Panchayati Raj: 73rd Amendment, PESA and the 11th Schedule — Local Governance Notes for UPSC

Quick Answer: What are the 73rd Amendment, PESA and the 11th Schedule?

Quick answer: The 73rd Constitutional Amendment Act, 1992 gave constitutional status to Panchayati Raj institutions by inserting Part IX (Articles 243 to 243-O) and the 11th Schedule, effective from 24 April 1993. It mandated a three-tier system — Gram Panchayat, Panchayat Samiti and Zila Parishad — with a uniform five-year tenure and reservations for SCs, STs and women. The PESA Act, 1996 extended these provisions to Fifth Schedule Scheduled Areas in ten states, with the Gram Sabha as the pivot of self-governance. The 11th Schedule lists 29 functional subjects devolvable to Panchayats under Article 243G. Together, these three components form the core of “local governance” questions in UPSC and State PSC exams.

Background: Balwant Rai Mehta Committee to the 73rd Amendment

Panchayati Raj was not born in 1992 — it travelled a long constitutional road:

• Article 40 (DPSP): The State shall organise village panchayats as units of self-government.
• Balwant Rai Mehta Committee (1957): Recommended a three-tier system and democratic decentralisation. Rajasthan became the first state to implement it (Nagaur, 2 October 1959).
• Ashok Mehta Committee (1977–78): Recommended a two-tier system (Zila Parishad and Mandal Panchayat) and constitutional status for PRIs.
• G.V.K. Rao (1985) and L.M. Singhvi (1986) Committees: Singhvi emphasised constitutional status and financial resources for Panchayats.
• 64th Amendment Bill (1989): Introduced by Rajiv Gandhi’s government; defeated in the Rajya Sabha.
• 73rd Amendment (1992): Passed under the Narasimha Rao government, effective 24 April 1993 — the “Year of Panchayats.”

Key Provisions of the 73rd Amendment Act, 1992

The Amendment inserted Part IX (the Panchayats), Articles 243 to 243-O, and the 11th Schedule into the Constitution:

• Article 243: Definitions — Gram Sabha, Panchayat, district, intermediate level.
• Article 243A: Gram Sabha powers as defined by state law.
• Article 243B: Constitution of Panchayats at three levels (intermediate tier optional for states with population under 20 lakh).
• Article 243C: Composition of Panchayats (direct election for all seats).
• Article 243D: Reservation of seats for SCs, STs and women (not less than one-third).
• Article 243E: Five-year tenure; elections within six months of dissolution.
• Article 243F: Disqualification of members.
• Article 243G: Powers, authority and responsibilities — the 29 subjects of the 11th Schedule.
• Article 243H: Power to impose taxes and authorise grants-in-aid.
• Article 243-I: State Finance Commission every five years.
• Article 243J: Audit of Panchayat accounts.
• Article 243K: State Election Commission — superintendence, direction and control of Panchayat elections.
• Article 243L: Application to Union Territories.
• Article 243M: Exemptions — Scheduled Areas, Nagaland, Meghalaya, Mizoram, etc. (gateway for PESA).
• Article 243N: Continuance of existing laws for one year.
• Article 243-O: Bar on court interference in electoral matters.

Note: Panchayati Raj is a State Subject (Entry 5, State List); the amendment provides a framework, while states legislate the details.

Three-Tier Panchayati Raj System Explained

Gram Sabha: Powers and Role

Article 243A empowers state legislatures to define the powers of the Gram Sabha — the general body of all registered voters of a village. It is the only directly democratic (non-representative) institution in the entire constitutional scheme: every adult villager is a member. The Gram Sabha approves village plans and budgets, selects beneficiaries for welfare schemes, and conducts social audits (e.g., under MGNREGA). Under PESA, its powers become decisive rather than advisory.

Reservations and State Election Commission

Article 243D mandates:

• Reservation of seats for SCs and STs in proportion to their population.
• Not less than one-third of seats reserved for women (including SC/ST women), including seats of chairpersons at all levels.
• Many states — Bihar, Madhya Pradesh, Rajasthan, Chhattisgarh, Maharashtra, Himachal Pradesh, Uttarakhand, among others — have raised women’s reservation to 50%.

Article 243K creates the State Election Commission (SEC), whose Commissioner is appointed by the Governor and removable like a High Court judge. The SEC conducts all Panchayat and municipal elections; its decisions on electoral rolls cannot be questioned in court (Article 243-O).

The 11th Schedule: 29 Subjects

Article 243G enables state legislatures to devolve powers on Panchayats for planning and implementation of 29 subjects listed in the 11th Schedule (added by the 73rd Amendment). Exam-ready grouping:

• Agriculture & allied (7): Agriculture including extension; land improvement, minor irrigation, water management and watershed development; animal husbandry, dairying and poultry; fisheries; social forestry and farm forestry; minor forest produce; maintenance of community assets.
• Infrastructure (5): Rural housing; drinking water; fuel and fodder; roads, culverts, bridges, ferries, waterways; rural electrification including distribution.
• Education & health (4): Education including primary and secondary schools; technical training and vocational education; adult and non-formal education; health and sanitation including hospitals, PHCs and dispensaries.
• Welfare & poverty (5): Family welfare; women and child development; social welfare including welfare of handicapped and mentally retarded; welfare of weaker sections, particularly SC/ST; public distribution system.
• Economic & others (8): Small-scale industries including food processing; khadi and village industries; markets and fairs; maintenance of community assets (counted above as part of allied); non-conventional energy sources; poverty alleviation programme; libraries; cultural activities.

