INDIAN POLITY · FOUNDATION SERIES

Panchayati Raj and Local Government — 73rd and 74th Amendments

How village and city governments became constitutional bodies, the three-tier structure, reservation of seats, and what the two amendments actually changed.

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PART

Government closest to the people

India has three levels of government — the Union, the states, and below them, local bodies in every village and city.

The third level took the longest to arrive. Article 40, a Directive Principle, asked the state to organise village panchayats as units of self-government. But a Directive Principle cannot be enforced, so for forty years panchayats existed only where state governments chose to have them — and were dissolved whenever a state government found them inconvenient.

That changed in 1992. Two amendments gave local government a place in the Constitution itself.

73rd Amendment
Rural local government

Added Part IX and the Eleventh Schedule. Created the panchayat system as a constitutional requirement in every state.

74th Amendment
Urban local government

Added Part IX-A and the Twelfth Schedule. Did the same for municipalities in towns and cities.

WHAT THE AMENDMENTS ACTUALLY CHANGED

Before 1992 a state could abolish its panchayats, or simply not hold elections for years. After 1992 panchayats and municipalities are constitutional bodies. Elections must be held every five years, and if a body is dissolved early, fresh elections must happen within six months.

QUICK FACT

Both amendments came into force in 1993 — the 73rd on 24 April and the 74th on 1 June. National Panchayati Raj Day is observed on 24 April each year.

PART

Where the idea came from

Panchayati raj was not invented in 1992. Three committees shaped it over four decades.

CommitteeYearWhat it recommended
Balwant Rai Mehta Committee1957Recommended a three-tier structure — village, block and district. This is where panchayati raj began
Ashok Mehta Committee1977Recommended a two-tier structure instead — district and below. Not adopted
L.M. Singhvi Committee1986Recommended constitutional status for panchayats — the recommendation the 73rd Amendment finally implemented
QUICK FACT

Rajasthan was the first state to establish panchayati raj, at Nagaur on 2 October 1959, inaugurated by Jawaharlal Nehru. Andhra Pradesh followed the same year.

PART

The three-tier structure

Article 243B requires a three-tier system in every state — except states with a population below 20 lakh, which may skip the middle tier.

TierLevelCommon name
VillageGram PanchayatThe base tier, in every village or group of villages
IntermediatePanchayat SamitiAt the block level; optional for states under 20 lakh population
DistrictZila ParishadThe apex tier for the whole district
KEY TERM
Gram Sabha

The Gram Sabha is not the panchayat. It is the body of all registered voters in a village — every adult on the electoral roll. The Gram Panchayat is the elected council. The Sabha is the electorate; the Panchayat is the government. Article 243A leaves it to the state legislature to decide what powers the Gram Sabha holds.

CHECK YOURSELF

What is the difference between a Gram Sabha and a Gram Panchayat?

The Gram Sabha is the assembly of all registered voters in the village. The Gram Panchayat is the elected body that governs it. Every voter belongs to the Sabha; only elected members sit on the Panchayat.

PART

Elections and reservation

All three tiers are directly elected by the people for a five-year term. The chairperson of the village panchayat is elected as the state legislature decides; chairpersons of the higher tiers are elected from among the elected members.

Provision
Term5 years; if dissolved early, elections within 6 months
Minimum age21 years to contest
SC and ST seatsReserved in proportion to their population in that area
Women's seatsNot less than one-third of all seats, including chairperson posts
Backward classesReservation is left to the state legislature — the Constitution does not require it
Who conducts electionsThe State Election Commission, under Article 243K
ONE-THIRD IS A FLOOR, NOT A CEILING

The Constitution requires at least one-third of seats for women. Many states have gone further and reserved 50 per cent — Bihar was the first to do so in 2006, and more than half the states have since followed.

QUICK FACT

The State Election Commission is a separate body from the Election Commission of India. The SEC conducts panchayat and municipal elections; the ECI conducts Parliament and state assembly elections. The State Election Commissioner is appointed by the Governor and can be removed only in the same manner as a High Court judge.

