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ARTICLE 243C, 243D, 243E-CONSTITUTION OF INDIA 1949

What is Composition of Panchayats? What is Reservation of seats? What is the Duration of Panchayats, etc? Article 243C, 243D and 243E of Constitution of India, 1949

Composition of Panchayats, Reservation of seats and Duration of Panchayats, etc are defined under Article 243C, 243D and 243E of Constitution of India 1949. Provisions under these Articles are:

Article 243C of Constitution of India "Composition of Panchayats"

(1) Subject to the provisions of this Part, the Legislature of a State may, by law, make provisions with respect to the composition of Panchayats:

Provided that the ratio between the population of the territorial area of a Panchayat at any level and the number of seats in such Panchayat to be filled by election shall, so far as practicable, be the same throughout the State,

(2) All the seats in a Panchayat shall be filled by persons chosen by direct election from territorial constituencies in the Panchayat area and, for this purpose, each Panchayat area shall be divided into territorial constituencies in such manner that the ratio between the population of each constituency and the number of seats allotted to it shall, so far as practicable, be the same throughout the Panchayat area.

 

(3) The Legislature of a State may, by law, provide for the representation-

(a) of the Chairpersons of the Panchayats at the village level, in the Panchayats at the intermediate level or, in the case of a State not having Panchayats at the intermediate level, in the Panchayats at the district level;

(b) if the Chairpersons of the Panchayats at the intermediate level, in the Panchayats at the district level;

(c) of the members of the House of the People and the members of the Legislative Assembly of the State representing constituencies which comprise wholly or partly a Panchayat area at a level other than the village level, in such Panchayat;

(d) of the members of the Council of States and the members of the Legislative Council of the State, where they are registered as electors within-

(i) a Panchayat area at the intermediate level, in Panchayat at the intermediate level;

(ii) a Panchayat area at the district level, in Panchayat at the district level.

(4) The Chairperson of a Panchayat and other members of a Panchayat whether or not chosen by direct election from territorial constituencies in the Panchayat area shall have the right to vote in the meetings of the Panchayats.

(5) The Chairperson of-

(a) Panchayat at the village level shall be elected in such manner as the Legislature of a State may, by law, provide; and

(b) a Panchayat at the intermediate level or district level, shall be elected by, and from amongst, the elected members thereof.

Article 243D of Constitution of India "Reservation of seats"

(1) Seats shall be reserved for-

(a) the Scheduled Castes; and

(b) the Scheduled Tribes, in every Panchayat and the number of seats so reserved shall bear, as nearly as may be, the same proportion to the, total number of seats to be filled by direct election in that Panchayat as the population of the Scheduled Castes in that Panchayat area or of the Scheduled Tribes in that Panchayat area bears to the total population of that area and such seats may be allotted by rotation to different constituencies in a Panchayat.

(2) Not less than one-third of the total number of seats reserved under clause (1) shall be reserved for women belonging, to the Scheduled Castes or, as the case may be, the Scheduled Tribes.

(3) Not less than one-third (including the number of seats reserved for women belonging to the Scheduled Castes and the Scheduled Tribes) of the total number of seats to be filled by direct election in every Panchayat shall be reserved for women and such seats may be allotted by rotation to different constituencies in a Panchayat.

(4) The offices of the Chairpersons in the Panchayats at the village or any other level shall be reserved for the Scheduled Castes the Scheduled Tribes and women in such manner as the Legislature of a State may, by law, provide:

Provided that the number of offices of Chairpersons reserved for the Scheduled Castes and the Scheduled Tribes in the Panchayats at each level in any State shall bear, as nearly as may be, the same proportion to the total number of such offices in the Panchayats at each level as the population of the Scheduled Castes in the State or of the Scheduled Tribes in the State bears to the total population of the State:

Provided further that not less than one-third of the total number of offices of Chairpersons in the Panchayats at each level shall be reserved for women:

Provided also that the number of offices reserved under this clause shall be allotted by rotation to different Panchayats at each level.

(5) The reservation of seats under clauses (1) and (2) and the reservation of offices of Chairpersons (other than the reservation for women) under clause (4) shall cease to have effect on the expiration of the period specified in article 334 .

(6) Nothing in this Part shall prevent the Legislature of a State from making any provision for reservation of seats in any Panchayat or offices of Chairpersons in the Panchayats at any level in favor of backward class of citizens.

Article 243E of Constitution of India "Duration of Panchayats, etc"

(1) Every Panchayat, unless sooner dissolved under any law for the time being in force, shall continue for five years from the date appointed for its first meeting and no longer.

(2) No amendment of any law for the time being in force shall have the effect of causing dissolution of a Panchayat at any level, which is functioning immediately before such amendment, till the expiration of its duration specified in clause (1).

(3) An election to constitute a Panchayat shall be completed-

(a) before the expiry of its duration specified in clause (1);

(b) before the expiration of a period of six months from the date of its dissolution:

Provided that where the remainder of the period for which the dissolved Panchayat would have continued is less than six months, it shall not be necessary to hold any election under this clause for constituting the Panchayat.

(4) 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 under clause (1) had it not been so dissolved.

Constitution of India 1949

What is Administration of Union Territories? What is Creation of local Legislatures or Council of Ministers or both for certain Union Territories? Article 239 and 239A of Constitution of India, 1949

What is the Power of administrator to promulgate Ordinances during recess of Legislature? What is the Power of President to make regulations for certain Union territories? Article 239B and 240 of Constitution of India, 1949

What is the the provision of High Courts for Union territories? Article 241 of Constitution of India, 1949

What is the Definitions of Panchayat? What is Gram Sabha? What is Constitution of Panchayats? Article 243, 243A and 243B of Constitution of India, 1949

What is Composition of Panchayats? What is Reservation of seats? What is the Duration of Panchayats, etc? Article 243C, 243D and 243E of Constitution of India, 1949

What is Disqualifications for membership? What are the Powers, authority and responsibilities of Panchayats? What are Powers to impose taxes by, and funds of, the Panchayats? Article 243F, 243G and 243H of Constitution of India, 1949

What is the meaning Constitution of finance Commissions to review financial position? What is the procedure for Audit of accounts of Panchayats? How to conduct Elections to the Panchayats? Article 243I, 243J and 243K of Constitution of India, 1949

What is Application to Union territories? What is Part not to apply to certain areas? Article 243L and 243M of Constitution of India, 1949

What is Continuance of existing laws and Panchayats? What is Bar to interference by courts in electoral matters? Article 243N and 243O of Constitution of India, 1949


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