9Part IX (A:243-243O): The Panchayats
· Article 243 :
Definitions
243. In this
Part, unless the context otherwise requires,-
(a) "district" means a district in a State;
(b) "Gram Sabha" means a body consisting of persons registered in the
electoral rolls relating to a village comprised within the area of Panchayat at
the village level;
(c) "intermediate level" means a level between the village and
district levels specified by the Governor of a State by public notification to
be the intermediate level for the purposes of this Part;
(d) "Panchayat" means an institution (by whatever name called) of
self-government constituted under article 243B, for the rural areas;
(e) "Panchayat area" means the territorial area of a Panchayat;
(f) "population" means the population as ascertained at the last
preceding census of which the relevant figures have been published;
(g) "village" means a village specified by the Governor by public
notification to be a village for the purposes of this Part and includes a group
of villages so specified.
· Article 243A :
Gram Sabha
243A. A Gram
Sabha may exercise such powers and perform such functions at the village level
as the Legislature of a State may, by law, provide.
· Article 243B :
Constitution of Panchayats
243B. (1) There
shall be constituted in every State, Panchayats at the village, intermediate
and district levels in accordance with the provisions of this Part.
(2) Notwithstanding anything in clause (1), Panchayats at the intermediate
level may not be constituted in a State having a population not exceeding
twenty lakhs.
· Article 243C :
Composition of Panchayats
243C. (1)
Subject to the provisions of this Part, the Legislature of a State may, by law,
make provisions with respect to the composition of Panchayats:
Provided that the ratio between the population of the territorial area of a
Panchayat at any level and the number of seats in such Panchayat to be filled
by election hall, so far as practicable, be the same throughout the State.
(2) All the seats in a Panchayat shall be filled by persons chosen by direct
election from territorial constituencies in the Panchayat area and, for this
purpose, each Panchayat area shall be divided into territorial constituencies
in such manner that the ratio between the population of each constituency and
the number of seats allotted to it shall, so far as practicable, be the same
throughout the Panchayat area.
(3) The Legislature of a State may, by law, provide for the representation-
(a) of the Chairpersons of the Panchayats at the village level, in the
Panchayats at the intermediate level or, in the case of a State not having
Panchayats at the intermediate level, in the Panchayats at the district level;
(b) of the Chairpersons of the Panchayats at the intermediate level, in the
Panchayats at the district level;
(c) of the members of the House of the People and the members of the
Legislative Assembly of the State representing constituencies which comprise
wholly or partly a Panchayat area at a level other than the village level, in
such Panchayat;
(d) of the members of the Council of States and the members of the Legislative
Council of the State, where they are registered as electors within-
(i) a Panchayat area at the intermediate level, in Panchayat at the
intermediate level;
(ii) a Panchayat area at the district level, in Panchayat at the district
level.
(4) The Chairperson of a Panchayat and other members of a Panchayat whether or
not chosen by direct election from territorial constituencies in the Panchayat
area shall have the right to vote in the meetings of the Panchayats.
(5) The Chairperson of-
(a) a panchayat at the village level shall be elected in such manner as the
Legislature of a State may, by law, provide; and
(b) a Panchayat at the intermediate level or district level shall be elected
by, and from amongst, the elected members thereof.
· Article 243D :
Reservation of seats
243D. (1) Seats
shall be reserved for-
(a) the Scheduled Castes; and
(b) the Scheduled Tribes,
in every Panchayat and the number of seats so reserved shall bear, as nearly as
may be, the same proportion to the total number of seats to be filled by direct
election in that Panchayat as the population of the Scheduled Castes in that
Panchayat area or of the Scheduled Tribes in that Panchayat area bears to the
total population of that area and such seats may be allotted by rotation to
different constituencies in a Panchayat.
(2) Not less than one-third of the total number of seats reserved under clause
(1) shall be reserved for women belonging to the Scheduled Castes or, as the
case may be, the Scheduled Tribes.
(3) Not less than one-third (including the number of seats reserved for women
belonging to the Scheduled Castes and the Scheduled Tribes) of the total number
of seats to be filled by direct election in every Panchayat shall be reserved
for women and such seats may be allotted by rotation to different
constituencies in a Panchayat.
(4) The offices of the Chairpersons in the Panchayats at the village or any
other level shall be reserved for the Scheduled Castes, the Scheduled Tribes
and women in such manner as the Legislature of a State may, by law, provide:
Provided that the number of offices of Chairpersons reserved for the Scheduled
Castes and the Scheduled Tribes in the Panchayats at each level in any State
shall bear, as nearly as may be, the same proportion to the total number of
such offices in the Panchayats at each level as the population of the Scheduled
Castes in the State or of the Scheduled Tribes in the State bears to the total
population of the State:
Provided further that not less than one-third of the total number of offices of
Chairpersons in the Panchayats at each level shall be reserved for women:
Provided also that the number of offices reserved under this clause shall be
allotted by rotation to different Panchayats at each level.