PART

Urban local government

The 74th Amendment created Part IX-A for towns and cities, with three kinds of body depending on the size and character of the area.

BodyWhere it applies
Nagar PanchayatAn area in transition from rural to urban
Municipal CouncilA smaller urban area — a town
Municipal CorporationA larger urban area — a city

The same rules apply as in the panchayats — five-year terms, elections within six months of dissolution, reservation for SC, ST and women, and elections conducted by the State Election Commission.

QUICK FACT

The 74th Amendment also created two planning bodies. A District Planning Committee under Article 243ZD consolidates plans from panchayats and municipalities in a district, and a Metropolitan Planning Committee under Article 243ZE does the same for areas with a population above ten lakh.

PART

The two Schedules

Each amendment added a Schedule listing the subjects that may be transferred to local bodies.

ScheduleAdded byContains
Eleventh Schedule73rd Amendment29 subjects for panchayats — agriculture, irrigation, rural housing, drinking water, roads, education, health, poverty alleviation
Twelfth Schedule74th Amendment18 subjects for municipalities — urban planning, water supply, sanitation, fire services, slum improvement, urban poverty
THE WORD THAT LIMITS EVERYTHING

The Constitution says the state legislature may endow local bodies with powers over these subjects. It does not say shall. So the Eleventh and Twelfth Schedules are lists of what can be devolved, not what must be. How much real power a panchayat holds still depends on its state government.

REMEMBER

Eleven before Twelve, village before city. The 11th Schedule has 29 subjects for panchayats; the 12th Schedule has 18 subjects for municipalities.

PART

Finance

Local bodies need money, and the amendments created a mechanism for it.

Article 243I requires the Governor to appoint a State Finance Commission every five years to review the financial position of panchayats and recommend how state revenue should be shared with them. Article 243Y extends this to municipalities.

QUICK FACT

The Central Finance Commission under Article 280 must also recommend measures to augment the state's Consolidated Fund to supplement the resources of panchayats and municipalities — a duty added by the 73rd and 74th Amendments.

PART

Important articles

Part IX and Part IX-A of the Constitution.

ArticleWhat it provides
Article 40Directive Principle — the state shall organise village panchayats
Article 243AGram Sabha and its powers
Article 243BThree-tier structure of panchayats
Article 243DReservation of seats for SC, ST and women
Article 243EFive-year term of panchayats
Article 243IState Finance Commission for panchayats
Article 243KState Election Commission
Article 243QThree types of municipality
Article 243ZDDistrict Planning Committee
Article 243ZEMetropolitan Planning Committee
QUICK FACT

Article 243 onward forms Part IX. The letter G is skipped in some lists because Part IX-A (municipalities) uses articles numbered 243P to 243ZG — the Constitution ran out of plain numbers and switched to letters.

PART

Everything on one look

The two amendments, the three tiers, reservation rules and the two Schedules.

