Difference Between the 73rd and 74th Constitutional Amendments
Difference Between the 73rd and 74th Constitutional Amendments
1. Background
Both Amendments were enacted in 1992 and came into force in 1993.
They were introduced to strengthen local self-government in rural and urban areas respectively.
Aim: To promote decentralization of power and ensure democratic governance at the grassroots.
2. Overview of the Amendments
| Amendment | 73rd Constitutional Amendment | 74th Constitutional Amendment |
|---|---|---|
| Focus | Panchayati Raj Institutions (Rural local bodies) | Urban Local Bodies (Municipalities) |
| Applicable Area | Rural areas | Urban areas |
| Part of Constitution | Added Part IX - “The Panchayats” | Added Part IXA - “The Municipalities” |
| Objective | To promote democracy and self-government in villages | To improve governance in urban areas |
| Effective Date | April 24, 1993 | April 24, 1993 |
3. Detailed Differences
| Aspect | 73rd Amendment (Panchayats) | 74th Amendment (Municipalities) |
|---|---|---|
| Area of Operation | Rural areas (villages, blocks, districts) | Urban areas (municipal corporations, municipalities, nagar panchayats) |
| Constitutional Part Added | Part IX: Articles 243 to 243O | Part IXA: Articles 243P to 243ZG |
| Three-tier Structure | Mandatory three-tier Panchayati Raj system: - Village level (Gram Panchayat) - Intermediate level (Block Panchayat) - District level (Zila Parishad) | No mandatory three-tier structure; based on population size, urban local bodies are: - Nagar Panchayat (transitional area) - Municipal Council (smaller urban area) - Municipal Corporation (larger urban area) |
| Reservation of Seats | Reservation for SC/ST, women (not less than 1/3 seats), and backward classes in all three tiers | Similar reservation for SC/ST, women (not less than 1/3 seats), and backward classes in urban bodies |
| Duration of Term | 5 years for Panchayats | 5 years for Municipalities |
| State Election Commission | Powers to supervise Panchayat elections | Powers to supervise Municipal elections |
| Finance Commission | State Finance Commission to recommend financial devolution to Panchayats | State Finance Commission for Urban Local Bodies |
| Functions | Subjects listed in Eleventh Schedule (29 subjects) including agriculture, health, education, water, etc. | Subjects listed in Twelfth Schedule (18 subjects) including urban planning, roads, water supply, sanitation, fire services, etc. |
| Administrative Control | States can confer powers and authority to Panchayats | States can confer powers and authority to Municipalities |
| Key Schedule | Eleventh Schedule | Twelfth Schedule |
4. Significance of the Schedules
Eleventh Schedule (in 73rd Amendment) lists subjects like agriculture, social forestry, rural development, etc., assigned to Panchayats.
Twelfth Schedule (in 74th Amendment) lists subjects related to urban governance like urban planning, water supply, sanitation, urban poverty alleviation, fire services, etc.
5. Purpose and Impact
| 73rd Amendment | 74th Amendment |
|---|---|
| Strengthened Panchayati Raj Institutions for grassroots democracy | Strengthened Municipalities for effective urban governance |
| Provided constitutional status and fixed tenure for Panchayats | Provided constitutional status and fixed tenure for Municipalities |
| Empowered rural local bodies to plan and implement development programs | Empowered urban local bodies for planning and service delivery |
6. Relevant Case Law
A. K.R. Lakshmanan v. State of Tamil Nadu (1996)
Recognized the constitutional status of Panchayats under the 73rd Amendment.
Emphasized the importance of Panchayati Raj Institutions for rural governance and democracy.
B. T.N. Association for the Welfare of the Physically Handicapped v. Union of India (1996)
Discussed the powers and responsibilities of Municipalities under the 74th Amendment.
Highlighted the need for effective urban governance through empowered municipalities.
C. State of Karnataka v. Union of India (2006)
Affirmed the importance of both amendments in promoting decentralized governance.
Clarified the role of State Governments in devolving powers to local bodies as per the schedules.
7. Summary Table of Differences
| Feature | 73rd Amendment (Panchayats) | 74th Amendment (Municipalities) |
|---|---|---|
| Area of Governance | Rural | Urban |
| Constitutional Part | Part IX (Articles 243-243O) | Part IXA (Articles 243P-243ZG) |
| Structure | Three-tier mandatory (Village, Block, District) | Not necessarily three-tier; depends on urban area |
| Schedule of Subjects | Eleventh Schedule | Twelfth Schedule |
| Reservation | SC/ST, women (1/3), OBCs | SC/ST, women (1/3), OBCs |
| Finance Commission | State Finance Commission for Panchayats | State Finance Commission for Municipalities |
| Election Supervision | State Election Commission | State Election Commission |
| Term Duration | 5 years | 5 years |
8. Conclusion
The 73rd Amendment primarily empowers rural local governance through Panchayati Raj Institutions, ensuring participatory democracy at the village level.
The 74th Amendment focuses on urban local governance, aiming to improve efficiency and accountability of Municipalities in cities and towns.
Both amendments are cornerstones of India’s decentralization policy, aimed at strengthening democracy and improving delivery of services at the grassroots and urban levels respectively.
They complement each other in covering the entire spectrum of local self-government in India.
RELATED Blog
0 comments