UPSC GS Paper II: Local Government, 73rd and 74th Amendments, Panchayati Raj, Urban Bodies

Must?Know (20–25 detailed bullets)

• 73rd Constitutional Amendment Act, 1992 – added Part IX (Articles 243–243O) to Constitution, institutionalizing Panchayati Raj Institutions (PRIs) in rural areas; came into force on 24 April 1993.
• 74th Constitutional Amendment Act, 1992 – added Part IXA (Articles 243P–243ZG), establishing Municipalities in urban areas; also came into force on 1 June 1993.
• Article 243B – mandates constitution of Panchayats at village, intermediate, and district levels; states may not constitute intermediate level if population < 20 lakh (e.g., Arunachal Pradesh).
• Article 243Q – requires states to constitute three types of Municipalities: Nagar Panchayat (transitional areas), Municipal Council (small urban areas), Municipal Corporation (larger urban areas).
• Article 243C – provides for direct election of members to Panchayats; Chairpersons of Panchayats at district and intermediate levels to be elected indirectly.
• Article 243T – mandates reservation of one-third of seats in every Municipality for women; includes reservation within SC/ST categories.
• Article 243D – mandates reservation of one-third of seats for women in Panchayats; several states (e.g., Bihar, Madhya Pradesh) increased it to 50% via state laws.
• Article 243T(3) – allows states to provide for reservation of offices of Chairpersons in Municipalities for SCs, STs, and women.
• Article 243R – empowers state legislatures to enact laws for composition of Municipalities, including indirect election of Chairpersons and representation of MLAs, MPs, and officials.
• Eleventh Schedule – added by 73rd Amendment, contains 29 subjects (e.g., agriculture, minor irrigation, rural housing) over which Panchayats have authority.
• Twelfth Schedule – added by 74th Amendment, contains 18 subjects (e.g., urban planning, slum improvement, water supply) for Municipalities.
• Article 243G – empowers state governments to endow Panchayats with powers and authority for preparation and implementation of plans for economic development and social justice.
• Article 243W – similar to Article 243G, empowers Municipalities with functions listed in Twelfth Schedule.
• Article 243I – mandates constitution of State Finance Commissions (SFCs) every five years to review financial position of Panchayats and recommend principles for distribution of taxes, grants-in-aid.
• Article 243Y – similar to Article 243I, requires SFCs to review finances of Municipalities and recommend devolution of taxes and grants.
• 73rd Amendment applies to all states except Jammu & Kashmir (prior to 2019), Nagaland, Meghalaya, Mizoram, and areas under Sixth Schedule (e.g., Assam hills); Article 243M provides exceptions.
• 74th Amendment applies to all states uniformly; no exceptions like in 73rd Amendment.
• Article 243ZD – mandates constitution of District Planning Committee (DPC) in each district to consolidate Panchayat and Municipality plans into a draft development plan for the district.
• Article 243ZB – requires constitution of Metropolitan Planning Committee (MPC) in metropolitan areas with population > 10 lakh (e.g., Mumbai, Delhi) for preparing draft development plan.
• 73rd Amendment mandates fixed five-year term for Panchayats (Article 243E); if dissolved earlier, election must be held within six months.
• 74th Amendment mandates five-year term for Municipalities (Article 243U); similar dissolution and election rules apply.
• Ashok Mehta Committee (1978) recommended two-tier Panchayati Raj system (Zila Parishad and Mandal Panchayat); not implemented uniformly.
• G.V.K. Rao Committee (1985) recommended that Panchayats be the principal organ for planning and development at district level; influenced 73rd Amendment design.
• L.M. Singhvi Committee (1986) recommended constitutional recognition to PRIs and establishment of Panchayat Raj Finance Commission; key input for 73rd Amendment.
• State Election Commissions (Article 243K and 243ZA) are constitutionally mandated to conduct elections to Panchayats and Municipalities; independent of Election Commission of India.

Difficulty Level

Intermediate – requires understanding of constitutional provisions, exceptions, and interlinkages with state laws and institutions; questions often combine articles with functions or case law.

Common UPSC Traps (3–5 factual traps)

Trap: 73rd Amendment applies to all states including tribal areas – Fact: Article 243M(1) exempts Nagaland, Meghalaya, Mizoram, and areas under Sixth Schedule from Part IX; J&K was exempt until reorganization in 2019 (Constitution (Application to Jammu and Kashmir) Order, 2019).
Trap: Chairpersons of all Panchayat levels are directly elected – Fact: Article 243C(2) states Chairpersons of intermediate and district Panchayats shall be elected by and from among the elected members.
Trap: Twelfth Schedule gives Municipalities power over police and land – Fact: Police and land remain state subjects under Seventh Schedule; Twelfth Schedule includes urban planning and water supply but not core police functions.
Trap: State Finance Commission recommendations are binding – Fact: Article 243I(4) states recommendations are advisory; state government may accept or reject them (e.g., Tamil Nadu SFC reports often not fully implemented).