Memory trick: “AAI WEP-KFM” — Agriculture, Allied infrastructure, Industry, Welfare, Education, Poverty, Khadi, Fairs/markets, Misc (libraries, culture, energy). Also remember: the 11th Schedule has 29 subjects for Panchayats; the 12th Schedule has 18 for Municipalities.

PESA Act, 1996: Extension to Scheduled Areas

Article 243M exempted Fifth Schedule Scheduled Areas from Part IX. Parliament enacted the Provisions of the Panchayats (Extension to the Scheduled Areas) Act, 1996 (PESA) to extend Panchayati Raj with modifications suited to tribal areas.

Ten states covered: Andhra Pradesh, Telangana, Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, Madhya Pradesh, Maharashtra, Odisha and Rajasthan.

Key PESA features:

• Gram Sabha supremacy: Competent to safeguard customs, community resources and customary dispute resolution.
• Consultation with the Gram Sabha mandatory before land acquisition or resettlement/rehabilitation of Scheduled Tribes.
• Ownership of minor forest produce; powers over minor minerals, village markets, moneylending, and control over institutions and functionaries in social sectors.
• Every village community’s resources — land, water, forests — are to be managed by the Gram Sabha.

Exam caution: PESA rules have been fully framed only by some states (e.g., Maharashtra was the first, 2014); implementation gaps are a standard Mains point.

Tabulated One-Pager: Linking the Three Components

State PSC and UPSC Question Patterns

• UPSC Prelims: Fact-based match-the-following — article numbers, 29 vs 18 subjects, 243 vs 243ZD, PESA states, SEC composition. Example pattern: “Which of the following are in the 11th Schedule?”
• UPSC Mains GS-II: Analytical — devolution of funds-functions-functionaries (3Fs), PESA implementation gaps, women’s representation (50% reservation studies), Gram Sabha as an institution of direct democracy.
• State PSCs (BPSC, MPPSC, RAS, UPPCS): Heavier on state-specific facts — tier names, women’s reservation percentage in that state, PESA status, State Finance Commission recommendations. Expect questions like “Who is the executive head of a Panchayat Samiti?”

Practice MCQs and Answer Key

1. The 73rd Amendment came into force on: (a) 1 June 1993 (b) 24 April 1993 (c) 26 January 1993 (d) 15 August 1992
2. Which article deals with the State Election Commission? (a) 243-I (b) 243K (c) 243G (d) 243M
3. The number of subjects in the 11th Schedule is: (a) 18 (b) 29 (c) 47 (d) 12
4. PESA 1996 extends Panchayat provisions to: (a) Sixth Schedule areas (b) Fifth Schedule Scheduled Areas (c) North-Eastern Council areas (d) All border districts
5. Minimum reservation for women in Panchayats: (a) one-fourth (b) one-third (c) one-half (d) as fixed by each district
6. Which state was first to implement Panchayati Raj (1959)? (a) Gujarat (b) Andhra Pradesh (c) Rajasthan (d) Maharashtra
7. Under PESA, ownership of minor forest produce vests in: (a) State government (b) Gram Sabha / village community (c) Zila Parishad (d) Forest Department
8. Elections to reconstitute a dissolved Panchayat must be held within: (a) 3 months (b) 6 months (c) 1 year (d) before the next general election

Answers: 1-(b) Effective 24 April 1993. 2-(b) Article 243K. 3-(b) 29 subjects under Article 243G. 4-(b) Fifth Schedule areas in 10 states. 5-(b) Not less than one-third; many states have 50%. 6-(c) Rajasthan, Nagaur district, 2 October 1959. 7-(b) Village community/Gram Sabha. 8-(b) Six months under Article 243E, with the remainder of the five-year term.

Revision Snapshot and Related Topics

• 73rd Amendment → Part IX, Articles 243–243-O, 11th Schedule, in force 24 April 1993.
• Three tiers, direct elections, 5-year tenure, SC/ST proportional + ⅓ women reservation, SEC, State Finance Commission.
• 11th Schedule = 29 subjects; 12th Schedule = 18 subjects (Municipalities).
• PESA 1996 = Fifth Schedule, 10 states, Gram Sabha supremacy, minor forest produce.
• Related: 74th Amendment and Municipalities; District Planning Committee (Article 243ZD); Gram Sabha under MGNREGA social audit.

For authoritative reference, consult the Government of India portal and the text of the Constitution (Seventy-third Amendment) Act, 1992 on the Legislative Department website, and the Ministry of Panchayati Raj at panchayat.gov.in.

Frequently Asked Questions

Q: When did the 73rd Amendment come into force?

It was passed in 1992 and came into force on 24 April 1993, giving constitutional status to Panchayats through Part IX and the 11th Schedule.

Q: How many subjects are in the 11th Schedule?

29 subjects are devolvable to Panchayats under Article 243G.

Q: Which states are covered under PESA?

Ten states with Fifth Schedule Scheduled Areas: Andhra Pradesh, Telangana, Chhattisgarh, Madhya Pradesh, Rajasthan, Maharashtra, Odisha, Jharkhand, Gujarat and Himachal Pradesh.

Q: What is the minimum reservation for women in Panchayats?

Not less than one-third of seats (including chairperson seats); many states have raised it to 50%.

Q: What is the tenure of a Panchayat?

Five years; if dissolved earlier, elections must be held within six months under Article 243E.

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