Act of panchayat raj with rural development on 73rd constitutional. explain it and amendment.
Introduction The state legislature is a part of the machinery of government as provided by the Constitution of India. Its task is to write the laws of the state, to make sure that the machinery of governance runs in accordance with democracy and the rule of law. The Constitution describes how the goRead more
Introduction
The state legislature is a part of the machinery of government as provided by the Constitution of India. Its task is to write the laws of the state, to make sure that the machinery of governance runs in accordance with democracy and the rule of law. The Constitution describes how the government is intended to work in India by describing how state legislatures are constructed and what their powers are. This article will dissect these provisions in the Constitution to help contextualize how state legislatures are structured and the parameters of the arrangement.
Organization and Composition
Article 168 of the Constitution lays down how state legislatures will be structured. It allows for a bicameral (two chambers) system or unicameral (one chamber) system, depending on the each states discretion. With the exception of Andhra Pradesh, Bihar, Jammu and Kashmir, Karnataka, Maharashtra, Telangana and Uttar Pradesh, all states in India have unicameral legislatures.
Unicameral Legislature — one house, the Legislative Assembly
2 Houses — Program: Bicameral Legislature — Legislative Assembly and Legislative Council.
Article 171 Eligibility for the membership of State legislature Candidate must be an Indian national and over 25 for the Legislative Assembly or over 30 for the Legislative Council. They also have to meet other qualifications set by the state, and they cannot hold a paid governmental position.
Duration
As per Article 172, the state legislature has a five-year term, which means that the Legislative Assembly generally runs for this period, unless it is dissolved before that. This can be extended by one year at a time, if the state are under the President’s Rule, as per Article 356, but only up to a total of three years. In contrast, the Legislative Council is a permanent body and does not dissolve. Instead, every other year, one-third of its membership retires and elections are held to replace them.
Officers
As there are rules for many legislative meetings, the state legislature’s officers are important. In the Legislative Assembly, these are the Speaker and Deputy Speaker. In the Legislative Council they are the president and vice president.
Speaker and Deputy Speaker: Contributors of Legislative assembly go with a Speaker and a Deputy Speaker by means of the provisions of Article 178. The Speaker presides over assembly meetings and the Deputy Speaker assists him and acts on his behalf when the Speaker is not able to act.
Chairman and Deputy Chairman: Article 179 members of the Legislative Council elect a chairman and a Deputy Chairman. Chairman: Presides over Council conferences; the Deputy Chairman assists and fills in if the Chairman is unavailable.
Privileges and Powers
The state legislature has forms and oversight powers to keep an independent and honest legislative course. Article 194 of the Constitution gives these privileges and powers just like that of Parliament.
Entitlements: Members are entitled to certain protections to conduct their functions without fear. These include the right to speak freely during legislative meetings, protection from being sued for what they say there, and access to information and resources that they may need.
Powers: It can legislate on matters in the Seventh Schedule of the Constitution under the State List and the Concurrent List. Article 246 describes the subject matters over which the respective governments will legislate. The state parliament can also amend the state’s constitution, but to a lesser extent than the Union Parliament.
Addition of Provisions for Officers of the State Legislature
Removal of Officers: The procedure for removal of Speaker, Deputy Speaker, Chairman and Deputy Chairman is provided in Articles 178 and 179. They may be expelled by a majority vote of house members, with at least one-tenth of members qualifying in favor of the resolution.
Salaries and Allowances: Article 174 mentions the state legislature is responsible for determining the remuneration and allowances for the Speaker, Deputy Speaker, Chairman, and Deputy Chairman, all of which are financed from the state’s Consolidated Fund.
State Legislature: The Powers of the State Legislature
The state legislature has all necessary powers for governing the state, per the Constitution:
Law-Making Powers: The state legislature can make laws on subjects in the State List and Concurrent List under Articles 246 and 248 of the Constitution, except for subjects allocated to the Union Parliament.
Financial Powers: Articles 202 and 203 define financial powers of the state legislature, including approving the state budget, deciding on taxes and permitting government spending.
Executive Oversight: State legislature manages executive branch by approving budget, questioning ministers and passing vote of no confidence which can lead to government stepping down.
Constitutional Amendments: According to Article 368, the state legislature can amend the state constitution by following prescribed procedures in consonance with the Constitution.
Conclusion
The state legislature is an important institution that handles the work of the state in India. It has a well-defined method by which it will work, including its structure, composition, tenure, officers, privileges and powers, and this is how it gets its name, the Constitution. These provisions are useful to know for anyone interested in learning how laws are made and how states are, in turn, governed, in India.
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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.
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