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Compulsory And Voluntary Provisions Of The PRI Act

The 73rd Amendment Act has two parts which are Part IX with 16 Articles and Eleventh Schedule. Together these parts embody the....

The 73rd Amendment Act has two parts which are Part IX with 16 Articles and Eleventh Schedule. Together these parts embody the vision of the amendment and its objectives. The Act has two parts and contains certain compulsory provisions and some voluntary provisions. According to Part IX:

  • The gram sabha was the foundational unit of the PRI
  • The failure or success of the PRI (Panchayati Raj Institutions) depended on the strength of the gram sabha.
  • It is the only permanent institution
  • It should be actively involved with political practices
  • Mukhiyas the elected head of the Gram Sabha is elected for 5 years
  • According to the Eleventh Schedule of the 73rd Amendment Act, all levels of the PRIs were given administrative control over their area along with the power of taxing their people. The Gram Sabha had to vet the creation and implementation of any developmental plans.

Compulsory Provisions

  • Organization of Gram Sabha in villages
  • Panchayat is an establishment at three levels, i.e. Village, Intermediate, and District level.
  • Direct election to all the seats of the Panchayats.
  • Indirect election to the post of Chairman at the intermediate and district level.
  • Voting rights of the chairperson and other members of a panchayat elected directly or indirectly.
  • The minimum age to contest a Panchayat election is 21 years.
  • Reservation of seats for SC-ST(according to population) and women(1/3rd)
  • The Panchayats’ tenure is set for five years.
  • Establishment of State Finance Commission after every five years to review the financial position of Panchayats.
  • Reservation of seats for SC & ST (according to population) and women (1/3rd seats) at all three levels.
  • The Panchayats’ tenure is fixed at five years, and if any panchayat is superseded, fresh elections will occur within six months.
  • Establishment of a State Election Commission for conducting elections to the panchayats.

Voluntary Provisions

  • Allocating representation to MPs and MLAs in Panchayats at different levels within their constituency
  • To provide reservation of seats for backward classes in Panchayats at all levels.
  • To grant power and authority to Panchayats so that they can function as institutions of self-governance.
  • Granting financial power to Panchayats and authorizing them to levy, collect, and appropriate taxes, duties etc.
  • Giving the Gram Sabha village-level powers and functions.
  • Choosing the method for electing the village panchayat’s chairperson.
  • Giving representation to the chairpersons of village panchayats in intermediate panchayats or, in the absence of intermediate panchayats in a state, in district panchayats.
  • Representing the chairpersons of intermediate panchayats in district panchayats.
  • Members of the Parliament (both Houses) and the state legislature (both Houses) are represented in panchayats at various levels that fall within their constituencies.
  • Reservation of seats (both members and chairpersons) in panchayats at any level for backward classes.
  • Granting panchayats powers and authority to enable them to function as self-governing institutions (in brief, making them autonomous bodies).
  • Devolution of powers and responsibilities to panchayats to prepare plans for economic development and social justice, as well as to perform some or all of the 29 functions listed in the Constitution‘s Eleventh Schedule.
  • Granting panchayats financial powers, that is, allowing them to levy, collect, and appropriate taxes, duties, tolls, and fees.
  • Taxes, duties, tolls, and fees levied and collects by the state government are assigned to a panchayat.
  • Making grants-in-aid to panchayats from the state’s consolidated fund.
  • Providing for the establishment of funds for crediting all panchayat funds.

Conclusion

The amendment after hearing and evaluating the recommendations made by the Balwant Rai Mehta committee as well as the Ashok Mehta Committee decided to strengthen the gram panchayat or the gram sabha as the fundamental unit of the Panchayati system. Part IX has 16 Articles that lays down the roles of the three-tier Panchayati system, and the duties and responsibilities of each of these institutions at the village, block, and district levels.

Provisions Of PRI Act, Provisions Of PRI Act

Read Also: Constitutionalisation Of PRI

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