The 73rd and 74th Amendments, which first introduced reservation for women in elected bodies
Context- A law to reserve seats for women in Parliament and Assemblies had been hanging fire since the mid-Nineties. However, several years before the Bill was first brought in Parliament by the government of Prime Minister H D Deve Gowda, two breakthrough amendments to the Constitution had resulted in reservation for women in rural and urban local bodies.
(Credits- The wire)
The Constitution 73rd and 74th Amendment Acts, enacted when P V Narasimha Rao was Prime Minister, mandated the reservation of one-third of seats for women in Panchayati Raj institutions and offices of the chairperson at all levels of Panchayati Raj institutions, and in urban local bodies respectively.
Background to the amendments
- Back in 1957, the Balwant Rai Mehta committee recommended that an agency should be set up at the village level, which would represent the village community’s interests, and carry out the government’s development programmes.
- The Committee suggested the early establishment of elected local bodies and the devolution of necessary resources, power, and authority to them.
- In 1977, the Asoka Mehta Committee suggested changing the concept of Panchayati Raj to a political institution. The Committee observed that Panchayati Raj Institutions had failed to live up to their promise, and suggested measures to strengthen the system.
- The Committee identified an unsympathetic bureaucracy, absence of political will, and lack of clarity over the institution’s role as the reasons for its undermining.
New local self-governance laws
- The 73rd and 74th Constitution Amendment Acts established local self-governance in rural and urban India respectively. The two amendments were added to the Constitution’s Part IX, titled “The Panchayats” and Part IXA titled “The Municipalities” respectively.Following the two amendments, panchayats and municipalities were termed as “institutions of self-government”.
- The gram sabha became the basic unit of a democratic system in villages. In municipalities, the term “ward committees” was used. These bodies consisted of all adult citizens registered as voters, and the panchayat or municipality was made accountable to them.
- Direct elections for all three tiers of governance — gram panchayat at village level, taluka or block panchayat at the intermediate level, and zila panchayat or parishad at district level — were introduced. States with a population of less than 20 lakh were exempted.
- Out of the total 1/3rd seats reserved for women, 33% had to be reserved for the Scheduled Castes and Scheduled Tribes. Importantly, one-third of the seats of office-bearers and chairpersons at all levels had to be reserved for women as well.
- A five-year-tenure was prescribed for each body, and elections to the successor body had to finish before the previous body’s term expired. In case of the body’s dissolution, an election had to be conducted within 6 months compulsorily.
- There would also be a State Election Commission in each state for superintendence, direction, and control of the electoral rolls for these elections.
- Under Article 243G, panchayats were tasked with preparing plans for economic development and social justice on subjects in the Eleventh Schedule, including agriculture, land, irrigation, animal husbandry, fisheries, cottage industries, and drinking water.
- The 74th Amendment also provided for the setting up of District Planning Committees to consolidate the plans prepared by panchayats and municipalities.
Conclusion- Increased representation of women in Parliament and state legislatures will not only ensure political empowerment of 50 percent of the population , but also, it will improve decision making quality, help highlight women’s concerns and ensure inclusive development going forward.
Syllabus- GS-2; Local bodies
Source- Indian Express
