Simple majority of Parliament
Done just like ordinary legislation.
- Formation of new states.
- Privileges of Parliament, its members and its committees.
- Abolition or creation of legislative councils in states.
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BPSC Mains GS-2 Masterclass · Indian Polity
Panchayati Raj & the 73rd AmendmentDemocracy at the Grassroots
How the Constitution is amended, how many times it has been, and how the 73rd Amendment gave India’s villages a constitutional government of their own — its objectives, provisions, features and performance.
ConstitutionPart IXArticles 243 – 243O‘The Panchayats’, added in 1992.
Functions29SubjectsIn the new Eleventh Schedule.
Structure3 tiersVillage · block · districtExcept states under 20 lakh people.
Reservation1/3Seats for womenAnd one-third of chairpersons’ offices.
Tenure5 yearsFixed termElections within six months of dissolution.
Eligibility21 yearsMinimum ageTo contest panchayat elections.
Article 368
The Amendment Procedure in India
Like any other written Constitution, the Constitution of India provides for its own amendment, so that it can adjust to changing conditions and needs. Its amendment procedure is neither as easy as in Britain nor as difficult as in the USA — the Indian Constitution is neither flexible nor rigid, but a synthesis of both.
Special majority of Parliament
Governed by Article 368.
Special majority + ratification by the states
Special majority of Parliament and the ratification of half of the state legislatures. Also governed by Article 368.
The procedure laid down in Article 368:
- 1
Introduced in Parliament
An amendment can be initiated only by introducing a bill in either House of Parliament — not in the state legislatures.
- 2
Minister or private member
The bill can be introduced by a minister or a private member, and does not need the President’s prior permission.
- 3
Special majority
Each House must pass the bill by a special majority: a majority (more than 50%) of the total membership of the House, and a majority of two-thirds of the members present and voting.
- 4
No joint sitting
Each House must pass the bill separately. If the Houses disagree, there is no provision for a joint sitting to deliberate on and pass it.
- 5
State ratification
If the bill seeks to amend the federal provisions, it must also be ratified by the legislatures of half the states, by a simple majority — a majority of members present and voting.
- 6
Presented for assent
Once passed by both Houses, and ratified by the states where necessary, the bill is presented to the President for assent.
- 7
Assent is compulsory
The President must give his assent. He can neither withhold it nor return the bill for reconsideration.
- 8
The Constitution is amended
After the President’s assent, the bill becomes a Constitutional Amendment Act, and the Constitution stands amended accordingly.
The limit · basic structure
Parliament’s constituent power is limited: it cannot amend the provisions that form the ‘basic structure’ of the Constitution. This was ruled by the Supreme Court in the Kesavananda Bharati case.
Example: Kesavananda Bharati v. State of Kerala was decided in 1973 by a 13-judge bench.
How many amendments?
The Constitution’s Amendments So Far
Till date, there have been 104 amendments of the Constitution of India.
104Amendments — as counted in the source answer
1951 The First Amendment
Made several changes to the Fundamental Rights provisions:
- Provided against abuse of freedom of speech and expression.
- Validated zamindari abolition laws.
- Clarified that the right to equality does not bar laws giving ‘special consideration’ to weaker sections of society.
1976 · 1978 The 42nd and 44th
Since then there have been several amendments, of which the 42nd and 44th Amendment Acts are considered major amendments.
2020 The 104th Amendment Act
Recently enacted, it extended the reservation of seats for SCs and STs in the Lok Sabha and state assemblies.
Thus, the blend of rigidity and flexibility has enabled the Constitution to keep evolving with the needs of the time.
Rural local self-government
What Is Panchayati Raj?
The term Panchayati Raj in India signifies the system of rural local self-government.
PanchFive+yatAssembly
‘Panchayat’ literally means an assembly (yat) of five (panch) wise and respected elders, chosen and accepted by the village community. Traditionally, they settled disputes between individuals and villages.
Though the philosophy of Panchayati Raj is deeply rooted in the tradition and culture of rural India, in formal terms it was established in most states by Acts of the state legislatures in the 1960s, and was constitutionalised through the 73rd Constitutional Amendment Act of 1992.
Example: Rajasthan was the first state to establish Panchayati Raj, inaugurated at Nagaur on 2 October 1959.
Constitutionalised
73rd Amendment · 1992- The 73rd Amendment Act was passed by Parliament in December 1992 and came into force in 1993. Through it, Panchayati Raj was constitutionalised.
- The Act fulfils an imperative need to give Panchayati Raj bodies certain basic and essential characteristics in the Constitution — to give them certainty, continuity and strength.
Why Panchayati Raj?
The Objectives of Panchayati Raj
From democratic decentralisation to Gandhi’s Gram Swaraj: what Panchayati Raj sets out to achieve.
Democratic decentralisation
The main objective underlying the Act is democratic decentralisation of administration.
Grassroots democracy
To build democracy at the grassroots, and politically empower people at the grassroots to shape their own destiny.
People’s participation
Local institutions made up of popular local leaders can increase people’s participation in planning and implementing schemes, thereby mobilising additional resources for development.
- E.g. drafting and implementing development plans for village uplift would be vetted and monitored by the Gram Sabhas, which include all the village’s electorate.
Partners in planning
Local institutions can assist and guide the state in making Five-Year Plans, and help government officials implement projects and schemes — e.g.:
- Preparing plans for economic development and social justice.
- Implementing schemes for economic development and social justice entrusted to them.
