Articles of the 73rd Amendment - Part 2

Article 243D: Reservations of Seats

• Seats are reserved for Scheduled Castes (SCs) and Scheduled Tribes (STs) in proportion to their population within the Panchayat area.
• State legislatures can provide for reservations for Backward Classes (BCs). The percentage of reservation for BCs is determined by the state legislature.
• Not less than one-third (1/3) of the total number of seats (including those reserved for SCs and STs) must be reserved for women. This is often interpreted as *at least* one-third, meaning it can be more. Many states, including Andhra Pradesh and Telangana, have 50% reservation for women.
• Within the reserved categories (SC, ST, BC, and open category), at least 1/3 of the seats are reserved for women of those respective categories. This is often referred to as "reservation within reservation."

Example of how Women reservations can be implemented with in reservations.

If 10 seats are reserved for sc, then \(\frac{1}{3}\) rd of 10 which is almost 3 will be given to sc women. Likewise if 6 seats are reserved for st, then \(\frac{1}{3}\) rd of 6 which is 2 seats will be given for st women.

Reservations are implemented on a rotation basis.

Article 243E: Duration of Panchayats

• The term of a Panchayat is five years from the date of its first meeting.
• If a seat becomes vacant, a by-election must be held within six months.
• However, if the remaining term of the Panchayat is less than six months, a by-election is not mandatory.
• A person elected in a by-election serves only for the remainder of the original term, not a full five years.

Article 243F: Disqualifications for Membership

This article deals with disqualifications, meaning conditions that prevent someone from being a member of a Panchayat. The speaker outlines the *qualifications*, implying that the absence of these qualifications leads to disqualification:

• Must be a citizen of India.
• Should not hold any office of profit under the central or state government.
• Must be at least 21 years of age.
• Should not have more than two children after 1995.
• Must be registered as a voter within the constituency of the Panchayat.
• Should not owe any dues to the Panchayat Raj institutions.
• Any other qualifications prescribed by the state legislature.

Article 243G: Powers, Authority, and Responsibilities of Panchayats

• Panchayats have authority over the 29 subjects listed in the 11th Schedule of the Constitution.

Article 243H: Powers to Impose Taxes by, and Funds of, the Panchayats

This article discusses the sources of income for Panchayats:

• Grants from the Central Government.
• Grants from the State Government.
• Taxes collected by the Panchayats (e.g., house tax, water tax).
• Rents from Panchayat properties.
• Donations.
• Sale of Panchayat lands.