Article 243G is a cornerstone of the 73rd Constitutional Amendment Act, 1992, which institutionalized Panchayati Raj in India. Situated in Part IX of the Constitution, this article outlines the functional domain and potential responsibilities of Panchayats, enabling them to act as effective units of local self-governance.
It grants the State Legislature the crucial power to delegate authority and responsibilities to Panchayats, thereby operationalizing the vision of decentralized planning and development at the grassroots level.
Original Text
243G. Powers, authority and responsibilities of Panchayats. - Subject to the provisions of this Constitution, the Legislature of a State may, by law, endow the Panchayats with such powers and authority as may be necessary to enable them to function as institutions of self-government and such law may contain provisions for the devolution of powers and responsibilities upon—
(a) the Panchayats at the appropriate level with respect to—
(i) the preparation of plans for economic development and social justice;
(ii) the implementation of schemes for economic development and social justice as may be entrusted to them including those in relation to the matters listed in the Eleventh Schedule;
(b) the Committees constituted under article 243S.
Detailed Explanation
Article 243G provides the legal basis for the State Legislatures to empower Panchayats. It recognizes Panchayats not merely as administrative units but as “institutions of self-government”. This is a significant aspect, implying that Panchayats are intended to have a degree of autonomy in their functioning within the framework defined by the State law.
The article grants the State Legislature the discretion to endow Panchayats with such powers and authority as it deems necessary. This means the specific powers, functions, and responsibilities of Panchayats are not directly enshrined in the Constitution but are determined by laws passed by the respective State Legislatures. This allows for flexibility based on the local conditions and administrative capacity of each state.
The article specifically mentions two key areas where powers and responsibilities can be devolved to Panchayats at the appropriate level (Village, Intermediate, or District):
- Planning: Panchayats can be made responsible for the preparation of plans for economic development and social justice. This signifies a shift towards bottom-up planning, where local needs and priorities are identified and integrated into development strategies.
- Implementation: Panchayats can be entrusted with the responsibility of implementing schemes for economic development and social justice. Crucially, this includes schemes related to the matters listed in the Eleventh Schedule of the Constitution. The Eleventh Schedule enumerates 29 subjects, ranging from agriculture, land improvement, and minor irrigation to poverty alleviation, education, health, sanitation, and maintenance of community assets. By linking implementation to these subjects, Article 243G provides the potential functional domain for Panchayats.
The devolution of powers can also extend to Committees constituted under Article 243S (relating to Wards Committees in municipalities, though the context here seems to relate to potential committees within Panchayats or related local bodies depending on State law interpretation in some contexts, primarily focusing on Panchayats themselves at different levels as per 243G(a)).
Essentially, Article 243G is the enabling provision that allows state governments to transfer actual administrative and functional control over various development and welfare activities to the Panchayati Raj Institutions, making them accountable for local governance and development outcomes.
Detailed Notes
- Article 243G is part of Part IX of the Constitution, introduced by the 73rd Amendment Act, 1992.
- It deals with the powers, authority, and responsibilities of Panchayats.
- Grants power to the Legislature of a State to endow Panchayats with powers and authority.
- This is done by law passed by the State Legislature.
- The purpose is to enable Panchayats to function as institutions of self-government.
- The powers and authority devolved should be necessary for this function.
- State law can contain provisions for devolution of powers and responsibilities upon Panchayats at the appropriate level (Village, Intermediate, District).
- Key areas of devolution mentioned:
- Preparation of plans for economic development and social justice.
- Implementation of schemes for economic development and social justice.
- Implementation of schemes includes those related to matters listed in the Eleventh Schedule.
- The Eleventh Schedule lists 29 subjects intended to be the functional domain of Panchayats.
- The extent of powers and specific subjects devolved varies from state to state, as it depends on state legislation.
- The article also mentions devolution upon Committees constituted under Article 243S (though primarily relates to Panchayats themselves).
- It makes Panchayats potential agents for bottom-up planning and execution of local development programs.
- This article is crucial for the effective decentralization of power and functions to the local level.
Additional Comments
- The actual effectiveness of Panchayats as institutions of self-government largely depends on the degree of powers, functions, and financial resources devolved by the State Legislature under Article 243G (and related articles like 243H).
- While the Eleventh Schedule lists potential subjects, it is not mandatory for states to transfer all 29 subjects to Panchayats. The devolution is discretionary for the State Legislature.
- The planning responsibility mentioned in 243G(a)(i) is operationalized through the preparation of Village Development Plans, Block Development Plans, and District Development Plans, which are supposed to feed into state-level planning.
- The phrase “subject to the provisions of this Constitution” means the State law must comply with other constitutional provisions.
Summary
Article 243G enables State Legislatures to empower Panchayats through law, granting them powers and authority necessary to function as institutions of self-government. This includes devolving responsibilities for preparing plans for economic development and social justice and implementing relevant schemes, specifically those related to the 29 subjects enumerated in the Eleventh Schedule. This article provides the constitutional basis for states to define the functional scope and responsibilities of local self-governing bodies at the Panchayat level.