Article 243 serves as the foundational article for Part IX of the Constitution, titled “The Panchayats”. Introduced by the Constitution (Seventy-third Amendment) Act, 1992, this part is a landmark in strengthening democratic decentralisation by providing a constitutional basis for Panchayati Raj Institutions (PRIs) in India. Before laying down the structure, powers, and functions of Panchayats, it is essential to clearly define the key terms used throughout this Part.
This article provides precise definitions for crucial terms like ‘Gram Sabha’, ‘Panchayat’, ‘village’, ‘intermediate level’, and ‘district’, ensuring uniformity in their interpretation and application across different states. These definitions are indispensable for understanding the scheme of rural local self-government as envisioned by the 73rd Amendment.
Original Text
243. Definitions.
In this Part, unless the context otherwise requires,—
(a) “district” means a district in a State; (b) “Gram Sabha” means a body consisting of persons registered in the electoral rolls relating to a village comprised within the area of Panchayat at the village level; (c) “intermediate level” means a level between the village and district levels specified by the Governor of a State by public notification to be the intermediate level for the purposes of this Part; (d) “Panchayat” means an institution (by whatever name called) of self-government constituted under article 243B, for the rural areas; (e) “Panchayat area” means the territorial area of a Panchayat; (f) “population” means the population as ascertained at the last preceding census of which the relevant figures have been published; (g) “village” means a village specified by the Governor by public notification to be a village for the purposes of this Part and includes a group of villages so specified.
Detailed Explanation
Article 243 is purely definitional, providing the standard meaning for various terms used in Part IX. Understanding these definitions is key to grasping the subsequent provisions related to the composition, duration, powers, and functions of Panchayats.
- “District”: This definition is straightforward, referring to the existing administrative unit of a district within a state. This forms the uppermost tier in the proposed three-tier structure (district, intermediate, village).
- “Gram Sabha”: This is one of the most significant definitions. It defines Gram Sabha not merely as the residents of a village, but specifically as a body composed of all registered voters in the electoral rolls within the area of a village-level Panchayat. This highlights its democratic character as a body of adult citizens directly participating in local governance. It is considered the bedrock of the Panchayati Raj system.
- “Intermediate level”: This definition acknowledges the possibility of a three-tier structure where an intermediate level exists between the village and district levels. It is not mandatory for all states to have an intermediate level; states with populations below twenty lakhs are exempted (as per Article 243B(2)). The specific boundaries or composition of this level are left to be defined by the Governor of the State through public notification.
- “Panchayat”: This term is defined as an institution of self-government constituted under Article 243B for rural areas. It covers the village, intermediate, and district levels. The definition acknowledges that these institutions might be called by different names in various states, but functionally, they are all institutions of self-government for rural areas under this Part.
- “Panchayat area”: This simply means the territorial area over which a Panchayat exercises its jurisdiction. This area corresponds to a village, group of villages (at the village level), or a block/taluka (at the intermediate level), or a district (at the district level).
- “Population”: This refers to the population count determined by the most recently published census figures. This definition is important as population figures are used in subsequent articles to determine aspects like the number of seats, reservation of seats, etc.
- “Village”: This definition allows the Governor of a state to specify what constitutes a ‘village’ for the purposes of Part IX via a public notification. This includes the flexibility to group several smaller villages together to form a single ‘village’ for the purpose of constituting a village Panchayat. This definition forms the base unit of the rural local self-government structure.
Detailed Notes
- Article 243 is the first article in Part IX of the Indian Constitution.
- Part IX, “The Panchayats”, was inserted by the Constitution (Seventy-third Amendment) Act, 1992.
- Article 243 provides definitions for key terms used throughout Part IX (Articles 243 to 243O).
- These definitions ensure clarity and uniformity in interpreting the provisions related to Panchayati Raj Institutions.
- “District”: Refers to the administrative district within a state.
- “Gram Sabha”: Defined as a body of registered voters in the electoral rolls for a village within the area of a village Panchayat. It is the core democratic unit.
- “Intermediate level”: A level between village and district, determined by the Governor of a state by public notification. Not applicable to states with populations under 20 lakhs.
- “Panchayat”: An institution of self-government for rural areas, constituted under Article 243B, irrespective of its local name.
- “Panchayat area”: The geographical territory under the jurisdiction of a Panchayat.
- “Population”: Population count based on the last published census data. Used for determining representation and other criteria.
- “Village”: A unit specified by the Governor by public notification, which may include a single village or a group of villages, serving as the base for a village Panchayat.
- The phrase “unless the context otherwise requires” indicates that these definitions apply unless a specific provision in Part IX clearly implies a different meaning for a term in a particular context.
Additional Comments
- Article 243 is purely foundational, setting the stage for the subsequent mandatory and voluntary provisions concerning Panchayats.
- The definitions provided here are binding for the interpretation of all other articles within Part IX (243A to 243O).
- The definition of ‘Gram Sabha’ is crucial as it empowers the electorate at the village level, making it the direct democratic component of the PRIs. Subsequent articles assign specific roles and functions to the Gram Sabha.
- The definitions of ‘village’, ‘intermediate level’, and ‘district’ implicitly structure the possible three-tier system of Panchayats.
- The flexibility given to the Governor to specify ‘village’ and ‘intermediate level’ acknowledges the diverse geographical and demographic realities across different states.
- Understanding these basic terms is the first step in comprehending the constitutional mandate and framework for Panchayati Raj in India.
Summary
Article 243 of the Indian Constitution serves as the definitive glossary for Part IX, “The Panchayats”, which was incorporated by the 73rd Amendment Act, 1992. It provides precise definitions for key terms such as ‘district’, ‘Gram Sabha’ (the body of registered voters at the village level), ‘intermediate level’ (a potential tier between village and district), ‘Panchayat’ (the institution of rural self-government), ‘Panchayat area’ (its territory), ‘population’ (based on the latest census), and ‘village’ (as notified by the Governor). These definitions are fundamental to understanding the constitutional provisions governing Panchayati Raj Institutions and their structure, composition, and functions as detailed in the subsequent articles of Part IX.