India’s Constitutional Amendments for Local Governance & Reforms
The 73rd Constitutional Amendment Act of 1992 is a historic and transformative legislation that gave constitutional status to Panchayati Raj Institutions (PRIs) in India. It marked a major step towards decentralization and grassroots democracy by making village-level governance more structured, democratic, and accountable.
The Act gave effect to Article 40 of the Directive Principles of State Policy, which directed the State to organize village panchayats and endow them with necessary powers. By adding Part IX to the Constitution (Articles 243 to 243-O) and inserting the Eleventh Schedule, the Act aimed to strengthen local self-government and ensure effective participation of the people in planning and decision-making.
Salient Features of the 73rd Amendment Act
Three-Tier Structure: It established a uniform three-tier system of Panchayati Raj for all states—village, intermediate, and district levels. States with populations under 20 lakhs may not constitute the intermediate tier.
Gram Sabha: Recognized as the foundation of the Panchayati Raj system, it comprises all registered voters of a village and functions as a participatory democratic forum.
Elections: Members of all levels are to be elected directly. Chairpersons at the intermediate and district levels are elected indirectly from among members. Elections must be held every five years.
Reservation: The Act mandates reservation of seats for Scheduled Castes (SCs), Scheduled Tribes (STs), and at least one-third for women, including those from SCs and STs. States can also reserve for backward classes.
State Election Commission: An independent State Election Commission is responsible for conducting fair elections to the panchayats.
Powers and Functions: States are expected to devolve powers, enabling panchayats to function as self-governing institutions. These include planning and implementing schemes related to economic development and social justice.
Eleventh Schedule: The Act added this schedule listing 29 subjects (like agriculture, education, health, housing, sanitation, etc.) that panchayats can work on.
Financial Provisions: Panchayats can be given the authority to levy and collect taxes. The State Finance Commission, constituted every five years, recommends measures to strengthen panchayat finances.
Duration and Dissolution: Panchayats have a fixed five-year term. If dissolved prematurely, elections must be held within six months.
Disqualifications and Legal Safeguards: Rules for disqualification are laid down, and courts are barred from interfering in panchayat elections.
The Act does not apply to states like Nagaland, Meghalaya, Mizoram, certain scheduled and tribal areas, and hill areas of Manipur unless Parliament extends the provisions with suitable modifications. For tribal areas, the PESA Act (1996) was enacted separately.
The 73rd Amendment transformed representative democracy into participatory democracy. It empowered ordinary citizens and local bodies to play an active role in governance, making it a milestone in democratic decentralization in India.
The 74th Constitutional Amendment Act of 1992 was a landmark step in strengthening democracy in urban India. It gave constitutional recognition to urban local bodies (ULBs) and aimed to establish a uniform structure and functioning of municipalities across the country. The Act came into force on 1st June 1993 and added Part IXA to the Constitution (Articles 243P to 243ZG) along with the Twelfth Schedule, which lists 18 functions of municipalities. Before this amendment, urban local bodies functioned under state laws with no constitutional backing. Their elections were irregular, powers were limited, and finances were inadequate. Frequent supersession by state governments weakened municipal governance. The 74th Amendment was brought to ensure regular elections, proper representation of marginalized groups, financial empowerment, and involvement of local representatives in planning.
Salient Features of the 74th Amendment Act
Types of Municipalities:
- Nagar Panchayat for areas in transition from rural to urban.
- Municipal Council for smaller urban areas.
- Municipal Corporation for larger urban areas.
- States decide the type based on size and population.
Composition:
- Members are elected directly.
- Some members may be nominated (with no voting rights).
- MPs, MLAs, and MLCs residing in the area may be given representation.
Reservation:
- Proportionate reservation for SCs/STs based on population.
- One-third of the total seats (including those for SC/ST) reserved for women.
- Optional provision for reserving seats for Backward Classes.
Wards Committees: To be set up in municipalities with a population of over 3 lakhs for better decentralization.
Duration and Elections: Five-year term for municipalities. Fresh elections must be held before term ends or within six months if dissolved early.
Powers and Functions:
- States may assign municipalities the responsibility of preparing plans for economic development and social justice.
- The Twelfth Schedule lists 18 functions like urban planning, water supply, solid waste management, slum improvement, etc.
Finances:
- States decide which taxes and duties municipalities can collect.
- Provisions for grants-in-aid and setting up Municipal Funds.
- States may share a part of their revenues with urban local bodies.
Finance Commission: A State Finance Commission must be constituted every five years to review the financial position of both panchayats and municipalities and make recommendations for revenue sharing.
Elections and State Election Commission: A State Election Commission is responsible for conducting municipal elections and preparing electoral rolls.
Audit and Accounts: Municipal accounts are to be maintained and audited according to state laws.
District and Metropolitan Planning Committees:
- District Planning Committees consolidate plans from rural and urban bodies for overall development.
- Metropolitan Planning Committees are mandatory in areas with population over 10 lakhs, focusing on integrated development.
The 74th Amendment provided much-needed constitutional legitimacy to urban local governance. It ensured stability, representation, accountability, and participation at the grassroots urban level. It was a key step in deepening democracy and decentralization in India’s rapidly urbanizing landscape.
Indian administration has undergone several reforms since independence to make it more efficient, transparent, accountable, and citizen-friendly. These reforms are necessary because the administration plays a vital role in implementing policies, maintaining law and order, and delivering services to the people. Over time, administrative structures that were set up during British rule became outdated, and there was a growing need to modernize them to meet the demands of a democratic and developing society.
Key Administrative Reforms in India
Civil Services Reforms
- The Indian civil services have been reformed to make them more professional, responsive, and ethical.
- Performance Appraisal System was introduced to evaluate officers not just by seniority but by work efficiency.
E-Governance and Digital Reforms
- One of the most visible reforms is the use of technology in administration.
- Digital India Mission, launched in 2015, aims to provide services online, reduce paperwork, and promote transparency.
Decentralization and Panchayati Raj Reforms
- After the 73rd and 74th Constitutional Amendments, administration has been decentralized by empowering local self-governments.
- This reform aimed to bring governance closer to the people and encourage participatory democracy.
Citizen-Centric Reforms
- Several reforms have been introduced to make governance more responsive and people-oriented.
- RTI Act, 2005 empowers citizens to ask questions and demand information from public authorities.
- Public Service Guarantee Acts in several states ensure time-bound delivery of services like certificates, pensions, etc.
Anti-Corruption Measures
- Fighting corruption is a major goal of administrative reforms.
- Establishment of Lokpal and Lokayuktas, strengthening of Central Vigilance Commission, and reforms in Prevention of Corruption Act aim to make administration cleaner and more accountable.
Financial and Budgetary Reforms
- Administrative reforms also include better financial management.
- The government has shifted to Outcome Budgeting, where focus is on the results and impact of spending, not just allocation.
Conclusion
Reforms in Indian administration are essential to ensure that the system keeps up with the changing needs of society, economy, and democracy. Though many reforms have been implemented in areas like civil services, digitization, transparency, and citizen participation, challenges like red-tapism, corruption, and political interference still remain. Continuous efforts are required to make Indian administration more modern, efficient, and people-friendly in the true spirit of democratic governance.