Panchayat Raj System - Articles and Analysis
Article 243-I: State Finance Commission
This article deals with the State Finance Commission.
Key Points:
- Article 243-I provides for the establishment of a State Finance Commission.
- The State Finance Commission is responsible for making recommendations on the financial relations between the state government and the Panchayati Raj Institutions (PRIs).
- The State Legislature makes laws regarding the composition of the State Finance Commission.
- The Governor establishes the State Finance Commission.
- The commission consists of a chairman and four other members.
- The term of office is five years.
- Function: The State Finance Commission recommends measures to improve the financial position of PRIs, ensuring they can function effectively. This includes:
- Determining the principles governing the distribution of state taxes, duties, tolls, and fees between the state and the PRIs.
- Identifying the taxes, duties, tolls, and fees that may be assigned to the PRIs.
- Recommending grants-in-aid to the PRIs from the Consolidated Fund of the State.
- Suggesting measures to improve the financial position of the PRIs.
- The State Finance Commission submits its report to the Governor.
- The Governor places the report before the State Legislature.
Article 243-J: Auditing
This article focuses on the auditing of the accounts of Panchayati Raj Institutions.
Key Points:
- The State Legislature can, by law, authorize any authority to conduct the audit of the accounts of the Panchayati Raj Institutions.
- The State Legislature decides the authority responsible for auditing.
- In Andhra Pradesh and Telangana, the State Audit General is responsible for auditing the accounts of the PRIs.
Article 243-K: State Election Commission
This article addresses the formation and functions of the State Election Commission.
Key Points:
- Article 243-K deals with the State Election Commission.
- The State Election Commission is responsible for conducting elections to the Panchayati Raj Institutions.
- The Governor establishes the State Election Commission.
- The State Legislature makes laws regarding the composition of the State Election Commission.
- The State Election Commission is also referred to as the State Election Commissioner.
- The State Election Commission consists of a State Election Commissioner.
- Term of Office: Five years or until the age of 62 years, whichever is earlier.
- Removal: The State Election Commissioner can be removed in the same manner as a Judge of the Supreme Court.
- Removal is initiated by impeachment process as per the Constitution.
- Removal is through the Parliament.
- Resignation: The State Election Commissioner submits the resignation to the Governor.
- Functions of the State Election Commission:
- Conducting elections to the Panchayati Raj Institutions.
- Preparing electoral rolls for elections.
- Announcing the election schedule.
- Decisions on matters related to elections, including adjournment and cancellation.
- Model Code of Conduct: Announcing the Model Code of Conduct to ensure free and fair elections.
- Allocating symbols to independent candidates and those contesting in Gram Panchayat elections.
Article 243-L: Application to Union Territories
This article deals with the application of the Panchayati Raj provisions to Union Territories.
Key Points:
- Article 243-L deals with the application of the provisions of Panchayati Raj to the Union Territories.
- Panchayati Raj Institutions (PRIs) are on the State List, while Union Territories are under the Union List.
- The Union Territories are administered by the Central Government.
- The power to extend the provisions of Panchayati Raj to Union Territories vests with the Central Government.
- The Central Government can adapt and apply these provisions to Union Territories, keeping in mind the unique conditions of each territory.
Article 243-M: Exemptions
This article specifies areas where the provisions of the Panchayati Raj system do not apply.
Key Points:
- Exemptions are provided under Article 243-M.
- Under Article 244 Clause 1, the provisions do not apply to scheduled areas.
- Under Article 244 Clause 2, the provisions do not apply to autonomous districts.
- Also not applicable to:
- Nagaland
- Mizoram
- Meghalaya
- Manipur: Not applicable to Hill Areas.
- West Bengal: Not applicable to Darjeeling district, Gurkhaland area.
- Exceptions:
- Scheduled Areas and Autonomous Districts: The Parliament, by law, can extend the provisions of Panchayati Raj to these areas. This requires a simple majority in the Parliament.
- Nagaland, Mizoram, and Meghalaya: If Panchayati Raj is to be implemented, the State Legislature must first pass a resolution with a special majority, and then forward it to the Parliament. The Parliament can then implement the system through a simple majority.
Article 243-N: Continuance of Existing Laws
This article discusses the continuance of existing laws related to Panchayats.
Key Points:
- The 73rd Constitutional Amendment came into effect on April 24, 1993.
- If a State had any laws in place regarding Panchayati Raj Institutions before this date, those laws would continue to be in force for a year after the amendment's enactment.
- Within one year, all states were required to align their laws with the provisions of the 73rd Constitutional Amendment.
Article 243-O: Tribunals
This article relates to the establishment and functions of tribunals in the context of elections to Panchayati Raj Institutions.
Key Points:
- Article 243-O deals with tribunals.
- The State Legislature can, by law, provide for the establishment of tribunals.
- The tribunals deal with election disputes related to Panchayati Raj Institutions.
- The State Legislature can assign the authority to hear election disputes to tribunals.
- In Andhra Pradesh and Telangana:
- Special Tribunals have not been set up.
- Election disputes are handled by the Munsif Courts.
- Munsif courts usually function as courts.
- During election disputes, the Munsif courts function as tribunals.