Act of panchayat raj with rural development on 73rd constitutional. explain it and amendment.
Answer: UPSC was created as the central recruiting agency and is an independent constitutional body constituted under Article 315 of the Indian Constitution. It has been visualized as the 'watch-dog of merit system' in India and in this regard, it has the following roles: It conducts examinations foRead more
Answer:
UPSC was created as the central recruiting agency and is an independent constitutional body constituted under Article 315 of the Indian Constitution. It has been visualized as the ‘watch-dog of merit system’ in India and in this regard, it has the following roles:
- It conducts examinations for appointments to the All-India Services, Central services and public services of the centrally administered territories.
- It renders advice on service matters and is consulted by the government in deciding disciplinary matters.
- It assists the states (if requested by two or more states to do so) in framing and operating schemes of joint recruitment for any services for which candidates possessing special qualifications are required.
- The additional functions relating to the services of the Union can be conferred on UPSC by the Parliament. It can also place the personnel system of any authority, corporate body or public institution within the jurisdiction of the UPSC.
- It has the authority to appoint officers through interviews for lateral entry.
However, some experts argue that UPSC has certain limitations:
- Advisory body: The recommendations made by it are only of advisory nature and hence, not binding on the government. Further, the government can also make rules which regulate the scope of the advisory functions of the UPSC.
- Limited role: It is not concerned with the classification of services, pay and service conditions, cadre management, training, and so on. Further, it is neither consulted while appointing personnel to different posts or temporary jobs nor while making provisions for any kind of reservation. The President can also exclude posts, services, and matters from the purview of the UPSC.
- Overlap of function: The role of UPSC in disciplinary matters has been affected by the emergence of the Central Vigilance Commission because the government has come to consult the anti-corruption watchdog, as a specialized agency.
Considering the importance of UPSC, the Constitution has provided following the provisions for ensuring independent and impartial functioning of the organization:
- Security of Tenure: Article 316(2) provides that the member of a Public Service Commission shall hold the office for the term of six years from the date on which he has entered upon his office and in the case of Union Commission; the age is of sixty-five years.
- Tough removal process: Article 317 provides that the Chairman or any other member of the Public Service Commission can only be removed from his office by order of the President on the ground of misbehaviour after an enquiry done by Supreme court.
- Conditions of service: Article 318 of the Constitution provides that the conditions of service of a member of a Public Service Commission shall not be varied to his disadvantage after his appointment.
- Charged Expenditure: Article 322 provides that the salaries, allowances and pensions of the chairman and members of the UPSC are charged on the Consolidated Fund of India and not subject to vote of Parliament.
- Check on Re-appointments: Article 319 (a) provides that the Chairman is not eligible for further employment in Government of India or state. Further, a member of UPSC is eligible for appointment as the chairman of UPSC or a State Public Service Commission (SPSC), but not for any other employment in the Gol or a state.
- Memorandum on non-acceptance of recommendation: Article 323 provides that along with the report of the working of the Commission, a memorandum explaining the cause of non- acceptance of the Commission’s recommendations would also be laid down before the two Houses by the President.
The 73rd Amendment and Panchayati Raj: A Cornerstone in Rural Development Introduction The article discusses the 73rd Constitutional Amendment Act of 1992, also referred to as the Panchayat Raj Act, which was a significant legislation in India aimed at promoting local self-governance in rural areas.Read more
The 73rd Amendment and Panchayati Raj: A Cornerstone in Rural Development
Introduction
The article discusses the 73rd Constitutional Amendment Act of 1992, also referred to as the Panchayat Raj Act, which was a significant legislation in India aimed at promoting local self-governance in rural areas. This act acknowledges the importance of grassroots democracy and its fundamental role towards development and social justice through panchayats. The amendment sought to decentralize power and enhance grassroots participation by institutionalizing the system of Panchayat Raj.
Background and Context
Before the 73rd Amendment, Panchayati Raj institutions were regulated by state laws, which resulted in disparate laws and more or less autonomy for these bodies based on the respective state legislations. “Government of India felt the need to have a uniform framework for strengthening these institutions as partners in rural development.” It provided for three-tier system of rural local self government by way of 73rd amendment to constitution Zila parishad, Panchayat samiti and Gram panchayat.