THE NUMBERS
  • 73rd Amendment created Part IX for panchayats
  • 74th Amendment created Part IX-A for municipalities
  • The Eleventh Schedule lists 29 subjects
  • The Twelfth Schedule lists 18 subjects
  • Local bodies serve a 5-year term
  • Fresh elections within 6 months of early dissolution
  • One-third of seats are reserved for women, at minimum
  • Minimum age to contest is 21 years
  • States below 20 lakh population may skip the middle tier
THE COMMITTEES
  • Balwant Rai Mehta (1957) — recommended the three-tier structure
  • Ashok Mehta (1977) — recommended two tiers, not adopted
  • L.M. Singhvi (1986) — recommended constitutional status
  • Rajasthan was the first state, at Nagaur on 2 October 1959
  • Both amendments came into force in 1993
  • National Panchayati Raj Day is 24 April
COMMON TRAPS
  • Article 40 is a Directive Principle, not the source of panchayat powers — Part IX is
  • The Balwant Rai Mehta Committee recommended three tiers; Ashok Mehta recommended two
  • The Eleventh Schedule has 29 subjects, the Twelfth has 18 — the numbers are commonly swapped
  • Rajasthan, not Andhra Pradesh, was the first state to establish panchayati raj
  • The Gram Sabha is the body of voters; the Gram Panchayat is the elected council
  • One-third women's reservation is a minimum, and many states have raised it to half
  • Reservation for backward classes is optional and left to each state legislature
  • The State Election Commission is separate from the Election Commission of India
  • The state legislature may, not shall, devolve the Schedule subjects to local bodies
  • States below 20 lakh population may skip the intermediate tier
QUICK BYTES
  • The 73rd Amendment, 1992 added Part IX and gave panchayats constitutional status
  • The 74th Amendment, 1992 added Part IX-A for urban local bodies
  • Both amendments came into force in 1993
  • National Panchayati Raj Day is observed on 24 April
  • Article 40 is the Directive Principle that first asked states to organise village panchayats
  • The Balwant Rai Mehta Committee (1957) recommended the three-tier panchayat structure
  • The Ashok Mehta Committee (1977) recommended a two-tier structure, which was not adopted
  • The L.M. Singhvi Committee (1986) recommended constitutional status for panchayats
  • Rajasthan was the first state to establish panchayati raj, at Nagaur on 2 October 1959
  • Article 243B requires a three-tier structure of village, intermediate and district panchayats
  • States with a population below 20 lakh may skip the intermediate tier
  • The Gram Sabha consists of all registered voters in a village
  • Panchayats and municipalities serve a five-year term
  • If dissolved early, fresh elections must be held within six months
  • At least one-third of all seats are reserved for women, and many states reserve half
  • SC and ST seats are reserved in proportion to their population in that area
  • Reservation for backward classes is left to each state legislature
  • The minimum age to contest a local body election is 21 years
  • The State Election Commission conducts local elections, not the Election Commission of India
  • The Eleventh Schedule lists 29 subjects that may be devolved to panchayats
  • The Twelfth Schedule lists 18 subjects that may be devolved to municipalities
  • A Nagar Panchayat governs an area in transition from rural to urban
  • A Municipal Council governs a town and a Municipal Corporation governs a city
  • Article 243I requires a State Finance Commission every five years

Frequently Asked Questions

What did the 73rd and 74th Amendments do?

The 73rd Amendment of 1992 added Part IX and the Eleventh Schedule, giving panchayats constitutional status. The 74th added Part IX-A and the Twelfth Schedule for urban local bodies. Before them a state could abolish its panchayats or simply not hold elections. After them local bodies are constitutional, elections must be held every five years, and a dissolved body must be reconstituted within six months.

What is the difference between a Gram Sabha and a Gram Panchayat?

The Gram Sabha is the body of all registered voters in a village, meaning every adult on the electoral roll. The Gram Panchayat is the elected council that governs the village. The Sabha is the electorate and the Panchayat is the government.

How many subjects are in the Eleventh and Twelfth Schedules?

The Eleventh Schedule lists 29 subjects that may be devolved to panchayats, and the Twelfth Schedule lists 18 subjects for municipalities. Note that the Constitution says a state legislature may devolve these subjects, not that it must.

Which state was the first to establish Panchayati Raj?

Rajasthan, at Nagaur on 2 October 1959, inaugurated by Jawaharlal Nehru. Andhra Pradesh followed the same year. This was well before the 73rd Amendment, which only made panchayats constitutionally mandatory.

How much reservation is there for women in panchayats?

Not less than one-third of all seats, including chairperson positions. This is a minimum rather than a fixed figure, and many states have raised it to fifty per cent. Bihar was the first to do so in 2006.

Which committee recommended the three-tier panchayat system?

The Balwant Rai Mehta Committee in 1957, which proposed village, block and district tiers. The Ashok Mehta Committee in 1977 recommended a two-tier structure instead, which was not adopted, and the L.M. Singhvi Committee in 1986 recommended constitutional status.

Who conducts panchayat elections in India?

The State Election Commission, established under Article 243K. It is a separate body from the Election Commission of India, which conducts elections to Parliament and state legislatures. The State Election Commissioner is appointed by the Governor and can be removed only in the manner of a High Court judge.

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