Article 243D - 243H: Panchayats Reservations, Term, Disqualifications, Powers & Resources

Article 243D: Reservations of Panchayats

Article number 243D, capital D, is about the reservations in Panchayats. It discusses reservations and is very important from an article perspective. Let's take a look.

Article number 243, capital D, clarifies about reservations. It is about reservations. Article number 243, capital D, explains about reservations.

Key Points Regarding Reservations in Panchayati Raj Institutions:

Reservation for SCs and STs: In Panchayati Raj institutions, reservations for Scheduled Castes (SCs) and Scheduled Tribes (STs) should be provided based on their population ratio.

This means in Panchayat Raj institutions, for SCs and STs, reservations should be provided according to their population proportion.
Reservation for BCs: The percentage of reservation for Backward Classes (BCs) in Panchayati Raj institutions is decided by the State Legislature.

How much percentage of reservations should be provided for BCs is decided by the State Legislative Assembly.

Currently, in Andhra Pradesh, 27% reservation is given to BCs in Panchayati Raj institutions. This 27% is also applicable in Telangana.
Women's Reservation: Out of the total seats in Panchayati Raj institutions, not less than one-third (1/3) of the seats should be reserved for women.

Not just one-third of the seats, but not less than one-third of the seats should be allocated to women.

In Andhra Pradesh and Telangana, 50% reservation is provided for women in Panchayati Raj institutions.
Sub-reservations for Women within Categories: Within the reservations provided for SCs, STs, BCs, or others (Open Category), not less than one-third (1/3) should be reserved for women belonging to those respective categories.

In the reservations allocated for SCs, STs, BCs or others, not less than one-third of seats should be reserved for women in those categories.

For example, if 10 seats are given to SCs, at least 1/3, meaning approximately 3 seats, should be for women from SC category. Similarly, if 6 seats are for STs, 2 seats should be for ST women, and if 15 seats are for BCs, 5 seats should be for BC women. This applies to all categories.
Rotation of Reservations: Reservations are implemented through a rotation system.

Reservations are provided in a rotation method. Rotation system means, for example, in 2022 elections, if Ward A was given to SCs, Ward B to STs, Ward C to BCs and Ward D to Open Category.

In the next elections, say in 2027, Ward A could be given to STs, Ward B to Open Category, Ward C to SCs, and Ward D to BCs. This is called rotation.

In Andhra Pradesh, reservations change every 5 years. In Telangana, this rotation happens every 10 years. The rotation period varies from state to state.
Exception for Arunachal Pradesh (83rd Amendment, 2000): Due to the absence of SC population in Arunachal Pradesh, reservations are not provided for SCs there.

In 2000, through the 83rd Constitutional Amendment, because of no SC population in Arunachal Pradesh, reservations are not given to them there.

Article 243E: Term of Office of Panchayats

Article number 243E explains about the term of office of Panchayats. It tells about the duration of the term.

Article number 243, Capital E, explains about the term of office. Article 243E is about the term.

Key Points Regarding the Term of Office:

Term Duration: The term of office for Panchayati Raj institutions is 5 years.

The term of office of Panchayat Raj institutions is 5 years.
Commencement of Term: This 5-year term starts from the first meeting of the Panchayat.

From when is this 5 years? From the first meeting's first day. From the first meeting, the term is 5 years.

For instance, for a Gram Panchayat, the 5 years term is from the first meeting. Similarly, for a Mandal Parishad, it's from the first meeting, and for Zilla Parishad also, the term is 5 years from the first meeting.
By-elections for Vacancies: If a vacancy arises in any seat, a by-election must be conducted within six months.

If any seat becomes vacant, by-elections must be held within six months.
Exception for Short Remaining Term: If the remaining term of the institution is less than six months when a vacancy occurs, a by-election is not required.

If the term of those institutions is less than six months remaining, by-elections are not needed.

If by-elections come under such circumstances, by-elections are not required to be conducted.
Term of Office for By-election Winners: A person elected in a by-election serves only for the remaining period of the term.

The term of office for a person who wins in by-elections is for the remaining term only. Person who wins in by-elections, their term is for the remaining period.

