Part 9 of Indian Constitution, Article 243 to 243 O, Amendment

The Constitution of India is divided into several Parts which collectively define the structure of government, powers of institutions and rights of citizens. Part 9 of Indian Constitution focuses on rural local self government. It gives constitutional status to Panchayati Raj Institutions (PRI) and strengthens democracy at the grassroots level. Through this Part, rural governance was formally structured under clear constitutional provisions.

Part 9 of Indian Constitution

Part IX of the Indian Constitution deals with “The Panchayats” and provides a constitutional framework for rural local self government. It was inserted by the Constitution (Seventy-third Amendment) Act, 1992. The earlier it had been removed by the Constitution (Seventh Amendment) Act, 1956. The present Part 9 of Indian Constitution covers Articles 243 to 243 O. It represents a major step toward democratic decentralization and participatory governance.

Articles under Part 9 of Indian Constitution

Part 9 of Indian Constitution contains Articles 243 to 243 O, defining structure, powers, finance, elections and safeguards of Panchayats as highlighted below:

• Article 243- Definitions: This Article explains important terms such as District, Gram Sabha, Intermediate Level, Panchayat, Panchayat Area, Population and Village. These definitions provide clarity for uniform interpretation across all States.
• Article 243 A- Gram Sabha: It empowers the Gram Sabha to perform functions at the village level as provided by State law. The Gram Sabha consists of registered voters within the Panchayat area.
• Article 243 B- Constitution of Panchayats: This Article mandates the establishment of Panchayats at village, intermediate and district levels. The structure is determined by the State Legislature.
• Article 243 C- Composition of Panchayats: It describes the composition at different levels. Village members are directly elected, while intermediate and district bodies may include directly elected, indirectly elected, or nominated members.
• Article 243 D- Reservation of Seats: It provides reservation for Scheduled Castes and Scheduled Tribes in proportion to their population. At least one-third of total seats, including reserved seats, are for women.
• Article 243 E- Duration of Panchayats: Panchayats have a five year term from their first meeting. They can be dissolved earlier, but fresh elections must follow constitutional requirements.
• Article 243 F- Disqualifications: This Article sets minimum age at 21 years and allows State Legislatures to prescribe additional disqualifications for Panchayat membership.
• Article 243 G- Powers and Responsibilities: Panchayats are empowered to prepare plans for economic development and social justice. They function in matters listed in the Eleventh Schedule.
• Article 243 H- Financial Powers: Panchayats may levy taxes, duties, tolls and fees as authorized by State law. They can also receive grants-in-aid from the State’s Consolidated Fund.
• Article 243 I- Finance Commission: A State Finance Commission must be constituted every five years to review Panchayat finances and recommend distribution of revenue.
• Article 243 J- Audit of Accounts: State Legislatures may provide for maintenance and audit of Panchayat accounts to ensure financial transparency and accountability.
• Article 243 K- Elections: It establishes a State Election Commission to supervise, direct and control Panchayat elections, ensuring free and fair democratic processes.
• Article 243 L- Application to Union Territories: The President may apply Part IX provisions to Union Territories with necessary modifications.
• Article 243 M- Exclusion of Certain Areas: Certain areas such as Fifth Schedule and Sixth Schedule tribal regions may be excluded from the application of this Part.
• Article 243 N- Continuance of Existing Laws: Laws and Panchayats existing before the 73rd Amendment continue until amended, repealed, or until their term expires.
• Article 243 O- Bar to Court Interference: Courts cannot question delimitation or seat allotment. Panchayat elections can only be challenged through election petitions under State law.

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Amendments related to Part 9 of Indian Constitution

Part 9 of Indian Constitution was shaped mainly through the 73rd Amendment. The major features of the Constitution (Seventy-third Amendment) Act, 1992 are:

• This amendment inserted Part IX and Articles 243 to 243 O. It gave constitutional recognition to Panchayati Raj Institutions and added the Eleventh Schedule listing 29 subjects.
• The amendment required a Gram Panchayat at village level, Panchayat Samiti at intermediate level and Zila Parishad at district level, strengthening grassroots participation.
• It ensured representation of Scheduled Castes, Scheduled Tribes and women, including one-third seats reserved for women in all Panchayats.
• It mandated State Finance Commissions every five years to review financial positions and recommend revenue sharing for effective decentralization.
• The amendment created independent State Election Commissions responsible for timely and fair Panchayat elections within the five year constitutional term.

Case Laws related to Part 9 of Indian Constitution

Courts have clarified democratic functioning and limits under the provisions of Part 9 of Indian Constitution:

• Sudhakar v. State Election Commission, Maharashtra (2015): The Bombay High Court upheld minimum educational qualifications for Panchayat candidates as constitutionally valid.
• Kishansing Tomar v. Municipal Corporation of Ahmedabad (2006): The Supreme Court held that State Election Commissions must conduct elections before the expiry of the five year term without delay.
• Rajendra Singh Rana v. Swami Prasad Maurya (2007): The judgment clarified that the Tenth Schedule does not automatically apply to Panchayats unless State laws provide anti defection measures.
• Bhanumati v. State of Uttar Pradesh (2010): It upheld the State’s power to restructure or abolish Panchayats in public interest, provided such action follows democratic principles.
• Javed v. State of Haryana (2003): The Supreme Court upheld disqualification of candidates having more than two children, stating such provisions promote public welfare.
• State of U.P. v. Pradhan Sangh Kshettra Samiti (1995): The Court ruled that courts cannot interfere in ongoing Panchayat elections and disputes must be resolved only through election petitions.
• K.K. Krishnan v. State of Tamil Nadu (2005): The Madras High Court emphasized transfer of 29 subjects listed in the Eleventh Schedule to Panchayats for true decentralization.