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Sahaj Vidhi
Law Optional 2023 Paper I solved

Q2. (b) "Panchayati Raj Institutions and Urban Local Bodies have been accorded constitutional status." Explain the ambit and structure of the authority of Panchayati Raj Institutions and Urban Local Bodies under the Indian Constitution.

Verified Answer

Core Legal Answer & Context: Panchayati Raj Institutions (PRIs) and Urban Local Bodies (ULBs) gained constitutional status through the 73rd and 74th Constitutional Amendment Acts of 1992, respectively. These amendments marked a paradigm shift towards democratic decentralization, making local self-governance a mandatory feature of the Indian polity. They aim to empower local communities, ensure greater participation in decision-making, and facilitate the planning and implementation of development programs at the grassroots level. The amendments provide a uniform framework for their establishment, powers, and functions across states.

Relevant Statutes and Sections:

  • 73rd Constitutional Amendment Act, 1992: Inserted Part IX ("The Panchayats") and the Eleventh Schedule into the Constitution.
  • 74th Constitutional Amendment Act, 1992: Inserted Part IXA ("The Municipalities") and the Twelfth Schedule into the Constitution.
  • Articles 243 to 243-O: Deal with Panchayats, covering aspects like gram sabha, three-tier structure, reservations, duration, powers, finances, and elections.
  • Articles 243-P to 243-ZG: Deal with Municipalities, covering types of municipalities, ward committees, reservations, powers, finances, and elections.
  • Eleventh Schedule: Lists 29 functional items (e.g., agriculture, rural housing, drinking water) devolved to Panchayats.
  • Twelfth Schedule: Lists 18 functional items (e.g., urban planning, public health, slum improvement) devolved to Municipalities.

Important Landmark Cases: While the amendments themselves are the primary legal instruments, the Balwant Rai Mehta Committee (1957) and Ashok Mehta Committee (1977) reports provided the foundational recommendations for strengthening local self-governance, leading to these constitutional reforms.

Clear Conclusion: The 73rd and 74th Amendments fundamentally transformed local governance in India by granting constitutional recognition to PRIs and ULBs. This ensures their regular elections, financial autonomy, and devolution of specific powers and responsibilities, thereby strengthening democracy at the grassroots and promoting inclusive development.