12-07-2016, 10:01 AM
73 and 74 constitution amendment act
After the 73rd and 74th Amendments the Democratic base has widened enormously enabling Horizontal Planning and Implementation of Development Programmes.
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73rd Amendment Act, 1992 The salient features of the Act are: -
· To provide 3-tier system of Panchayati Raj for all States having population of over 20 lakh.
· To hold Panchayat elections regularly every 5 years.
· To provide reservation of seats for Scheduled Castes, Scheduled Tribes and women (not less than 33%)
· To appoint State Finance Commission to make recommendations as regards the financial powers of the Panchayats.
· To constitute District Planning Committee to prepare draft development plan for the district as a whole.
Powers and Responsibilities
· According to the Constitution, Panchayats shall be given powers and authority to function as institutions of self-government. The following powers and responsibilities are to be delegated to Panchayats at the appropriate level
· Preparation of plan for economic development and social justice.
· Implementation of schemes for economic development and social justice in relation to 29 subjects given in Eleventh Schedule of the Constitution.
· To levy, collect and appropriate taxes, duties, tolls and fees.
Gram Sabha
· In the Panchayati Raj set up, the Gram Sabha, the general assembly of villagers, has a key role for effective functioning of Panchayats. In the Gram Sabha meeting, the rural poor, the women and the marginalized people would now get an opportunity to join in decision making on matters affecting their lives. Active functioning of the Gram Sabha would ensure a participatory democracy with transparency, accountability and achievement.
· Gram Sabha should meet least in each quarter preferably on Republic Day, Labour Day, Independence Day and Gandhi Jayanti.
· Decide developmental work to be undertaken by Panchayats based on needs assessment.
· Suggest remedial measures for economy and efficiency in the functioning of the Panchayats.
· Question and scrutinize the decisions of Panchayats in the meeting of Gram Sabha.
· Discuss the Annual Financial Statement of Gram Panchayats.
74TH AMENDMENT ACT OF 1992
Constitution of India. It is entitled as 'The Municipalities' and consists of provisions from Articles 243-P to 243-ZG. In addition, the act has also added a new Twelfth Schedule to the Constitution. It contains eighteen functional items of municipalities.
The act gave constitutional status to the municipalities. It has brought them under the purview of justiciable part of the Constitution. In other words, state governments are under constitutional obligation to adopt the new system of municipalities in accordance with the provisions of the act. The act aims at revitalising and strengthening the urban governments so that they function effectively as units of local government.
Salient Features
The salient features of the act are; Three Types of Municipalities The act provides for the constitution of the following three types of municipalities in every state.
I. A nagar pancbayat (by whatever name called) for a transitional area, that is, an area in transition from a rural area to an urban area.
2. A municipal council for a smaller urban area.
3. A municipal corporation for a larger urban area'.
Composition
All the members of a municipality shall be elected directly by the people of the municipal area. For this purpose, each municipal area shall be divided into territorial constituencies to be known as wards. The state legislature may provide the manner of election of the chairperson of a municipality.
It may also provide for the representation of the following persons in a municipality.
I. Persons having special knowledge or experience in municipal administration without the right to vote in the meetings of municipality.
2. The members of the Lok Sabha and the state legislative assembly representing constituencies that comprise wholly or partly the municipal area.
3. The members of the Rajya Sabha and the state legislative council registered as electors within the municipal area.
4. The chairpersons of committees (other than wards committees).
Wards Committees
There shall be constituted a wards committee, consisting of one or more wards, within the territorial area of a municipality having population of three lath or more. The state legislature may make provision with respect to the composition and the territorial area of a wards committee and the manner in which the seats in a wards committee shall be filled It may also make any provision for the constitution of commitees in addition to the wards committees.
Reservation of Seats
The act provides for the reservation of seats for the scheduled castes and the scheduled tribes in every municipality in proportion of their population to the total population in the municipal area. Further, it provides for the reservation of not less than one-third of the total number of seats for women (including the number of seats reserved for woman belonging to the SCs and the STs).
The state legislature may provide for the manner of reservation of offices of chairpersons in the municipalities for SCs, STs and women. It may also make any provision for the reservation of seats in any municipality or offices -of chairpersons in municipalities in favour of backward classes.
Duration of Municipalities
The act provides for a five-year term of office for every municipality. However, it can be dissolved before the completion of its term. Further, the fresh elections to constitute a municipality shall be completed
(a) before the expiry of its duration of five years; or
(b) in case of dissolution, before the expiry of a period of six months from the date of its dissolution.
Disqualifications
A person shall be disqualified for being chosen as or for being a member of a municipality if he is so disqualified (a) under any law for the time being in force for the purposes of elections to the legislature of the state concerned; or (b) under any law made by the state legislature. However, no person shall be disqualified on the ground that he is less than 25 years of age if he has attained the age of 21 years. Further, all questions of disqualifications shall be referred to such authority as the state legislature determines.
State Election Commission
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. The state legislature may make provision with respect to all matters relating to elections to the municipalities.
Powers and Functions
The state legislature may endow the municipalities with such powers and authority as may be necessary to enable them to function as institutions of self-government. Such a scheme may contain provisions for the devolution of powers and responsibilities upon municipalities at the appropriate level with respect to (a) the preparation of plans for economic development and social justice; (b) the implementation of schemes for economic development and social justice as may be entrusted to them, including those in relation to the eighteen matters listed in the Twelfth Schedule.
