Highlight the salient features of the Constitution (Seventy Third Amendment) Act, 1992.

Introduction

The Constitution (Seventy-Third Amendment) Act, 1992, represents a significant milestone in the history of Indian constitutional amendments. Enacted to strengthen and institutionalize local self-governance in rural areas, this amendment brought about transformative changes in the landscape of decentralization. The salient features of this constitutional amendment are instrumental in understanding the evolution of local governance and empowering grassroots democracy in India.

1. Introduction of Part IX:**

The Seventy-Third Amendment Act introduced a new part to the Constitution, known as Part IX, which specifically deals with Panchayats. This marked a substantial addition to the constitutional framework, emphasizing the importance of decentralized governance in the country.

2. Three-Tier System of Panchayati Raj:**

One of the pivotal features of the amendment is the establishment of a three-tier system of Panchayati Raj institutions at the village, intermediate, and district levels. This hierarchical structure aimed at ensuring effective governance and representation at different administrative units, facilitating local decision-making and development planning.

3. Mandatory Constitution of Panchayats:**

The amendment made it mandatory for states to constitute Panchayats at all three levels and to hold regular elections to ensure their continuity. This provision underscores the commitment to sustaining democratic local governance, preventing lapses or administrative voids in the Panchayati Raj system.

4. Reservation for Scheduled Castes and Scheduled Tribes:**

In a significant move towards social justice, the amendment mandated the reservation of seats for Scheduled Castes (SCs) and Scheduled Tribes (STs) in Panchayats in proportion to their population in the Panchayat area. This proactive measure aimed to address historical socio-economic disparities and ensure inclusive participation in local governance.

5. Reservation of Seats for Women:**

Another noteworthy feature of the Seventy-Third Amendment is the reservation of seats for women in Panchayats. The amendment mandated a reservation of one-third of the total seats for women, both in general and reserved categories, ensuring gender representation and fostering women's participation in grassroots governance.

6. Direct Elections and Indirect Elections:**

The amendment provided for both direct and indirect elections in Panchayats. While members at the village level are elected directly by the people, members at the intermediate and district levels may be elected by the members of the Panchayats at the immediately lower level. This dual mechanism aims to balance local representation and hierarchical governance.

7. Duration and Dissolution of Panchayats:**

The Seventy-Third Amendment prescribed a five-year term for Panchayats, aligning their tenure with that of state legislative assemblies. It also outlined the circumstances under which Panchayats could be dissolved, ensuring provisions for reconstitution and continuity in governance.

8. Devolution of Powers and Responsibilities:**

A key feature of the amendment is the devolution of powers and responsibilities to Panchayats to enable them to function as institutions of self-government. This includes planning for economic development and social justice, implementing schemes for economic development and social justice, and managing resources for these purposes.

9. Finance Commission for Panchayats:**

To address financial autonomy and resource mobilization, the amendment recommended the establishment of a Finance Commission for every state to review the financial position of the Panchayats. This initiative aimed to ensure adequate funds for local governance, reducing dependency on higher levels of government.

10. State Election Commission for Panchayats:**

The amendment mandated the establishment of a State Election Commission to conduct elections to Panchayats, ensuring free and fair democratic processes. This provision aimed at depoliticizing local elections and instilling public confidence in the electoral system.

11. Non-Interference by State Governments:**

To preserve the autonomy of Panchayats, the Seventy-Third Amendment prohibited state governments from interfering in the functioning of Panchayats. This provision aimed to protect local governance from undue influence and ensure that Panchayats could exercise their powers independently.

12. Audit of Accounts of Panchayats:**

The amendment emphasized transparency and accountability by stipulating the audit of the accounts of Panchayats. This measure aimed to ensure financial discipline and scrutiny of expenditures, promoting responsible and efficient use of resources.

Conclusion

The Constitution (Seventy-Third Amendment) Act, 1992, stands as a landmark in Indian constitutional history, embodying the commitment to grassroots democracy and decentralized governance. The salient features of this amendment have not only transformed the Panchayati Raj system but have also paved the way for greater citizen participation, social justice, and inclusive development at the local level. By institutionalizing the principles of local self-governance, representation, and empowerment, the Seventy-Third Amendment has significantly contributed to the evolution of India's democratic framework, creating a more robust and participatory system of governance at the grassroots.