Part 9 - THE PANCHAYATS
1 [PART IX
THE PANCHAYATS
1. PART IX-The territories in Part D of the First
Schedule and other territories not specified in that Schedule was rep. by the
Constitution (Seventh Amendment) Act, 1956, section 29 and schedule and
inserted by the Constitution (Seventh-third Amendment) Act, 1992, section 2
(w.e.f. 1-6-1993).
Article
243 - Definitions
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
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
(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
(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 shall, 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) if 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 Chair person of--
(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
(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 relation 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.
(1) Every Panchayat,
unless sooner dissolved under any law for the time being in force, shall
continue for five years from the date appointed 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.
(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
(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 be 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
Subject to the provisions of this Constitution the
Legislature of a State may, by law, endow the Panchayats with such powers and
authority and 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
The Legislature of a State may, by law,--
(a) authorize 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 Commissions to review financial position
(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 Panchayats
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
(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 ground as a Judge
of a High Court and the conditions of service of the Slate 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
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 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
(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.
1[(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 to 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.
Article
243N - Continuance of existing laws and Panchayats
Notwithstanding anything in this Part, any provision of any
law relating to Panchayats in force in a State immediately before commencement
of the Constitution (Seventy-third Amendment) Act, 1992, which is inconsistent
with the provisions of this pan, shall continue to be in force until amended or
repealed by a competent Legislature, 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
243 O - Bar to interference by courts in electoral matters
Notwithstanding anything in this Constitution--
(a) the validity of any law relating to the delimitation of
constituencies or the allotment of seals 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.
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