Question 2137
Consider the following statements regarding the 73rd Constitutional Amendment Act of 1992: 1. Elections to the Panchayats shall be conducted within 5 months of the dissolution of the Panchayat. 2. States like Assam, Bihar, Chhattisgarh have made provisions of 50% reservation for women in their State Panchayati Raj Acts. Which of the statements given above is/are correct?
Answer
2 only
Why?
The correct answer is 2 only. 73rd Constitutional Amendment Act of 1992 led to the addition of Part IX & 11th Schedule in the Constitution of India. Named as 'Panchayats'. Articles related: 243 to 243(O). Key Points Features of the Act: Panchayats are to be established at the village, block & district level. It empowers people to elect their representatives in Panchayats. It provides the State legislature making their own rule for the establishment of Panchayats & giving them powers. No Panchayats in states having a population of less than 2 million. A fixed 5-year term for all Panchayats. They can formulate their own development plans. Elections to the Panchayats to be held before the expiry of its term. In the case of dissolution, an Election must be conducted before the expiry period of 6 months from the date of dissolution. Hence, statement 1 is incorrect. Panchayats will have their own budget, power of taxation etc. Some seats will be reserved for Women, SCs & STs. At every five years, a State Finance Commission to be constituted to review the financial resources of Panchayats. Important Provisions: Art. 243 A: It provides for a Gram Sabha as the foundation of the Panchayati Raj Systems. It shall exercise such powers & carry out such functions as conferred by the State Legislature. Art. 243 D: It provides that seats shall be reserved for the Scheduled Castes and the Scheduled Tribes in proportion to their population. Reservation for Women : Not less than one-third of the total number of seats reserved for women (including the numbers of seats reserved for women belonging to the SCs & STs). Some states have given women reservation 50% in place of 1/3rd provisions of the Act. As of Sept. 2020, 20 States namely Andhra Pradesh, Assam, Bihar, Chhattisgarh , Gujarat, Himachal Pradesh, Jharkhand, Karnataka, Kerala, Madhya Pradesh, Maharashtra, Odisha, Punjab, Rajasthan, Sikkim, Tamil Nadu, Telangana, Tripura, Uttarakhand and West Bengal have made provisions of 50% reservation for women. Hence, statement 2 is correct. Art. 243 F: A person shall be disqualified for being a member of a Panchayat if he is so disqualified. Under any law for the time being in force for the purposes of elections to the Legislature of the State concerned. Under any law made by the Legislature of the State. Art. 243 H - I: A state may by law authorise a Panchayat to levy, collect and appropriate taxes, duties, tolls, fees etc. Additional Information 11th Schedule: It comprises 29 subjects for the Panchayats & deals with Article 243G.
