Local government (73rd & 74th Amendments, Panchayati Raj)
The 73rd and 74th Amendments (1992) gave constitutional status to Panchayati Raj and urban local bodies—architecture, Eleventh/Twelfth Schedules, finance and elections.
From Directive Principle to Constitutional Mandate
Local self-government appeared first only as a Directive Principle: Article 40 directs the State to organise village panchayats as units of self-government. For four decades panchayats lived at the mercy of state statutes—irregularly constituted, rarely funded, frequently superseded. The Balwant Rai Mehta Committee (1957) proposed a three-tier system; Rajasthan inaugurated Panchayati Raj at Nagaur on 2 October 1959, followed by Andhra Pradesh. The Ashok Mehta Committee (1978) recommended a two-tier model and constitutional status. The L.M. Singhvi Committee (1986) explicitly urged constitutionalising local government.
The breakthrough came with the Constitution (73rd Amendment) Act, 1992 (rural) and the Constitution (74th Amendment) Act, 1992 (urban), both effective 24 April 1993 and 1 June 1993 respectively. The 73rd inserted Part IX (Articles 243 to 243-O) and the Eleventh Schedule (29 subjects). The 74th inserted Part IX-A (Articles 243-P to 243-ZG) and the Twelfth Schedule (18 subjects). These amendments converted local government from a state-discretionary subject into a constitutional obligation.
The Three-Tier Panchayat Structure
Article 243-B mandates panchayats at the village, intermediate and district levels, with the intermediate tier optional for states with population below 20 lakh. Article 243-C provides that all seats be filled by direct election from territorial constituencies. Article 243-D reserves seats for Scheduled Castes and Scheduled Tribes in proportion to their population, and reserves not less than one-third of all seats (and chairperson posts) for women—a figure many states have since raised to 50%.
Article 243-E fixes the term at five years; if a panchayat is dissolved early, fresh elections must be held within six months. Article 243-F lays down disqualifications, importing the state legislature's disqualification rules and setting the minimum age to contest at 21 years. Article 243-G empowers legislatures to devolve powers for economic development and social justice, with reference to the Eleventh Schedule.
Urban Local Bodies under Part IX-A
The 74th Amendment classifies urban bodies into Nagar Panchayats (transitional areas), Municipal Councils (smaller urban areas) and Municipal Corporations (larger urban areas) under Article 243-Q. Article 243-ZD mandates a District Planning Committee to consolidate panchayat and municipal plans; Article 243-ZE mandates a Metropolitan Planning Committee for areas above ten lakh population. Article 243-W references the Twelfth Schedule subjects—urban planning, water supply, slum improvement, urban poverty alleviation. Crucially, Article 243-ZA vests superintendence of municipal elections in the State Election Commission, mirroring the rural provision.