What are compulsory & voluntary provisions in 73rd Amendment, 1992?
Q. Which of the following are voluntary provisions as per the 73rd Constitutional Amendment Act of 1992?
1) Providing representation to members of the Parliament and State Legislature in the Panchayats.
2) Devolution of powers and responsibilities upon Panchayats.
3) Organization of Gram Sabha.- Published on 10 Mar 17
a. Only 1
b. 1 and 3
c. 1 and 2
d. All of the above
ANSWER: 1 and 2
- The Act has several provisions.
- Some of them are compulsory that means that they need to be included in the state laws related to New Panchayati Raj system.
- Others are voluntary provisions. Their inclusion is on the discretion of the State government.
- Voluntary provisions are at the discretion because they let the state take into account various local factors like geography, administration, etc. into consideration while adopting the new system.
- Thus act translates representative democracy into participatory democracy, helping build democracy at the grassroots of the country.
Compulsory Provisions of the Act are -
1. Organization of Gram Sabha.
2. Establishment of Panchayats at 3 levels i.e., village, intermediate and district levels.
3. Direct elections to all seats in Panchayats including at the village, intermediate and district levels.
4. Post of Chairperson to be elected by indirect elections at the intermediate and district levels.
5. Minimum age for contesting elections to Panchayats will be 21 years.
6. Reservation of seats for SCs and STs in Panchayats - village, intermediate and district levels.
7. Reservation of 1/3rd seats for women in Panchayats - village, intermediate and district levels.
8. 5 years fixed tenure for Panchayats - village, intermediate and district levels.
9. Holding fresh elections within 6 months in the event of super-session of any panchayat.
10. State Election Commission establishment for conducting elections to the Panchayats.
11. State Finance Commission constitution after every 5 years to review financial position of the Panchayats.
Voluntary Provisions of the Act are -
- Providing representation to members of the Parliament and state legislature in the Panchayats (at different levels) falling within their respective constituencies.
- Having reservation of seats (of members and chairpersons) for backward classes in Panchayats at any or all 3 levels.
- Granting powers and authority to the Panchayats to enable them to function as institutions of self-government (in short, making them autonomous bodies).
- Devolution of powers and responsibilities upon Panchayats.
- To prepare plans for economic development and social justice.
- Perform some or all of the 29 functions listed in the 11th Schedule of the Constitution.
- Giving financial powers to the Panchayats, like authorizing them to levy, collect and appropriate taxes, fess duties and tolls.