For example, if Gram Panchayat elections happened in 2022, and next elections are in 2027. But in 2025, a ward member died and a by-election is conducted. The person who wins in this by-election will only serve for 2 years, until 2027, not for a full 5-year term.

This applies not just to Panchayats but to Lok Sabha, Rajya Sabha, Legislative Assembly, Legislative Council, or any assembly in India. If by-elections occur, the term of the elected member is only for the remaining period.

Article 243F: Disqualifications for Membership

Article number 243F, capital F, explains about the disqualifications. It discusses the ineligibilities to contest in Panchayat Raj institutions. To know about disqualifications, knowing the qualifications is enough because disqualifications are the opposite of qualifications. Let's see the qualifications first.

Article number 243F explains about disqualifications. Article 243F is about disqualifications.

Qualifications to Contest Panchayat Elections (Absence of Disqualifications):

Indian Citizen: Must be a citizen of India.

To contest in Panchayat Raj institutions, one must be an Indian citizen.
Not Holding Office of Profit: Should not hold any office of profit under the Central or State Government.

Should not be employed in a salaried job under Central or State governments. Should not do an income-giving job.
Minimum Age: Minimum age should not be less than 21 years.

Minimum age should be 21 years and above. Minimum age should not be less than 21 years.
Two-Child Norm (Post-1995): Should not have more than two children born after 1995.

After 1995, should not have given birth to more than two children.

If you had one child in the first instance, and twins in the second, it is considered as within the limit. But if you have twins first and then another child, it's not treated as one child. If you have one child first, and then twins, government considers it. But after 1995, you should not have more than two children.
Voter in the Constituency: Must be registered as a voter in the constituency they are contesting from.

In which institution's constituency you are contesting, you must be registered as a voter there. Must be registered as a voter.
No Dues to Panchayat: Should not have any dues pending to the Panchayat Raj institutions.

Should not be a defaulter or have pending dues to Panchayat Raj institutions. Should not be a defaulter.
Other Disqualifications by State Legislature: Must possess other qualifications determined by the State Legislature.

State Legislature decided other qualifications must be there.

Other qualifications determined by the State Legislature must be possessed.

Article 243G: Powers, Authority and Responsibilities of Panchayats

Article number 243G, capital G, is about the powers and responsibilities. It explains the authorities and duties of Panchayats.

Article number 243G, capital G, explains about powers and responsibilities. Article 243G is about powers and duties.

Powers and Responsibilities of Panchayati Raj Institutions:

Article number 243G, capital G, is about powers and responsibilities.

Panchayati Raj institutions have authority over 29 subjects.

Panchayat Raj institutions are given authority on 29 items. Panchayat Raj institutions are given authority on 29 subjects.

These 29 subjects are listed in the 11th Schedule. We mentioned earlier, like Rural Housing, Sanitation and Public Health, Agriculture, Land Reforms, Public Distribution System, Poverty Alleviation Programs, Social Welfare, Women and Child Welfare, Weaker Section Welfare. Like these, there are 29 subjects on which they can make laws. Who? Panchayat Raj institutions.

Article 243H: Finances of Panchayats

Article number 243H, capital H, is about finances and resources. It explains the income sources for Panchayats. Article number 243H, capital H, explains about income resources.

Article number 243, capital H, explains about income resources. Article 243H is about income resources.

Financial Resources of Panchayati Raj Institutions:

Article number 243H, capital H, is about income resources.

For Panchayati Raj institutions, the income sources are:

Funds from the Central Government: Funds given by the Central Government.

Central government given funds.
Funds from the State Government: Funds given by the State Government.

State government given funds.
Own Taxes: Through own taxes. Do Panchayat Raj institutions levy taxes? Yes, like House Tax, Water Tax. Like these taxes, through taxes.

Do they levy taxes? Panchayat Raj institutions? House tax, water tax, like these are there, right? Those through taxes.
Rentals: Through rentals (rents).

Rentals, means rents. Through rentals.
Donations: Through donations.

Donations, through donations.
Sale of Lands: Through sale of lands (any lands).

Any lands, sale of lands. Through sale of lands.

So, through these ways, income resources come to Panchayat Raj institutions.

Thursday, February 27, 2025

winners local bodies 8

Article 243D: Reservations of Panchayats