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

Under Part IX of the Constitution of India (73rd Constitutional Amendment Act), which of the following provisions correctly governs the tenure and election requirements of a Panchayat constituted upon the premature dissolution of an existing Panchayat?

  1. A
    The newly constituted Panchayat continues for a fresh full term of five years from the date appointed for its first meeting.
  2. The newly constituted Panchayat continues only for the remainder of the period for which the dissolved Panchayat would have continued.Answer
  3. C
    If the remainder of the period for which the dissolved Panchayat would have continued is less than six months, an election to constitute the new Panchayat must still be held within thirty days.
  4. D
    Elections to constitute a new Panchayat upon premature dissolution must be completed within a period of nine months from the date of its dissolution.

Answer

A Panchayat constituted upon the dissolution of a Panchayat before the expiration of its duration continues only for the remainder of the period for which the dissolved Panchayat would have continued.
According to Article 243E(4) of Part IX of the Constitution, a Panchayat constituted upon the dissolution of a Panchayat before the expiration of its duration shall continue only for the remainder of the period for which the dissolved Panchayat would have continued had it not been so dissolved.

Step-by-Step Solution

1
Analyze the constitutional tenure provision under Article 243E of the Constitution of India.
Article 243E(1) sets the standard duration of every Panchayat at five years from the date appointed for its first meeting.
Establishing the normal baseline duration of a local self-government body.
2
Examine the rules for premature dissolution under Article 243E(3) and Article 243E(4).
Elections following dissolution must be completed within six months. Furthermore, Article 243E(4) specifies that the newly elected body serves only the remainder of the original five-year period.
Determining the exact constitutional rule governing reconstituted bodies.
3
Evaluate the proviso concerning short remaining tenures.
If the unexpired period is less than six months, holding fresh elections for the remaining duration is not mandatory.
Verifying edge-case conditions regarding elections after dissolution.

Key Concept

Duration of Panchayats and rules governing premature dissolution under Article 243E of the 73rd Constitutional Amendment Act
Estimated Time:1m 15s
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Topics

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

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