THE CONSTITUTION (SEVENTY-THIRD AMENDMENT) ACT, 1992

[20th April, 1993.]

An Act further to amend the Constitution of India.

BE it enacted by Parliament in the Forty-third Year of the Republic of India as follows:-

1. Short title and commencement. (1) This Act may be called the Constitution (Seventy-
third Amendment) Act, 1992.
(2) It shall come into force on such date as the Central Government may, by notification
in the Official Gazette, appoint.

2. Insertion of new Part IX. After Part VIII of the Constitution, the following Part shall be
inserted, namely:-

PART IX
THE PANCHAYATS

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.

243A. Gram Sabha.- A Gram Sabha may exercise such powers and perform such
functions at the village level as the Legislature of a State may, by law, provide.

243B. Constitution of Panchayats.- (1) There shall be constituted in every State,

Panchayats at the village, intermediate and district levels in accordance with the
provisions of this Part.
(2) Notwithstanding anything in clause (1), Panchayats at the in- termediate level may not
be constituted in a State having a population not exceeding twenty lakhs.

243C. Composition of Panchayats.- (1) Subject to the provisions of this Part, the
Legislature of a State may, by law, make provisions with respect to the composition of
Pancayats: Provided that the ratio between the population of the territorial area of a
Panchayat at any level and the number of seats in such Panchayat to be filled by election
shall, so far as practicable, be the same throughout the State.
(2) All the seats in a Panchayat shall be filled by persons chosen by direct election from
territorial constituencies in the Panchayat area and; for this purpose, each Panchayat area
shall be divided into territorial constituencies in such manner that the ratio between
the population of each constituency and the number of seats allotted to it shall, so far as
practicable, be the same throughout the Panchayat area.
(3) The Legislature of a State may, by law, provide for the re- presentation-
(a) of the Chairpersons of the Panchayats at the village level, in the Panchayats at the
intermediate level or, in the case of a State not having Panchayats at the intermediate
level, in the Pancayats at the district level;
(b) of the Chairpersons of the Panchayats at the intermediate level, in the Panchayats at
the district level;
(c) of the members of the House of the People and the members of the Legislative
Assembly of the State representing constituencies which comprise wholly or partly a
Panchayat area at a level other than the village level, in such Panchayat;
(d) of the members of the Council of States and the members of the Legislative Council
of the State, where they are registered as electors within-
(i) a Panchayat area at the intermediate level, in Panchayat at the intermediate level;
(ii) a Panchayat area at the district level, in Panchayat at the district level.
(4) The Chairperson of a Panchayat and other members of a Panchayat whether or not
chosen by direct election from territorial constituencies in the Panchayat area shall have
the right to vote in the meetings of the Panchayats.
(5) The Chairperson of -
(a) a Panchayat at the village level shall be elected in such manner as the Legislature of a
State may, by law, provide; and (b) a Panchayat at the intermediate level or district level
shall be elected by, and from amongst, the elected members thereof.

243D. Reservation of seats.- (1) Seats shall be reserved for- (a) the Scheduled Castes;
and (b) the Scheduled Tribes, in every Panchayat and the number of seats of reserved
shall bear, as nearly as may be, the same proportion to the total number of seats to be
filled by direct election in that Panchayat as the population of the Scheduled Castes in
that Panchayat area or of the Scheduled Tribes in that Panchayat area bears to the total
population of that area and such seats may be allotted by rotation to different
constituencies in a Panchayat.
(2) Not less than one-third of the total number of seats reserved under clause (1) shall be
reserved for women belonging to the Scheduled Castes or, as the case may be, the
Scheduled Tribes.
(3) Not less than one-third (including the number of seats reserved for women belonging
to the Scheduled Castes and the Scheduled Tribes) of the total number of seats to be filled
by direct election in every Panchayat shall be reserved for women and such seats may be
allotted by rotation to different constituencies in a Panchayat.
(4) The offices of the Chairpersons in the Panchayats at the village or any other level
shall be reserved for the Scheduled Castes, the Scheduled Tribes and women in such
manner as the Legislature of a State may, by law, provide.
Provided that the number of offices of Chairpersons reserved for the Scheduled Castes
and the Scheduled Tribes in the Panchayats at each level in any State shall bear, as nearly
as may be, the same proportion to the total number of such offices in the Panchayats
at each level as the population of the Scheduled Castes in the State or of the Scheduled
Tribes in the State bears to the total population of the State.
Provided further that not less than one-third of the total number of offices of
Chairpersons in the Panchayats at each level shall be reserved for women:
Provided also that the number of offices reserved under this clause shall be allotted by
rotation to different Panchayats at each level.
(5) The reservation of seats under clauses (1) and (2) and the reservation of offices of
Chairpersons (other than the reservation for women) under clause (4) shall cease to have
effect on the expiration of the period specified in article 334.
(6) Nothing in this Part shall prevent the Legislature of a State from making any
provision for reservation of seats in any Panchayat or offices of Chairpersons in the
Panchayats at any level in favour of backward class of citizens.

