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Constitutionalisation
The 73rd & 74th Amendments & Democratic Decentralisation
PART I — THE GRASSROOTS VISION
BALWANT RAI MEHTA (1957)
Democratic Decentralisation
- The process of transferring political, administrative, and financial power from the central/state governments directly to local communities.
- Rooted in Gandhi's vision of **Gram Swaraj** (Village Self-Rule) and enshrined as a Directive Principle in **Article 40**.
- The Balwant Rai Mehta Committee (1957) was the first to recommend the establishment of the scheme of "democratic decentralisation", which came to be known as Panchayati Raj.
THE 1992 ACT (RURAL)
The 73rd Amendment
- Added **Part IX** to the Constitution, titled "The Panchayats" (Articles 243 to 243O).
- Added the **11th Schedule**, containing 29 functional items placed within the purview of panchayats (e.g., agriculture, rural housing, drinking water).
- Mandated a uniform **3-tier system**: Gram Panchayat (Village level), Panchayat Samiti (Intermediate/Block level), and Zila Parishad (District level).
PART II — URBAN LOGIC & MANDATES
THE 1992 ACT (URBAN)
The 74th Amendment
- Added **Part IXA** to the Constitution, titled "The Municipalities" (Articles 243P to 243ZG).
- Added the **12th Schedule**, containing 18 functional items (e.g., urban planning, public health, fire services).
- Established 3 types of municipalities: Nagar Panchayat (transitional areas), Municipal Council (smaller urban areas), and Municipal Corporation (larger urban areas).
FROM DPSP TO PART IX
The Constitutional Mandate
- Before 1992, local governments existed at the whim of State governments (elections were delayed for decades, funds were withheld).
- The amendments shifted local self-government from a non-justiciable DPSP to a **justiciable constitutional mandate**.
- **Compulsory Provisions:** State governments *must* hold regular 5-year elections, establish State Election Commissions (SEC) and State Finance Commissions (SFC), and ensure reservations for SCs/STs and women (at least 1/3rd).