Important Features of 73rd Amendment Act
Constitutional Recognition of Panchayats: Part IX of the Constitution of India, which contains the provisions regarding the Panchayat Raj institutions, was inserted in the Constitution of India by the 73rd Amendment Act. Articles 243 to 243-O are included in this part in which the constitutional and legal basis of the operation of panchayats is given.
Elections: The amendment makes provision for regular elections to the panchayats every five years. This keeps the panchayats responsible to the people and enforces an ongoing continuum of democratic engagement.
Reservations of Seats: One of the important provisions given by the act is that it reserves the seats for the Scheduled castes (SCs), Scheduled tribes (STs), and women. This promotes social inclusion to ensure marginalized communities have a voice at the local level. Women have been reserved at least one-third of the total number; as also, a certain number of seats have been reserved for SCs and STs in proportion to their numbers in the population.
Direct Election of Chair persons: The Act provide for direct election of chair persons of all levels of panchayat system. This will ensure that the leadership is elected by the people and answerable to them directly.
Devolution of powers and functions: The amendment requires the panchayats to devolve powers and functions. These include planning and implementing schemes for economic development and social justice in the fields of agriculture, education, health, watershed and water supply. According to the Constitution, the state governments must devolve certain functions to the panchayats as mentioned in the Eleventh Schedule.
Independent Finance Commission : It is to mandatorily constitute a State Finance Commission in each state to review the financial position of the panchayats and to recommend the panchayats the principle which are to be followed by the state when allocating the financial resources. It shall ensure that sufficient financial power is given to the panchayats to carry out their functions.
Superintendence, Direction, and Control: The State Election Commission shall direct the control the entire process of conducting elections to the panchayats. It also provides self-governance through the elected bodies at the village, intermediate and district levels and to ensure that the panchayats at each level are endowed with such powers and authority as may be necessary to enable them to function as units of self-government.
Impact on Rural Development
The 73rd Amendment Act, with its far reaching effects in Indian society is one of the landmark initiatives in rural development in India. Through empowering the Panchayat Raj institutions, it has:
Improved Local Involvement: The act has improved rural communities’ involvement in decision-making processes, rendering governance more inclusive and participatory. It has resulted in more diversity in interests and needs, as well as instilling the feeling of ownership and responsibility in the masses.
Social Inclusion: The reserved seats for the weaker sections of the society have facilitated social integration. Local governance now has considerable presence of women, SCs and STs which has integrated another dimension of empowerment and positive changes in social indicators.
Better Service Delivery: With the devolution of powers and functions, rural services and functions are being performed more efficiently and effectively. Panchayats have a better understanding of local requirements and can implement development schemes accordingly.
Nurtured Economic Development: It has enabled numerous economic development programs to be implemented at the grassroots level. Panchayats have also been instrumental in implementing rural electrification, road construction, and the promotion of small-scale industries in rural areas, thus leading to the overall economic development.
The direct elections of chairpersons through direct elections have strengthened the regularity of democracy in the works of democracy. This has enabled enhanced transparency and accountability which significantly diminishes the possibility for corruption and maladministration to take place.
Challenges and Limitations
While this has been beneficial, various challenges have confronted the implementation of the 73rd Amendment Act:
More Power To States: At times, states tend to retain central-axis power making it difficult to vest actual power with panchayats. It weakens the panchayat system, and hampers it from development.
Resource Deficiency: Most panchayats are under-resourced, both financially and in terms of human resources to properly carry out their functions. This is usually a consequence of underinvestment at the state government level, as well as a shortage of trained workers.
Bureaucratic Interference in Functioning Complex: Bureaucratic interference and unwillingness to grant panchayats the authority to function in an autonomous manner could stymie the institutions. And it was hardly a rugged promise, especially in areas with a resilient state bureaucracy.
Limited Awareness: The rural people have a limited awareness of their rights and responsibilities under the Panchayat Raj. This leads to low participation and ineffective mechanisms of review of panchayat activities.
Conclusion
The shallowness of India as a state brought on through the 73rd Constitutional Amendment Act, 1992, so, is one leap in the direction of decentralized governance via the tool of elected local bodies in village, block, district, and even out of the court places. It has enabled to introduce a more participatory and inclusive model of governance by affording constitutional standing to the Panchayat Raj institutions. Nonetheless the success of this Act will depend on the adequate enforcement of its provisions and the willingness of state governments to handover power and funds to the panchayats. There are challenges and shortcomings, but if those are countered, panchayats can become a true pillar of democracy and sustainable rural development.
See less