Panchayati Raj System in India

Panchayati Raj System in India (Articles)

This document summarizes the key articles of the Indian Constitution related to the Panchayati Raj system, as established by the 73rd Amendment.

Article 243 (I) - State Finance Commission

Article 243 (I) deals with the State Finance Commission. The State Legislature is responsible for making laws concerning the commission. It is established by Governor.

The State Finance Commission is established by the Governor of the state. It's structure consists of:

• One chairman
• Four other members

Tenure: 5 years.

Duties: Recommends measures for the financial strengthening of Panchayats, including resource mobilization. It submits its report to the Governor, who then places it before the State Legislature.

Article 243 (J) - Auditing

Article 243 (J) pertains to the auditing of Panchayat accounts.

The State Legislature can authorize any entity, through law, to audit the accounts of Panchayats. In Andhra Pradesh and Telangana, the State Audit General is responsible for this audit.

Article 243 (K) - State Election Commission

Article 243 (K) addresses the State Election Commission, responsible for conducting Panchayat elections.

The State Election Commission is established by the Governor. The State Legislature makes laws regarding its composition. Structure: Consists of a State Election Commissioner. Tenure: 5 years or 62 years of age, whichever is earlier. Appointed by the Governor, but removed by the President, following the same procedure as a Judge of the Supreme Court. Resignation is submitted to the Governor.

Duties: Conducting Panchayat elections, preparing electoral rolls, announcing election schedules, and making decisions on election-related matters such as postponement or cancellation. Implements the Model Code of Conduct.

Article 243 (L) - Applicability to Union Territories

Article 243 (L) covers the application of Panchayat provisions to Union Territories.

The Central Government has the authority to extend the provisions of the Panchayati Raj system to Union Territories.

Article 243 (M) - Exemptions

Article 243 (M) outlines exemptions to the applicability of the Panchayati Raj provisions.

The Panchayati Raj system *does not apply* to:

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

However, the Parliament can extend the provisions to Scheduled Areas and Autonomous Districts through a simple majority law.

Article 243 (N) - Continuation of Existing Laws

Article 243 (N) addresses the continuation of existing laws related to Panchayats.

Laws related to Panchayats that were in effect *before* the 73rd Amendment remained valid for one year after the amendment came into force (i.e., until April 24, 1994). After this period, states were required to implement the 73rd Amendment.

Article 243 (O) - Tribunals

Article 243 (O) deals with the establishment of tribunals to address disputes related to Panchayat elections.

The State Legislature can, by law, establish tribunals to adjudicate disputes arising from Panchayat elections. In Andhra Pradesh and Telangana, Munsif Courts handle these disputes, acting as tribunals in such cases.

Summary Table of Articles

Article	Subject
243	Definitions
243 (A)	Gram Sabha Definition
243 (B)	Establishment of Panchayats
243 (C)	Composition of Panchayats
243 (D)	Reservations in Panchayats
243 (E)	Tenure of Panchayats
243 (F)	Disqualifications for Membership
243 (G)	Powers, Authority, and Responsibilities of Panchayats
243 (H)	Powers to Impose Taxes by, and Funds of, the Panchayats
243 (I)	Constitution of Finance Commission to Review Financial Position
243 (J)	Audit of Accounts of Panchayats
243 (K)	Elections to the Panchayats
243 (L)	Application to Union Territories
243 (M)	Part not to Apply to Certain Areas
243 (N)	Continuance of Existing Laws and Panchayats
243 (O)	Bar to Interference by Courts in Electoral Matters / Tribunals