243E. Duration of Panchayats, etc.- (1) Every Panchayat, unless sooner dissolved under
any law for the time being in force, shall continue for five years from the date appointed
for its first meeting and no longer.
(2) No amendment of any law for the time being in force shall have the effect of causing
dissolution of a Panchayat at any level, which is functioning immediately before such
amendment, till the expiration of its duration specified in clause (1).
(3) An election to constitute a Panchayat shall be completed- (a) before the expiry of its
duration specified in clause (1); (b) before the expiration of a period of six months from
the date of its dissolution:
Provided that where the remainder of the period for which the dissolved Panchayat would
have continued is less than six months, it shall not be necessary to hold any election
under this clause for constituting the Panchayat for such period.
(4) A Panchayat constituted upon the dissolution of a Panchayat before the expiration of
its duration shall continue only for the remainder of the period for which the dissolved
Panchayat would have continued under clause (1) had it not been so dissolved.

243F. Disqualifications for membership.-(1) A person shall be disqualified for being

chosen as, and for being, a member of a Panchayat-
(a) if he is so disqualified by or under any law for the time being in force for the purposes
of elections to the Legislature of the State concerned:
Provided that no person shall be disqualified on the ground that he is less than twenty-
five years of age, if he has attained the age of twenty-one years;
(b) if he is so disqualified by or under any law made by the Legislature of the State.
(2) If any question arises as to whether a member of a Panchayat has become subject to
any of the disqualifications mentioned in clause (1), the question shall be referred for the
decision of such authority and in such manner as the Legislature of a State may, by law,
provide.

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 Panchayats at the appropriate level, subject to such conditions
as may be specified therein, with respect to-
(a) the preparation of plans for economic development and social justice;
(b) 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.

243H. Powers to impose taxes by, and Funds of, the Panchayats.-The Legislature of a
State may, by law,-
(a) authorise a Panchayat to levy, collect and appropriate such taxes, duties, tolls and fees
in accordance with such procedure and subject to such limits;
(b) assign to a Panchayat such taxes, duties, tolls and fees levied and collected by the
State Government for such purposes and subject to such conditions and limits;
(c) provide for making such grants-in-aid to the Panchayats from the Consolidated Fund
of the State; and
(d) provide for Constitution of such Funds for crediting all moneys received, respectively,
by or on behalf of the Panchayats and also for the withdrawal of such moneys therefrom,
as may be specified in the law.

243-I. Constitution of Finance Commission to review financial position.-(1) The

Governor of a State shall, as soon as may be within one year from the commencement of
the Constitution (Seventy-third Amendment) Act, 1992, and thereafter at the expiration
of every fifth year, constitute a Finance Commission to review the financial position of
the Panchayats and to make recommendations to the Governor as to-
(a) the principles which should govern-
(i) the distribution between the State and the Panchayats of the net proceeds of the taxes,
duties, tolls and fees leviable by the State, which may be divided between them under this
Part and the allocation between the Panchayats at all levels of their respective shares of
such proceeds;
(ii) the determination of the taxes, duties, tolls and fees which may be assigned to, or
appropriated by, the Panchayat;
(iii) the grants-in-aid to the Panchayats from the Consolidated Fund of the State;
(b) the measures needed to improve the financial position of the Panchayats;
(c) any other matter referred to the Finance Commission by the Governor in the interests
of sound finance of the Panchayats.
(2) The Legislature of a State may, by law, provide for the composition of the
commission, the qualifications which shall be requisite for appointment as members
thereof and the manner in which they shall be selected.
(3) The Commission shall determine their procedure and shall have such powers in the
performance of their functions as the Legislature of the
State may, by law, confer on them.
(4) The Governor shall cause every recommendation made by the Commission under this
article together with an explanatory memorandum as to the action taken thereon to be laid
before the Legislature of the State.

243J. Audit of accounts of Panchayats.- The Legislature of a State may, by law, make
provisions with respect to the maintenance of accounts by the Panchayats and the
auditing of such accounts.

243K. Elections to the Panchayats.-(1) The superintendence, direction and control of the
preparation of electoral rolls for, and the conduct of, all elections to the Panchayats shall
be vested in a State Election Commission consisting of a State Election Commissioner to
be appointed by the Governor.
(2) Subject to the provisions of any law made by the Legislature of a State, the conditions
of service and tenure of office of the State Election Commissioner shall be such as the
Governor may by rule determine:
Provided that the State Election Commissioner shall not be removed from his office
except in like manner and on the like grounds as a Judge of a High Court and the
conditions of service of the State Election Commissioner shall not be varied to his
disadvantage after his appointment.
(3) The Governor of a State shall, when so requested by the State Election Commission,
make available to the State Election Commission such staff as may be necessary for the
discharge of the functions con- ferred on the State Election Commission by clause (1).
(4) Subject to the provisions of this Constitution, the Legislature of a State may, by law,
make provision with respect to all matters relating to, or in connection with, elections to
the Panchayats.

