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

Consider the following statements regarding the provisions of the 73rd Constitutional Amendment Act, 1992:

1. Indirect election to the office of chairperson of Panchayats at the intermediate and district levels is a compulsory provision.
2. Providing representation to Members of Parliament (MPs) and Members of Legislative Assemblies (MLAs) in Panchayats is a voluntary provision.
3. Reservation of one-third of total seats for women in Panchayats at all three levels is a voluntary provision.
4. Establishment of a State Finance Commission every five years to review the financial position of Panchayats is a compulsory provision.

Which of the statements given above are correct?

  1. 1, 2 and 4 onlyAnswer
  2. B
    1 and 3 only
  3. C
    2, 3 and 4 only
  4. D
    1, 2, 3 and 4

Answer

1, 2 and 4 only
Statements 1, 2, and 4 are correct. Under the 73rd Constitutional Amendment Act (Part IX), compulsory provisions include the indirect election of the chairperson at the intermediate and district levels (Article 243C(5)), 33% reservation of seats for women (Article 243D(3)), and the establishment of a State Finance Commission every five years (Article 243-I). Voluntary provisions include giving representation to MPs and MLAs in local bodies (Article 243C(3)). Since statement 3 incorrectly terms women's reservation as voluntary, only 1, 2, and 4 are correct.

Step-by-Step Solution

1
Analyze Statement 1
Under Article 243D/243C(5), the chairperson of a Panchayat at the intermediate and district levels must be elected indirectly by and from amongst the elected members thereof. This is a mandatory/compulsory provision.
Constitutional mandate under 73rd Amendment Act.
2
Analyze Statement 2
Providing representation to MPs and MLAs in Panchayats at different levels falling within their constituencies is left to the discretion of state legislatures, making it a voluntary provision.
Discretionary devolution clause under Article 243C(3).
3
Analyze Statement 3
Article 243D(3) mandates that not less than one-third of the total number of seats to be filled by direct election in every Panchayat shall be reserved for women. Thus, it is a compulsory provision, not a voluntary one.
Constitutional requirement for gender empowerment in local bodies.
4
Analyze Statement 4
Article 243-I mandates the Governor of a State to constitute a State Finance Commission every five years to review the financial position of Panchayats. This is a compulsory provision.
Mandated financial institution under Part IX.

Key Concept

Distinction between Compulsory and Voluntary Provisions of the 73rd Constitutional Amendment Act, 1992
Estimated Time:2m 0s
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Topics

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

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