73rd Constitutional Amendment Act of 1992

There have been more than a hundred amendments that have been introduced to the Indian Constitution after its enactment. The provision of introducing amendments to the Constitution which though difficult is not challenging as other constitutions is a unique feature of the Indian Constitution. The 73rd constitution is an especially important amendment that was introduced to the constitution based on recognising the need for separate local self-governing bodies. The 73rd amendment had provided the constitutional basis for the operation of the local self-governing bodies to ease the process of administration and facilitate political awareness and participation at the grass-root levels. 

73rd Amendment Act

It was in 1992 that the 73rd amendment was passed. The amendment act has two parts. These parts have been introduced to recognise the fact that panchayat systems have been in operation for a long time but were not accorded the same amount of dignity and responsibility as their elite bureaucratic counterparts. The amendment act intended to constitutionally strengthen these institutions and make them a part of the administrative process by allowing them certain autonomy while still working under the supervision of state and central governments. The Act has two parts which are Part IX and Eleventh Schedule. 

Parts

The 73rd Amendment Act has two parts which are Part IX with 16 Articles and Eleventh Schedule. Together these parts embody the vision of the amendment and its objectives. The Act has two parts and contains certain compulsory provisions and some voluntary provisions. According to Part IX, 

• The gram sabha was the foundational unit of the PRI
• The failure or success of the PRI (Panchayati Raj Institutions) depended on the strength of the gram sabha. 
• It is the only permanent institution
• It should be actively involved with political practices
• Mukhiyas the elected head of the Gram Sabha is elected for 5 years

According to the Eleventh Schedule of the 73rd Amendment Act, all levels of the PRIs were given administrative control over their area along with the power of taxing their people. The creation and implementation of any developmental plans had to be vetted through the Gram Sabha. 

Compulsory Provisions

These provisions are mandatory and have to be ensured at every level of the Panchayat System. According to the 73rd Amendment Act, the compulsory provisions of the Act are:

• Three-tier system
• Reservation of SC/ST/OBCs
• Direct elections
• 21 years is the minimum age qualification for election to PRIs
• Indirect election of intermediate as well as district level for chairman
• Tenure of 5 years
• SFC (State Finance Commission) to be appointed every 5 years for review
• SEC (State Election Commission) to be appointed for elections of PRIs

Voluntary Provisions

These provisions are not mandatory but voluntary and should be upheld to respect the spirit of the constitution. The voluntary provisions under the 73rd Amendment Act are:

• Allocation of MP and MLA at different levels
• Power and autonomy for PRIs
• Financial power
• Selecting the method of election for the Chairman
• Parliamentary members represented in the PRIs
• Making grants
• Providing funds

Conclusion

The amendment after hearing and evaluating the recommendations made by the Balwant Rai Mehta committee as well as the Ashok Mehta Committee decided to strengthen the gram panchayat or the gram sabha as the fundamental unit of the Panchayati system. Part IX has 16 Articles that lays down the roles of the three-tier Panchayati system, and the duties and responsibilities of each of these institutions at the village, block, and district levels.