Tuesday, February 25, 2025

Panchayat Raj System - Articles and Committees 3

Panchayat Raj System - Articles and Committees

L M Singhvi Committee(1986)

Point Description
Set Up Set up by Rajiv Gandhi's Government in 1986.
Purpose To examine the revitalization of Panchayat Raj institutions for democracy and development.
Recommendations
  • Constitutional recognition for local self-government bodies.
  • Establishment of Nyaya Panchayats (Judicial Tribunals) for clusters of Panchayats.
  • Establishment of a State Election Commission for local body elections.
  • Allocation of financial resources to local self-government bodies.

Articles of Panchayat Raj institutions Contd..

Article 243 - I (State Finance Commission)

Formation Established by the Governor.
Structure Consists of a Chairman and four other members. The structure is determined by the State Legislature through legislation.
Tenure Five Years.
Function To recommend on the collection of necessary funds for the effective functioning of Panchayat Raj institutions.
Report Submission The State Finance Commission submits its report to the Governor, who then places it before the State Legislature.

Article 243 - J (Auditing)

The State Legislature, through a law, can authorize any entity to audit the accounts of Panchayat Raj institutions. Currently, the State Audit General holds this responsibility in both Andhra Pradesh and Telangana.

Article 243 - K (State Election Commission)

Formation Established by the Governor.
Structure The structure is determined by the State Legislature through legislation. Consists of state election commissioner.
Tenure Five Years or 62 years whichever is earlier.
Removal Though appointed by the Governor, the State Election Commissioner can only be removed by the President, in the same manner as a Judge of the Supreme Court.
Function
  • Conduct elections to Panchayat Raj institutions.
  • Prepare voter lists for Panchayat Raj elections.
  • Announce election schedules.
  • Make decisions regarding election conduct, postponement, and cancellation.
  • Announce and implement the Model Code of Conduct during elections.
  • Allot symbols to independent candidates and candidates in Gram Panchayat elections.

Article 243 - L (Applicability to Union Territories)

The Central Government has the authority to extend the provisions related to Panchayat Raj institutions to Union Territories.

Article 243 - M (Exemptions)

Exempts certain areas and states from the application of the 73rd Amendment:

  • Scheduled Areas (Article 244 Clause 1)
  • Autonomous Districts (Article 244 Clause 2)
  • Nagaland, Mizoram, Meghalaya
  • Hill areas in Manipur
  • Darjeeling district of West Bengal (specifically the Gorkhaland area)

Parliament can enact a law to establish Panchayat Raj institutions in Scheduled Areas and Autonomous Districts. State legislatures in Nagaland, Mizoram, and Meghalaya can establish panchayats by passing a special resolution, which is then approved by a simple majority in Parliament.

Article 243 - N (Continuation of Existing Laws)

Any laws related to Panchayat Raj that were in effect before the 73rd Amendment would continue to be valid for one year from the date the amendment came into force. States were required to implement the 73rd Amendment within that one-year period.

Article 243 - O (Tribunals)

Deals with establishing tribunals to address disputes related to Panchayat Raj elections. The State Legislature can establish tribunals through legislation. In Andhra Pradesh and Telangana, there are no separate tribunals; the Munsif Courts handle election disputes.

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