Q7(a) · UPSC Civil Services Mains 2022 · PSIR GS 1 · 20 marks · 3 min read

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Examine the unique features of the 73rd Constitutional Amendment. Do you think this Amendment would contribute in achieving the goal of empowerment of marginalised sections of the society?

Topic: Salient Features of the Indian Constitution. Syllabus: Salient Features of the Indian Constitution: The Preamble, Fundamental Rights and Duties, Directive Principles; Parliamentary System and Amendment Procedures; Judicial Review and Basic Structure doctrine. Same official PYQ from year-wise 2022 and Salient Features of the Indian Constitution.

Revision summary

The 73rd Amendment constitutionalised panchayats, gram sabhas, five-year elections, and State Election and Finance Commissions. Reservations for SC, ST, and women are the distinctive social mechanism. Eleventh Schedule lists developmental subjects including agriculture and poverty work. Seats have opened; sarpanch-pati, thin devolution, and caste violence still hollow many offices. The Amendment contributes to empowerment as a necessary institutional floor, not as a completed social revolution.

Model answer

Introduction

The 73rd Constitutional Amendment (1992) gave panchayats a constitutional third tier. Its unique features are a uniform basic design, a gram sabha, reserved seats, and State Election and Finance Commissions. Empowerment of the marginalised is the intent. Capture, patriarchy, and thin devolution still decide how far the intent travels.

Body

Unique features

  • Part IX and the Eleventh Schedule constitutionalise village, intermediate, and district panchayats, ending the habit of suspending local bodies by ordinary whim.
  • The gram sabha is named in Article 243A as the assembly of voters, a direct-democratic piece inside representative local government.
  • Direct elections, five-year terms, and a State Election Commission (Article 243K) copy Union and State electoral regularity at the local scale.
  • Reservations for Scheduled Castes and Scheduled Tribes in proportion to population, and not less than one-third of seats (now 50 per cent in many states) for women, including offices of chairpersons, are the sharpest unique social device.
  • A State Finance Commission (Article 243I) is to recommend devolution of taxes and grants, linking Gandhi’s village claim to a fiscal procedure.
  • Article 243N saves existing laws only for a time; states must fit the new scheme. Eleventh Schedule lists 29 subjects, including agriculture and poverty alleviation, which the question of Gram Swaraj also raises.

Contrast with earlier panchayats

  • Balwantrai Mehta and Ashok Mehta recommended democratic decentralisation. Those remained state statutes, easy to supersede.
  • The 73rd Amendment makes non-holding of elections a constitutional default that is harder to justify.
  • It is unique in the world as a large-federation mandate of gender reservation in local office, not only in candidate lists.

Empowerment of the marginalised

  • SC, ST, and women members entered offices that caste and gender had closed. That is a real shift in who sits on the dais.
  • Ambedkar was sceptical of the village as a den of localism. The Amendment tries to use the village while binding it with reservations, which is an Ambedkarite correction inside a Gandhian unit.
  • Self-help groups, women’s quorums, and some documented rise in local public goods show partial social empowerment.
  • Sarpanch-pati, proxy SC sarpanches, violence against Dalit women presidents, and un-transferred funds show the gap between seat and power.
  • Michels’s oligarchy travels to the panchayat: dominant castes and parties still organise the Gram Sabha agenda, a Lukes third face of power.

Would it contribute? A balanced answer

  • Yes, as a necessary condition: without reserved office and regular elections, marginalised groups remain petitioners of the block office.
  • No, as a sufficient condition: empowerment needs functions, funds, functionaries, land rights, and protection from violence.
  • Forest Rights Act gram sabhas and PESA in Fifth Schedule areas deepen ST voice where implemented, which the 73rd design enables but does not guarantee.
  • Rawls’s fair value of political liberties is the right test: a reserved seat without campaign resources is not yet equal citizenship.
  • So the Amendment contributes. It does not complete the goal.

Flow diagram

flowchart TD
  A73[73rd Amendment] --> GS[Gram Sabha]
  A73 --> RES[SC ST women reservation]
  A73 --> SEC[State Election Commission]
  RES --> EMP[Possible empowerment]
  CAP[Elite capture] --> LIM[Limits EMP]

Conclusion

The 73rd Amendment’s unique features are constitutional status, gram sabha, independent local elections, fiscal commission, and reservations for SC, ST, and women. Those features contribute to empowerment by opening office. They do not by themselves end local oligarchy. Gandhi’s unit plus Ambedkar’s safeguards is the design; practice is still a contest.

Quick related

Students also ask

  • The Speaker represents the freedom and dignity of the House. Examine

    Next question in the 2022 paper (Q7). View answer →

  • Did Ambedkar support village republics?

    He feared the village as caste power. Reservations and a constitutional scheme are an attempt to use local government without surrendering to that fear.

  • Is one-third reservation for women unique to panchayats?

    It was pioneering at scale in Indian public office. Several states have since raised it to one-half.

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