winners local bodies 9

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.