Individual and community
To build proper relations between the individual and his community through self-management of the community’s problems:
- Inculcating a sense of participation in society.
- The political education of the villager.
Rural development
To curb poverty, raise living standards in rural areas, and build a healthy, wealthy society by creating awareness of hygiene and sanitation and eradicating illiteracy.
Gram Swaraj & Article 40
To realise Gandhi’s vision of ‘Gram Swaraj’ and fulfil the constitutional directive under Article 40.
Empowering the weak
Empowering women and backward classes — for this, reservation for women, SCs, STs and OBCs has been introduced in Panchayati Raj.
A quiet revolution
To bring about a political, social and economic revolution that will not only enhance the democratic character of society, but also be a perennial source of energetic, honest and competent leaders.
73rd Constitutional Amendment Act, 1992
The Basic Provisions of the 73rd Amendment
A new Part, a new Schedule, compulsory and voluntary provisions, a three-tier structure — and the articles that hold it together.
Part IX
The Act added a new Part IX to the Constitution, entitled ‘The Panchayats’, consisting of Articles 243 to 243O.
Schedule 11
It also added a new Eleventh Schedule containing 29 functional items of the panchayats. It deals with Article 243G.
Article 40
It gave practical shape to Article 40, which directs the State to organise village panchayats with adequate functions and powers.
Compulsory provisions
Compulsory (mandatory or obligatory) provisions must be included in the state laws creating the new Panchayati Raj system — e.g.:
Organisation of the Gram SabhaDirect elections to all seats at all three levels21 years as the minimum age for contesting panchayat elections
Voluntary provisions
Voluntary provisions may be included at the discretion of the states — e.g.:
Representation for MPs and MLAs in panchayats at the levels falling within their constituenciesReservation of seats for backward classes in panchayats at any levelGranting powers and authority to the panchayats
Gram Sabha and the three tiers
It organises Gram Sabhas (villages), comprising all the adult members registered as voters.
It forms a three-tier system of panchayats at the village, intermediate (block / taluk / mandal) and district levels — except in states with a population below 20 lakh (Article 243B).
Example: In Bihar the three tiers are the Gram Panchayat, the Panchayat Samiti and the Zila Parishad.
DistrictZila Parishad
IntermediateBlock / Taluk / Mandal
VillageGram Panchayat
Gram Sabha — all registered voters
The article map
Seats at all levels to be filled by direct elections.
Seats reserved for SCs and STs, and the chairpersons of panchayats at all levels also reserved for SCs and STs, in proportion to their population.
One-third of the total seats reserved for women (including seats reserved for SC and ST women).
One-third of the offices of chairpersons at all levels reserved for women.
Example: Bihar went further: in 2006 it became the first state to reserve 50% of panchayat seats for women.
A uniform five-year term, with elections to constitute new bodies completed before the term expires.
In the event of dissolution, elections compulsorily within six months.
An independent Election Commission in each state for the superintendence, direction and control of the electoral rolls.
Panchayats to prepare plans for economic development and social justice on the subjects devolved to them by law, including those illustrated in the Eleventh Schedule.
A State Finance Commission constituted every five years to review the financial position of the panchayats.
Example: The State Finance Commission is provided for in Article 243-I.
Some areas are exempted because of socio-cultural and administrative considerations — e.g. Scheduled Areas listed under the Fifth Schedule; the states of Nagaland, Meghalaya and Mizoram; the hill areas of Darjeeling district in West Bengal, and those of Manipur.
Thus, the 73rd Amendment Act was comprehensive legislation; if the states adhere to its provisions in letter and spirit, it will definitely help realise Gandhi’s vision of Gram Swaraj.
Features of Panchayati Raj
The Features in Detail
The features of Panchayati Raj in India are derived from the 73rd Constitutional Amendment Act.
Gram Sabha & tiers
- Organisation of Gram Sabhas — the foundation of the Panchayati Raj system.
- A village assembly of all the registered voters in the area of a panchayat. It may exercise such powers and perform such functions at village level as the state legislature determines.
- A three-tier system of Panchayati Raj in every state — panchayats at the village, intermediate and district levels.
- However, a state with a population not exceeding 20 lakh may not constitute panchayats at the intermediate level.
How well has it worked?
Why Panchayats Under-perform
Panchayati Raj in India is yet to perform up to a satisfactory level. The major reasons for under-performance:
Lack of finances
Lack of functions
Lack of functionaries
Overwhelming dependence on government funding
Reluctance to raise their own taxes
Poor infrastructure
Powers of Gram Sabhas not spelt out in many states
Economic Survey 2017-18
The Economic Survey 2017-18 points out that urban local governments (ULGs) generate about 44% of their revenue from their own sources, against only 5% by rural local governments (RLGs).
Urban local governments44%
Rural local governments5%
Share of revenue from own sources
The way forward
Thus, if we are to realise the aims and objectives of Panchayati Raj, we need to revisit several of its features and adequately strengthen it as a real institution of government.
Exam preparation
BPSC Mains Previous Year Questions
Every question this page prepares you for, with the parts that answer it.
Q1BPSC (2005)
Describe the basic provisions of the 73rd Constitutional Amendment Act.
Q2BPSC (2002)
What is the amendment procedure in India? What are the main contents of the 73rd Amendment? How many amendments have been done in the Indian Constitution?
Q3BPSC (1993)
Describe the objectives and features of the Panchayati Raj in India.
“Certainty, continuity and strength” for India’s village governments.
Curated for BPSC, UPSC & State PCS Civil Services Aspirants | Indian Polity Master Module