243L. Application to Union territories.-The provisions of this Part shall apply to the
Union territories and shall, in their application to a Union territory, have effect as if the
references to the Governor of a State were references to the Administrator of the Union
territory appointed under article 239 and references to the Legislature or the Legislative
Assembly of a State were references, in relation to a Union territory having a Legislative
Assembly, to that Legislative Assembly:
Provided that the President may, by public notification, direct that the provisions of this
Part shall apply to any Union territory or part thereof subject to such exceptions and
modifications as he may specify in the notification.

243M. Part not to apply to certain areas.-(1) Nothing in this Part shall apply to the
Scheduled Areas referred to in clause (1), and the tribal areas referred to in clause (2), of
article 244. (2) Nothing in this Part shall apply to- (a) the States of Nagaland, Meghalaya
and Mizoram;
(b) the Hill Areas in the State of Manipur for which District Councils exist under any law
for the time being in force.
(3) Nothing in this Part-
(a) relating to Panchayats at the district level shall apply to the hill areas of the District of
Darjeeling in the State of West Bengal for which Darjeeling Gorkha Hill Council exists
under any law for the time being in force;
(b) shall be construed to affect the functions and powers of the Darjeeling Gorkha Hill
Council constituted under such law.
(4) Notwithstanding anything in this Constitution,-
(a) the Legislature of a State referred to in sub-clause (a) of clause (2) may, by law,
extend this Part to that State, except the areas, if any, referred to in clause (1), if the
Legislative Assembly of that State passes a resolution to that effect by a majority of the
total membership of that House and by a majority of not less than two-thirds of the
members of that House present and voting;
(b) Parliament may, by law, extend the provisions of this Part to the Scheduled Areas and
the tribal areas referred to in clause (1) subject to such exceptions and modifications as
may be specified in such law, and no such law shall be deemed to be an amendment of
this Constitution for the purposes of article 368.

243N. Continuance of existing laws and Panchayats.-Notwithstanding anything in this

Part, any provision of any law relating to Panchayats in force in a State immediately
before the commencement of the Constitution (Seventy-third Amendment) Act, 1992,
which is inconsistent with the provisions of this Part, shall continue to be in force until
amended or repealed by a competent Legislature or other competent authority or until the
expiration of one year from such commencement, whichever is earlier:
Provided that all the Panchayats existing immediately before such commencement shall
continue till the expiration of their duration, unless sooner dissolved by a resolution
passed to that effect by the Legislative Assembly of that State or, in the case of a State
having a Legislative Council, by each House of the Legislature of that State.

243O. Bar to interference by courts in electoral matters.- Notwithstanding anything in

this Constitution,-
(a) the validity of any law relating to the delimitation of constituencies or the allotment of
seats to such constituencies, made or purporting to be made under article 243K, shall not
be called in question in any court;
(b) no election to any Panchayat shall be called in question except by an election petition
presented to such authority and in such manner as
is provided for by or under any law made by the Legislature of a State.'.
Constitution, after sub-clause (b), the following sub-clause shall be inserted, namely:-
“(bb) the measures needed to augment the Consolidated Fund of a State to supplement
the resources of the Panchayats in the State on the basis of the recommendations made by
the Finance Commission of the State;”.

Constitution, the following Schedule shall be added, namely:-

“ELEVENTH SCHEDULE

(Article 243G)
1. Agriculture, including agricultural extension.
2. Land improvement, implementation of land reforms, land consolidation and soil
conservation.
3. Minor irrigation, water management and watershed development.
4. Animal husbandry, dairying and poultry.
5. Fisheries.
6. Social forestry and farm forestry.
7. Minor forest produce.
8. Small scale industries, including food processing industries.
9. Khadi, village and cottage industries.
10. Rural housing.
11. Drinking water.
12. Fuel and fodder.
13. Roads, culverts, bridges, ferries, waterways and other means of communication.
14. Rural electrification, including distribution of electricity.
15. Non-conventional energy sources.
16. Poverty alleviation programme.
17. Education, including primary and secondary schools.
18. Technical training and vocational education.
19. Adult and non-formal education.
20. Libraries.
21. Cultural activities.
22. Markets and fairs.
23. Health and sanitation, including hospitals, primary health centres and dispensaries.
24. Family welfare.
25. Women and child development.
26. Social welfare, including welfare of the handicapped and mentally retarded.
27. Welfare of the weaker sections, and in particular, of the Scheduled Castes and the
Scheduled Tribes.
28. Public distribution system.
29. Maintenance of community assets.”.