(5) The reservation of seats under clauses (1) and (2) and the reservation of
offices of Chairpersons (other than the reservation for women) under clause (4)
shall cease to have effect on the expiration of the period specified in article
334.
(6) Nothing in this Part shall prevent the Legislature of a State from making
any provision for reservation of seats in any Panchayat or offices of
Chairpersons in the Panchayats at any level in favour of backward class of
citizens.
· Article 243E :
Duration of Panchayats, etc.
243E. (1) Every
Panchayat, unless sooner dissolved under any law for the time being in force,
shall continue for five years from the date ppointed for its first meeting and
no longer.
(2) No amendment of any law for the time being in force shall have the effect
of causing dissolution of a Panchayat at any level, which is functioning
immediately before such amendment, till the expiration of its duration
specified in clause (1).
(3) An election to constitute a Panchayat shall be completed-
(a) before the expiry of its duration specified in clause (1);
(b) before the expiration of a period of six months from the date of its
dissolution:
Provided that where the remainder of the period for which the dissolved
Panchayat would have continued is less than six months, it shall not be
necessary to hold any election under this clause for constituting the Panchayat
for such period.
(4) A Panchayat constituted upon the dissolution of a Panchayat before the
expiration of its duration shall continue only for the remainder of the period
for which the dissolved Panchayat would have continued under clause (1) had it
not been so dissolved.
· Article 243F :
Disqualifications for membership
243F. (1) A
person shall be disqualified for being chosen as, and for being, a member of a
Panchayat-
(a) if he is so disqualified by or under any law for the time being in force
for the purposes of elections to the Legislature of the State concerned:
Provided that no person shall be disqualified on the ground that he is less
than twenty-five years of age, if he has attained the age of twenty-one years;
(b) if he is so disqualified by or under any law made by the Legislature of the
State.
(2) If any question arises as to whether a member of a Panchayat has become
subject to any of the disqualifications mentioned in clause (1), the question
shall be referred for the decision of such authority and in such manner as the
Legislature of a State may, by law, provide.
· Article 243G :
Powers, authority and responsibilities of Panchayats
243G. Subject
to the provisions of this Constitution, the Legislature of a State may, by law,
endow the Panchayats with such powers and authority as may be necessary to
enable them to function as institutions of self-government and such law may
contain provisions for the devolution of powers and responsibilities upon
Panchayats at the appropriate level, subject to such conditions as may be
specified therein, with respect to-
(a) the preparation of plans for economic development and social justice;
(b) the implementation of schemes for economic development and social justice
as may be entrusted to them including those in relation to the matters listed
in the Eleventh Schedule.
· Article 243H :
Powers to impose taxes by, and Funds of, the Panchayats
243H. The
Legislature of a State may, by law,-
(a) authorise a Panchayat to levy, collect and appropriate such taxes, duties,
tolls and fees in accordance with such procedure and subject to such limits;
(b) assign to a Panchayat such taxes, duties, tolls and fees levied and
collected by the State Government for such purposes and subject to such
conditions and limits;
(c) provide for making such grants-in-aid to the Panchayats from the
Consolidated Fund of the State; and
(d) provide for constitution of such Funds for crediting all moneys received,
respectively, by or on behalf of the Panchayats and also for the withdrawal of
such moneys therefrom, as may be specified in the law.
· Article 243I :
Constitution of Finance Commission to review financial position
243-I. (1) The
Governor of a State shall, as soon as may be within one year from the
commencement of the Constitution (Seventy-third Amendment) Act, 1992, and
thereafter at the expiration of every fifth year, constitute a Finance
Commission to review the financial position of the Panchayats and to make
recommendations to the Governor as to-
(a) the principles which should govern-
(i) the distribution between the State and the Panchayats of the net proceeds
of the taxes, duties, tolls and fees leviable by the State, which may be
divided between them under this Part and the allocation between the Panchayats
at all levels of their respective shares of such proceeds;
(ii) the determination of the taxes, duties, tolls and fees which may be
assigned to, or appropriated by, the Panchayats;
(iii) the grants-in-aid to the Panchayats from the Consolidated Fund of the
State;
(b) the measures needed to improve the financial position of the Panchayats;
(c) any other matter referred to the Finance Commission by the Governor in the
interests of sound finance of the Panchayats.
(2) The Legislature of a State may, by law, provide for the composition of the
Commission, the qualifications which shall be requisite for appointment as
members thereof and the manner in which they shall be selected.
