Implementation of 73rd and 74th amendment of the Constitution of India in the Schedule Areas and Tribal Areas Jharkhand
The 73rd Amendment to the Constitution of India was enacted in 1992 and came into effect on April 24, 1993. It was aimed at strengthening local self-government in rural areas by empowering Panchayats (village councils). Here are some of the key provisions of the 73rd Amendment:
1. Establishment of Panchayats: The amendment provides for the establishment of Panchayats at the village, intermediate, and district levels.
2. Direct Elections: It mandates that Panchayats must have elected representatives, and elections should be conducted regularly.
3. Reservation for Women and Scheduled Castes/Scheduled Tribes: One of the significant features of the 73rd Amendment is the reservation of seats for women (not less than one-third of the total seats) and for Scheduled Castes (SCs) and Scheduled Tribes (STs) in Panchayats.
4. Devolution of Powers: The amendment requires the states to devolve powers and responsibilities to Panchayats to enable them to function effectively in managing local affairs.
5. Gram Sabhas: It recognizes the Gram Sabha (village assembly) as a vital element in the functioning of the Panchayat system, where the residents of a village can participate directly in decision-making.
6. Five-Year Terms: Panchayat elections are to be held every five years.
7. State Election Commission: The amendment requires each state to have a State Election Commission responsible for conducting Panchayat elections.
The 73rd Amendment was a crucial step in decentralizing governance in India, enhancing local democracy, and promoting rural development.
The 74th Amendment of the Constitution of India, enacted in 1992, introduced significant reforms aimed at decentralizing governance in urban areas. It primarily deals with the creation of Municipalities in India and the devolution of powers and responsibilities to urban local bodies (ULBs).
Key features of the 74th Amendment include:
1. Institutionalization of Urban Local Bodies (ULBs): It recognizes and institutionalizes the concept of urban local governance, such as Municipalities and Municipal Corporations, providing them a constitutional status.
2. Structure of Municipalities: It specifies the composition of Municipalities, which may include Municipalities, Municipal Corporations, and Nagar Panchayats, based on the size and population of the urban area.
3. Powers and Responsibilities: The amendment empowers ULBs by listing the powers and responsibilities they should undertake, such as urban planning, regulation of land use, water supply, public health, sanitation, and other public amenities.
4. Elections and Representation: The amendment mandates the direct election of mayors and councilors, providing a system of democratic representation in urban governance.
5. Devolution of Funds: It mandates that state governments allocate funds to ULBs for effective governance and service delivery.
6. Finance Commission: The amendment calls for the establishment of a Finance Commission for ULBs to recommend the financial allocation between the Union, State, and local levels.
7. State Legislations: It enables states to enact laws for the formation, powers, and functions of urban local bodies, ensuring that they have proper legislative backing for their functioning.
The 74th Amendment was crucial in strengthening local self-governance in urban areas, aiming to bring decision-making closer to the people. However, the implementation and success of the reforms have varied across different states.