After the 73rd and 74th Amendments the Democratic base has widened enormously enabling Horizontal Planning and Implementation of Development Programmes.
73rd Amendment Act, 1992 The salient features of the Act are: -
· To provide 3-tier system of Panchayati Raj for all States having population of over 20 lakh.
· To hold Panchayat elections regularly every 5 years.
· To provide reservation of seats for Scheduled Castes, Scheduled Tribes and women (not less than 33%)
· To appoint State Finance Commission to make recommendations as regards the financial powers of the Panchayats.
· To constitute District Planning Committee to prepare draft development plan for the district as a whole.
Powers and Responsibilities
· According to the Constitution, Panchayats shall be given powers and authority to function as institutions of self-government. The following powers and responsibilities are to be delegated to Panchayats at the appropriate level
· Preparation of plan for economic development and social justice.
· Implementation of schemes for economic development and social justice in relation to 29 subjects given in Eleventh Schedule of the Constitution.
· To levy, collect and appropriate taxes, duties, tolls and fees.
Gram Sabha
· In the Panchayati Raj set up, the Gram Sabha, the general assembly of villagers, has a key role for effective functioning of Panchayats. In the Gram Sabha meeting, the rural poor, the women and the marginalized people would now get an opportunity to join in decision making on matters affecting their lives. Active functioning of the Gram Sabha would ensure a participatory democracy with transparency, accountability and achievement.
· Gram Sabha should meet least in each quarter preferably on Republic Day, Labour Day, Independence Day and Gandhi Jayanti.
· Decide developmental work to be undertaken by Panchayats based on needs assessment.
· Suggest remedial measures for economy and efficiency in the functioning of the Panchayats.
· Question and scrutinize the decisions of Panchayats in the meeting of Gram Sabha.
· Discuss the Annual Financial Statement of Gram Panchayats.
74TH AMENDMENT ACT OF 1992
Constitution of India. It is entitled as 'The Municipalities' and consists of provisions from Articles 243-P to 243-ZG. In addition, the act has also added a new Twelfth Schedule to the Constitution. It contains eighteen functional items of municipalities.
The act gave constitutional status to the municipalities. It has brought them under the purview of justiciable part of the Constitution. In other words, state governments are under constitutional obligation to adopt the new system of municipalities in accordance with the provisions of the act. The act aims at revitalising and strengthening the urban governments so that they function effectively as units of local government.
Salient Features
The salient features of the act are; Three Types of Municipalities The act provides for the constitution of the following three types of municipalities in every state.
I. A nagar pancbayat (by whatever name called) for a transitional area, that is, an area in transition from a rural area to an urban area.
2. A municipal council for a smaller urban area.
3. A municipal corporation for a larger urban area'.
Composition
All the members of a municipality shall be elected directly by the people of the municipal area. For this purpose, each municipal area shall be divided into territorial constituencies to be known as wards. The state legislature may provide the manner of election of the chairperson of a municipality.
It may also provide for the representation of the following persons in a municipality.
I. Persons having special knowledge or experience in municipal administration without the right to vote in the meetings of municipality.
2. The members of the Lok Sabha and the state legislative assembly representing constituencies that comprise wholly or partly the municipal area.
3. The members of the Rajya Sabha and the state legislative council registered as electors within the municipal area.
4. The chairpersons of committees (other than wards committees).
Wards Committees
There shall be constituted a wards committee, consisting of one or more wards, within the territorial area of a municipality having population of three lath or more. The state legislature may make provision with respect to the composition and the territorial area of a wards committee and the manner in which the seats in a wards committee shall be filled It may also make any provision for the constitution of commitees in addition to the wards committees.
Reservation of Seats
The act provides for the reservation of seats for the scheduled castes and the scheduled tribes in every municipality in proportion of their population to the total population in the municipal area. Further, it provides for the reservation of not less than one-third of the total number of seats for women (including the number of seats reserved for woman belonging to the SCs and the STs).
The state legislature may provide for the manner of reservation of offices of chairpersons in the municipalities for SCs, STs and women. It may also make any provision for the reservation of seats in any municipality or offices -of chairpersons in municipalities in favour of backward classes.
Duration of Municipalities
The act provides for a five-year term of office for every municipality. However, it can be dissolved before the completion of its term. Further, the fresh elections to constitute a municipality shall be completed
(a) before the expiry of its duration of five years; or
(b) in case of dissolution, before the expiry of a period of six months from the date of its dissolution.
Disqualifications
A person shall be disqualified for being chosen as or for being a member of a municipality if he is so disqualified (a) under any law for the time being in force for the purposes of elections to the legislature of the state concerned; or (b) under any law made by the state legislature. However, no person shall be disqualified on the ground that he is less than 25 years of age if he has attained the age of 21 years. Further, all questions of disqualifications shall be referred to such authority as the state legislature determines.
State Election Commission
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. The state legislature may make provision with respect to all matters relating to elections to the municipalities.
Powers and Functions
The state legislature may endow the municipalities with such powers and authority as may be necessary to enable them to function as institutions of self-government. Such a scheme may contain provisions for the devolution of powers and responsibilities upon municipalities at the appropriate level with respect to (a) the preparation of plans for economic development and social justice; (b) the implementation of schemes for economic development and social justice as may be entrusted to them, including those in relation to the eighteen matters listed in the Twelfth Schedule.