(3) The Commission shall determine their procedure and shall have such powers
in the performance of their functions as the Legislature of the State may, by
law, confer on them.
(4) The Governor shall cause every recommendation made by the Commission under
this article together with an explanatory memorandum as to the action taken
thereon to be laid before the Legislature of the State.
· Article 243J :
Audit of accounts of Pachayats
243J. The
Legislature of a State may, by law, make provisions with respect to the
maintenance of accounts by the Panchayats and the auditing of such accounts.
· Article 243K :
Elections to the Panchayats
243K. (1) The
superintendence, direction and control of the preparation of electoral rolls
for, and the conduct of, all elections to the Panchayats shall be vested in a
State Election Commission consisting of a State Election Commissioner to be
appointed by the Governor.
(2) Subject to the provisions of any law made by the Legislature of a State,
the conditions of service and tenure of office of the State Election
Commissioner shall be such as the Governor may by rule determine:
Provided that the State Election Commissioner shall not be removed from his
office except in like manner and on the like grounds as a Judge of a High Court
and the conditions of service of the State Election Commissioner shall not be
varied to his disadvantage after his appointment.
(3) The Governor of a State shall, when so requested by the State Election
Commission, make available to the State Election Commission such staff as may
be necessary for the discharge of the functions conferred on the State Election
Commission by clause (1).
(4) Subject to the provisions of this Constitution, the Legislature of a State
may, by law, make provision with respect to all matters relating to, or in
connection with, elections to the Panchayats.
· Article 243L :
Application to Union territories
243L. The
provisions of this Part shall apply to the Union territories and shall, in
their application to a Union territory, have effect as if the references to the
Governor of a State were references to the Administrator of the Union territory
appointed under article 239 and references to the Legislature or the
Legislative Assembly of a State were references, in relation to a Union
territory having a Legislative Assembly, to that Legislative Assembly:
Provided that the President may, by public notification, direct that the provisions
of this Part shall apply to any Union territory or part thereof subject to such
exceptions and modifications as he may specify in the notification.
· Article 243M :
Part not to apply to certain areas
243M. (1)
Nothing in this Part shall apply to the Scheduled Areas referred to in clause
(1), and the tribal areas referred to in clause (2), of article 244.
(2) Nothing in this Part shall apply to-
(a) the States of Nagaland, Meghalaya and Mizoram;
(b) the hill areas in the State of Manipur for which District Councils exist
under any law for the time being in force.
(3) Nothing in this Part-
(a) relating to Panchayats at the district level shall apply to the hill areas
of the District of Darjeeling in the State of West Bengal for which Darjeeling Gorkha
Hill Council exists under any law for the time being in force;
(b) shall be construed to affect the functions and powers of the Darjeeling
Gorkha Hill Council constituted under such law.
[(3A) Nothing in article 243D, relating to reservation of seats for the
Scheduled Castes, shall apply to the State of Arunachal Pradesh.]*
(4) Notwithstanding anything in this Constitution,-
(a) the Legislature of a State referred to in sub-clause (a) of clause (2) may,
by law, extend this part to that State, except the areas, if any, referred to
in clause (1), if the Legislative Assembly of that State passes a resolution to
that effect by a majority of the total membership of that House and by a
majority of not less than two-thirds of the members of that House present and
voting;
(b) Parliament may, by law, extend the provisions of this Part to the Scheduled
Areas and the tribal areas referred to in clause (1) subject o such exceptions
and modifications as may be specified in such law, and no such law shall be deemed
to be an amendment of this Constitution for the purposes of article 368.
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* Ins. by the Constitution (Eighty-third Amendment) Act, 2000, s. 2
· Article 243N :
Continuance of existing laws and Panchayats
243N.
Notwithstanding anything in this Part, any provision of any law relating to
Panchayats in force in a State immediately before the commencement of the
Constitution (Seventy-third Amendment) Act, 1992, which is inconsistent with
the provisions of this Part, shall continue to be in force until amended or
repealed by a competent Legislature or other competent authority or until the
expiration of one year from such commencement, whichever is earlier:
Provided that all the Panchayats existing immediately before such commencement
shall continue till the expiration of their duration, unless sooner dissolved
by a resolution passed to that effect by the Legislative Assembly of that State
or, in the case of a State having a Legislative Council, by each House of the
Legislature of that State.
· Article 243O :
Bar to interference by courts in electoral matters
243-O.
Notwithstanding anything in this Constitution,-
(a) the validity of any law relating to the delimitation of constituencies or
the allotment of seats to such constituencies, made or purporting to be made
under article 243K, shall not be called in question in any court;
(b) no election to any Panchayat shall be called in question except by an
election petition presented to such authority and in such manner as is provided
for by or under any law made by the Legislature of a State.