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Difficulty: MediumLocal Self-Government: Panchayati Raj and Urban Local Bodies (73rd & 74th Amendments)

With reference to the constitutional provisions governing Panchayati Raj Institutions under Part IX (73rd Constitutional Amendment Act, 1992) of the Constitution of India, which of the following statements are correct?

  1. The State Election Commissioner is appointed by the Governor and can only be removed from office in the manner and on the grounds specified for a Judge of a High Court.Answer
  2. B
    A Panchayat constituted upon the premature dissolution of an existing Panchayat before the expiration of its duration shall continue for a fresh full term of five years.
  3. C
    The 73rd Constitutional Amendment Act mandates a three-tier system of Panchayati Raj at the village, intermediate, and district levels for all States without any population threshold exemption.
  4. The State Finance Commission is constituted by the Governor every five years under Article 243-I to review the financial position of the Panchayats and recommend principles for revenue distribution.Answer

Answer

The correct statements are that the State Election Commissioner is appointed by the Governor and removed like a High Court Judge, and that the State Finance Commission is constituted every five years by the Governor under Article 243-I.
The statements describing the removal procedure of the State Election Commissioner (same as a High Court Judge under Article 243K) and the constitution of the State Finance Commission by the Governor every five years (under Article 243-I) accurately state constitutional facts under Part IX.

Step-by-Step Solution

1
Analyze the provision regarding the State Election Commission (Article 243K)
Article 243K(2) specifies that the Governor appoints the State Election Commissioner, and conditions of service/tenure cannot be varied to their disadvantage after appointment. Removal requires the same procedure as a High Court Judge.
Ensures independence of the election machinery at the local governance level.
2
Examine the tenure rule for Panchayats constituted after premature dissolution (Article 243E)
Article 243E(4) explicitly states that a Panchayat elected after early dissolution serves only the remaining portion of the original 5-year tenure.
Prevents alignment shifts and maintains synchronization of electoral cycles.
3
Check the structural tiers mandate under Article 243B
Article 243B(2) provides an exemption: states with a population below 20 lakhs need not establish the intermediate level tier.
Provides administrative flexibility for smaller states.
4
Verify the provisions for the State Finance Commission under Article 243-I
Article 243-I requires the Governor to constitute a State Finance Commission every five years to advise on fiscal devolution to local bodies.
Ensures financial autonomy and structured resource transfer to Panchayats.

Key Concept

Constitutional provisions under Part IX (Articles 243 to 243O) regulating tenure, election machinery, financial devolution, and structural tiers of Panchayati Raj Institutions.
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Topics

Local Self-Government: Panchayati Raj and Urban Local Bodies (73rd & 74th Amendments)

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