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

Consider the following statements regarding the constitutional provisions governing Panchayati Raj institutions under Part IX of the Constitution of India:

1. A person who has attained the age of 21 years is constitutionally eligible to be chosen as a member of a Panchayat.
2. Any question regarding the disqualification of a Panchayat member is automatically referred to the State Election Commission for a final binding decision.
3. The 73rd Constitutional Amendment Act mandates a minimum five-year tenure for Panchayats, and if dissolved prematurely, elections must be held within six months.

Which of the statements given above is/are correct?

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

Answer

Statements 1 and 3 are correct.
The option selecting statements 1 and 3 only is correct. Statement 1 is accurate because Article 243F stipulates 21 years as the minimum age for contesting Panchayat elections. Statement 3 is accurate because Article 243E specifies a 5-year tenure for Panchayats and obligates fresh elections within 6 months if dissolved early. Statement 2 is incorrect because the Constitution vests the power to decide disqualification disputes in an authority prescribed by State legislative law, rather than directly specifying the State Election Commission.

Step-by-Step Solution

1
Evaluate Statement 1 regarding minimum age requirements under Article 243F.
Under Article 243F(1)(a), a person cannot be disqualified for being under 25 years of age if they have reached 21 years of age. Thus, Statement 1 is correct.
The Constitution specifically relaxed the age requirement from 25 years (applicable to State Legislative Assemblies) to 21 years for local body elections.
2
Evaluate Statement 2 regarding the authority for deciding disqualifications under Article 243F(2).
According to Article 243F(2), questions of disqualification are referred to such authority as the State Legislature may by law determine, not necessarily the State Election Commission. Thus, Statement 2 is incorrect.
The Constitution leaves the decision-making authority for disqualifications to state legislation.
3
Evaluate Statement 3 regarding the duration and re-election timeline under Article 243E.
Article 243E mandates a five-year term from the date of the first meeting and requires elections to be completed within six months in case of premature dissolution. Thus, Statement 3 is correct.
This guarantees constitutional continuity and timely elections for local self-government institutions.

Key Concept

Disqualification provisions (Article 243F) and Duration of Panchayats (Article 243E) under Part IX of the Indian Constitution
Estimated Time:1m 0s
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Topics

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

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