or
assign it such taxes, duties, tolls collected by the state government. The
Panchayats shall receive grant-in-aid from the consolidated fund of the state.
6) A
Finance Commission shall be constituted by the Governor to review financial
position of the Panchayats and recommend distribution of funds, between the
state and the Panchayats.
7) The
73rd Constitutional Amendment Act has granted the Panchayati Raj
institutions a constitutional status.
8) It
has brought about uniformity in the Panchayati Raj system by making three-tier
system a permanent feature.
9) This
Act has given financial autonomy to the Panchayats.
10)
It has made provisions for regularity of Panchayat elections.
SALIENT FEATURES OF THE MUNICIPALITIES AFTER
THE PASSING OF 74TH AMENDMENT ACT
1) Constitution
of 3 types of municipalities; Nagar Panchayat for fast urbanizing rural areas,
Municipal Council for smaller urban areas and Municipal corporations for larger
urban areas.
2) Fixed
5 years term and continuity of operation for municipalities.
3) Appointment
of an Election Commission in each state for conducting local elections to the
institutions of local government.
4) Appointment
of a Finance Commission for local government.
5) Constitution
of metropolitan and district planning committees in each year.
6) Provision
for reservation of seats for Schedule Caste, Schedule Tribes, Other Backward
Classes and women.
7) Provision
for reservation of seats of public offices for Schedule Caste, Schedule Tribes
and women.
After the passing of the 74th
Amendment Act all the states of union were to enact or amend their respective
municipal acts. This work was accomplished by 1994. The urban local government
institutions in all states were organized in their new forms with effect from
1994.
The ‘Eleventh Schedule’ of the Constitution
was added and in enumerated 29 subjects which were to be within the
jurisdiction of Panchayats.
Election to the Panchayats:
The superintendence, direction and control
of the preparation of electoral rolls and for the conduct of all elections to
the Panhayats all are vested in a State Election Commission consisting of a
State Election Commissioner to be appointed by the Governor. The office of the
State Election Commissioner is autonomous like the Election Commissioner of
India.
State Finance Commission:
Each state is to constitute a Finance
Commission after every five years. It is to review the financial position of
Panchayats and make recommendations regarding the distribution of revenue between
the state and the Panchayats.
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