Amendment Related to Local Government

73rd and 74th Amendments

• In 1989, the central government introduced two constitutional amendments aimed at strengthening local governments and ensuring an element of uniformity in their structure
• Later in 1992, the 73rd and 74th Amendments were passed by the Parliament
• The 73rd Amendment is about rural local governments (which are also known as Panchayati Raj Institutions or PRIs) and the 74th amendment is about urban local governments (Nagarpalikas)
• Schedule 11 is added to the Constitution of India by the 73rd Amendment Act
• The Schedule contains 29 subjects which are placed within the purview of the Panchayats

73rd Amendment 

Three Tier Structure

• All States have a uniform three level Panchayati Raj structure
  • At the base is the ‘Gram Panchayat’ which covers a village or group of villages
  • The delegate level is the Mandal (likewise alluded to as Block or Taluka). These bodies are called Mandal or Taluka Panchayats. They need not be established in more modest States
  • At the zila is the Zila Panchayat covering the whole provincial space of the District
• It also made a provision for the mandatory creation of the Gram Sabha which would comprise all the adult members registered as voters in the Panchayat area

Elections

• Every one of the three degrees of Panchayati Raj establishments are chosen straight by individuals
• The term of every Panchayat body is five years

Reservations

• For women: One third of the positions in all panchayat institutions are reserved
• For SC and ST: Reservations are provided at all the three levels, in proportion to their population
• For OBCs: They can be provided if the States find it necessary
• Reservations apply not simply to common individuals in Panchayats yet additionally to the places of Chairpersons or Adhyakshas at every one of the three levels
• Reservation of 33% of the seats for ladies isn’t just in the overall class of seats yet additionally inside the seats saved for Scheduled Castes, Scheduled Tribes and in reverse ranks
• A seat might be held all the while for a lady applicant and one having a place with the Scheduled Castes or Scheduled Tribes. Along these lines, that would need to be a Dalit lady or an Adivasi lady

Transfer of Subjects

• 29 subjects, which were prior in the State rundown of subjects, are distinguished and recorded in the Eleventh Schedule of the Constitution. These subjects are to be moved to the Panchayati Raj establishments
• Actual transfer depends upon the State legislation: Each State decides how many of these twenty-nine subjects would be transferred to the local bodies
• Article 243G: Powers, authority and responsibilities of Panchayats-the Legislature of a State may, by law, endow the Panchayats with such powers and authority with respect to the matters listed in the Eleventh Schedule
• More powers to Gram Sabhas: The new Act ensures the privileges of these networks to deal with their assets in manners OK to them. The chosen town panchayats need to get the assent of the Gram Sabha in many regards

74th Amendment

Urban area

• The Census of India defines an urban area as having: 
• A minimum population of 5,000
• At least 75 percent of the male working population engaged in non-agricultural occupations
• A density of population of at least 400 persons per sq. km
• As per the 2011 Census, about 31% of India’s population lives in urban areas
• The State Election Commission and State Finance Commission were introduced in the 74th amendment
• The Constitution also mandated the transfer of a list of functions from the State government to the urban local bodies in the Twelfth Schedule of the Constitution

Implementation of 73rd and 74th Amendments:

• All States have now passed legislation to implement the provisions of the 73rd and 74th amendments

• Position of Women: 

• • Reservation for women at the Panchayats and Nagarpalikas has ensured the presence of a significant number of women in local bodies
  • They occupy the positions of Sarpanch and Adhyaksha
• Position of OBCs: Most States have also made a provision to reserve seats for Backward Castes
  Position of SC and ST:
  • Reservation for SC & ST to be in proportion with their population
  • There are about 6.6 lakh elected members in the urban and local bodies

Additional Information

State Election Commissioners

• The State government is needed to choose a State Election Commissioner who is responsible for elections to the Panchayati Raj institutions
• Autonomous office: The State Election Commissioner is an independent officer and is not linked to nor is this officer under the control of the Election Commission of India

State Finance Commission

• The State government is required to name a State Finance Commission once in five years
• It would inspect the monetary position of the nearby legislatures in the State
• It would also review the distribution of revenues between the State and local governments on the one hand and between rural and urban local governments on the other

Conclusion

The local governments are vital agencies to implement the welfare and development schemes of the central and State government. Giving more power to local governments means real decentralization of power.  People in the villages and urban localities must have the power to decide what policies and programmes they want to adopt, and the local governments are an important step in the direction of democratization. Today there are more than 600 Zilla Panchayats, about 6,000 block or intermediary Panchayats, and 2,40,000 Gram Panchayats in rural India and over 100 city Corporations, 1400 town Municipalities and over 2000 Nagar Panchayats in urban India. There are almost 200 women Adhyakshas in Zilla Panchayats, another 2000 ladies who are Presidents of the square or taluka panchayats and in excess of 80,000 ladies Sarpanchas in Gram Panchayats.