Practice MCQs (5–7 questions)

Question: Which of the following are correct regarding constitutional provisions for urban local bodies?

1. Article 243Q mandates the constitution of Nagar Panchayats in transitional areas.

2. Article 243T provides for reservation of one-third of seats for women in Municipalities.

3. Article 243ZB mandates Metropolitan Planning Committees in cities with population over 5 lakh.
A) 1 and 2 only
B) 2 and 3 only
C) 1 and 3 only
D) 1, 2 and 3
Answer: A
Explanation: Article 243Q and 243T are correctly stated; Article 243ZB mandates MPCs only in metropolitan areas with population over 10 lakh, not 5 lakh.
Why others fail: Option D is tempting due to confusion over population threshold for MPCs.

Question: The Eleventh Schedule of the Constitution of India is related to:
A) Powers, authority, and responsibilities of Municipalities
B) Subjects under the jurisdiction of Panchayats
C) Distribution of powers between Union and States
D) Special provisions for administration of tribal areas
Answer: B
Explanation: Eleventh Schedule, inserted by 73rd Amendment, lists 29 subjects like agriculture, minor irrigation, and rural housing for Panchayats.
Why others fail: Option A refers to Twelfth Schedule, not Eleventh.

Question: Which of the following statements about State Finance Commissions is correct?
A) They are constituted by the President every five years
B) Their recommendations are binding on the State Government
C) They review financial position of both Panchayats and Municipalities
D) They are mandated under Article 243I and Article 243Y
Answer: D
Explanation: Article 243I mandates SFC for Panchayats, Article 243Y for Municipalities; both require constitution every five years.
Why others fail: Option C is incorrect because separate SFCs or combined reports are state-dependent; not universally required to cover both.

Question: The District Planning Committee (DPC) under Article 243ZD is required to:
A) Approve all development projects in the district
B) Consolidate plans from Panchayats and Municipalities into a draft development plan
C) Supervise the functioning of Zila Parishads
D) Allocate funds to urban local bodies
Answer: B
Explanation: Article 243ZD(2) mandates DPC to consolidate plans prepared by Panchayats and Municipalities into a draft development plan for the district.
Why others fail: Option A overstates DPC's authority; it recommends, not approves, projects.

Question: Which of the following states is NOT exempted under Article 243M from the provisions of the 73rd Constitutional Amendment?
A) Nagaland
B) Mizoram
C) Sikkim
D) Meghalaya
Answer: C
Explanation: Article 243M(1) exempts Nagaland, Meghalaya, Mizoram, and areas under Sixth Schedule; Sikkim is not exempt and follows the Amendment.
Why others fail: Option A is tempting due to tribal autonomy concerns, but Nagaland is explicitly exempted.

Last?Minute Revision (20–25 one?liners)

• 73rd Amendment enacted in 1992, effective 24 April 1993.
• 74th Amendment enacted in 1992, effective 1 June 1993.
• Article 243M exempts Nagaland, Meghalaya, Mizoram, Sixth Schedule areas from Part IX.
• Eleventh Schedule has 29 subjects for Panchayats.
• Twelfth Schedule has 18 subjects for Municipalities.
• Reservation of one-third seats for women in both Panchayats (Art. 243D) and Municipalities (Art. 243T).
• Bihar, Madhya Pradesh, Himachal Pradesh have 50% women reservation in PRIs.
• Chairperson of Zila Parishad elected indirectly by members, not by direct vote.
• State Election Commission conducts PRI and urban body elections (Art. 243K, 243ZA).
• SFCs constituted every five years under Art. 243I and Art. 243Y.
• SFC recommendations are advisory, not binding.
• DPC under Art. 243ZD consolidates plans of Panchayats and Municipalities.
• MPC under Art. 243ZB for metros with population > 10 lakh.
• 74th Amendment has no exceptions like 73rd; applies to all states.
• Ashok Mehta Committee (1978) recommended two-tier system.
• G.V.K. Rao Committee (1985) emphasized district as unit of planning.
• L.M. Singhvi Committee (1986) recommended constitutional status for PRIs.
• Panchayats and Municipalities have fixed five-year term (Art. 243E, 243U).
• If Panchayat dissolved, election must be held within six months.
• Art. 243G empowers states to devolve powers to Panchayats based on Eleventh Schedule.
• Art. 243W enables devolution to Municipalities per Twelfth Schedule.
• Jammu & Kashmir included after 2019 reorganization via presidential order.
• MLAs and MPs can be members of DPC but not voting members.
• Urban local bodies not empowered over police or land revenue under Twelfth Schedule.
• verify from standard source: Number of states with 50% women reservation in ULBs.