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Paper II

Paper II — Local government · 73rd-74th amendments

What are the 73rd and 74th Constitutional Amendment Acts?

The 73rd and 74th Constitutional Amendment Acts, 1992 are the amendments that made Indian local government a constitutional tier: the 73rd inserted Part IX, Articles 243-243-O and the Eleventh Schedule for panchayats; the 74th inserted Part IXA, Articles 243P-243ZG and the Twelfth Schedule for municipalities. Both received assent on 20 April 1993. They mandate five-year terms, State Election Commissions and State Finance Commissions, but leave devolution to State legislatures.

Story hook

On 4 November 1948, introducing the Draft Constitution to the Constituent Assembly, B. R. Ambedkar answered the critics who wanted the village made the foundation of the new republic. His reply is one of the most quoted sentences in Indian political thought:

"I hold that these village republics have been the ruination of India… What is the village but a sink of localism, a den of ignorance, narrow- mindedness and communalism?"

Two years earlier, in Harijan of 28 July 1946, Gandhi had set out the opposite picture — Indian society as an "oceanic circle" whose centre is the individual, "ever widening, never ascending", in which "the outermost circumference will not wield power to crush the inner circle but will give strength to all within and derive its own strength from it." For Gandhi, independence had to "begin at the bottom"; every village a republic with full powers.

Neither man won. What the Constitution of 1950 actually contained was a single sentence in the non-justiciable Directive Principles — Article 40 — telling the State to "take steps to organise village panchayats and endow them with such powers and authority as may be necessary to enable them to function as units of self-government." It was a compromise so thin that for forty-two years local government in India existed entirely at the pleasure of state governments, which created panchayats when a chief minister wanted rural legitimacy and superseded them when the same panchayats produced rivals. Between 1959 and 1992, Andhra Pradesh, Bihar, Odisha, Punjab, Rajasthan, Tamil Nadu and Uttar Pradesh all went for spells of five, ten, even fifteen years without a single panchayat election.

The 73rd and 74th Amendments of 1992 ended that particular abuse — and only that one. They made elections compulsory, gave the polls to an independent State Election Commission, fixed a five-year term, and required a State Finance Commission every five years. But when they came to the thing local government actually exists for — power — they used a different verb. Article 243G does not say that panchayats shall have the twenty-nine subjects of the Eleventh Schedule. It says the Legislature of a State "may, by law, endow" them. Thirty-odd years of Indian local government are the working out of that one word, and the whole of this unit is an argument about it.

Why this matters for UPSC

In the official UPSC syllabus this material sits across Paper II Unit 11 (Rural Development) and Unit 12 (Urban Local Government); taken together they are worth roughly 40-60 marks a year, typically one 20-mark question in each section plus a 10-mark short note, and they cross-load heavily into Unit 14 (Significant Issues in Indian Administration) and into Paper I's units on accountability and comparative administration. The examiner almost never asks you to describe the two amendments — that is assumed — and almost always asks you to evaluate a gap: between constitutional design and devolution in practice, between the Eleventh Schedule and activity mapping, between elected mayors and appointed commissioners, between reservation and proxy rule. This is an analytical unit with an unusually heavy factual substrate: you need the Articles by number and an argument about them, and an answer that has one without the other loses half its marks.

Two warnings about scope, both of which this chapter acts on. First, Unit 12's syllabus entry names two topics that the constitutional material does not reach"Global-local debate; New localism" — and they have been set on their own; a candidate who has prepared the 74th Amendment thoroughly and never met the words glocalisation or new localism is unprepared for a stem whose keyword he has not seen. Second, the paper's own architecture decides the form of the answer: Q1 and Q5 are compulsory and each carries five 10-mark sub-parts of about 150 words, so this unit's most frequent appearance is a compulsory short note on a single provision, not a 20-mark essay. Both points are worked out in the Mains section below.

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