MOTILAL B. NALK, J.

( 1 ) ONE of the Directive Principles of State policy as enshrined in Article 40 of the constitution of India is that the States shall take steps to organize village panchayats and endow them with such powers and authority as may be necessary to enable them to function as units of self-government. Past experience showed that the Panchayat Raj Institutions have not been able to acquire the status and dignity of viable and responsive peoples bodies due to a number of reasons including absence of regular elections, prolonged supersessions, insufficient representation of weaker sections like Scheduled Castes, Scheduled tribes and Women, inadequate devolution of powers and lack of financial resources. It is in this background, a Bill to seek 73rd amendment to the Constitution of India as introduced to achieve the following ojectives, viz. ,"to add a new Part relating to panchayats in the Constitution to provide for among other things. Gram sabha in a village or group of villages, constitution of Panchayats at village and other level or levels; direct elections to all seats in Panchayats at the village and intermediate level, if any, and to the Offices of Chairpersons of Panchayats at such levels; reservation of seats for the Scheduled castes and Scheduled Tribes in proportion to their population for membership of Panchayats and office of Chairpersons in Panchayats at each level; reservation of not less than one-third of the seats for women; fixing tenure of 5 years for Panchayats and holding elections within a period of 6 months in the event of supersession of any Panchayat; disqualifications for membership of Panchayats; devolution by the State Legislature of powers and responsibilities upon the panchayats with respect to the preparation of plans for economic development and social justice and for the implementation of development schemes; sound finance of the panchayats by securing authorization from State Legislatures for grants-in-aid to the Panchayats from the consolidated Fund of the State, as also assignment to, or appropriation by, the Panchayats of the revenues of designated taxes, duties, tolls and fees, setting up of a Finance Commission within one year of the proposed amendment and thereafter every 5 years to review the financial position of Panchayats; auditing of accounts of the Panchayats; powers of State legislature; to make provisions with respect to elections to Panchayats under the superintendence, direction and control of the Chief Electoral officer of the State; application of the provisions of the said Part to Union territories; excluding certain States and areas from the application of the provisions of the said Part; continuance of existing laws and panchayats until one year from the commencement of the proposed amendment and barring interference by Courts in electoral mattes relating to Panchayats. "thus, the 73rd Constitutional Amendment was passed by the Parliament introducing part-IX - the Panchayats , to the constitution of India.

( 2 ) IN tune with the 73rd Constitutional amendment, the State of Andhra Pradesh enacted the Andhra Pradesh Panchayat Raj act, 1994 (Act 13 of 1994) to achieve the objectives as enshrined in the 73rd constitutional Amendment. Some of the salient features of the A. P. Panchayat Raj act, 1994 are - to provide reservations to the members belonging to the Scheduled Castes and Scheduled Tribes in proportion to their population in the local bodies; to provide reservations to women and also to the backward Classes; creation of a separate state Election Commission for conducting elections to these local bodies; setting up of a Finance Commission to review the financial position of the local bodies; and also for providing a fixed term of office to these local bodies.

( 3 ) ELECTIONS to the Panchayat Raj Bodies were proposed to be held for the first time under the A. P. Panchayat Raj Act, 1994 (Act 13 of 1994) in the State of Andhra Pradesh, in the month of June, 1

Click Here to Read the rest of this document