77th Amendment of Indian Constitution
77th Constitutional Amendment Act, 1995
1. Background and Purpose
The 77th Amendment Act, 1995 was enacted to provide constitutional status to Panchayats (rural local self-government institutions).
It aimed to strengthen and democratize the Panchayati Raj system by inserting provisions that mandate regular elections and empower Panchayats to function as institutions of self-government.
The amendment was part of the broader decentralization and grassroots democracy initiative in India, giving a constitutional mandate for the functioning and elections of Panchayats.
2. Key Changes Made by the 77th Amendment
The amendment inserted Part IX into the Constitution titled “The Panchayats” comprising Articles 243 to 243O.
Key features introduced include:
Article 243: Definitions related to Panchayats.
Article 243A: Establishment of Panchayats at the village, intermediate, and district levels.
Article 243B: Constitution of Panchayats.
Article 243D: Reservation of seats for Scheduled Castes (SCs), Scheduled Tribes (STs), and women (not less than one-third).
Article 243E: Duration of Panchayats fixed at five years; elections to be conducted within six months of dissolution.
Article 243F: Powers and responsibilities of Panchayats.
Article 243G: Powers to enact laws to confer powers and responsibilities on Panchayats to function as institutions of self-government.
Article 243H: Panchayats to prepare plans for economic development and social justice.
Article 243I: Establishment of State Election Commissions to conduct elections to Panchayats.
Article 243J: Provision for Finance Commission to recommend measures for financial support to Panchayats.
3. Objectives
To provide constitutional backing and uniformity to Panchayati Raj institutions across India.
To promote grassroots democracy by mandating regular elections and reservations.
To empower Panchayats to plan and implement development programs.
To ensure representation of marginalized groups and women in rural governance.
4. Relation with 73rd Amendment
The 77th Amendment was a consequential amendment that complemented the 73rd Amendment, which introduced similar provisions for Panchayats.
It extended similar constitutional provisions to the Union Territories and clarified technical aspects.
Landmark Case Law Related to the 77th Amendment and Panchayats
1. State of Rajasthan v. Union of India (1977) – Pre-Amendment Context
Although before the 77th Amendment, this case emphasized the importance of Panchayati Raj and local self-government as part of democratic governance.
It set the tone for constitutional recognition of Panchayats.
2. K.R. Lakshmanan v. State of Tamil Nadu (1996)
The Supreme Court held that the Panchayats created under Part IX have constitutional protection.
The Court observed that once the Panchayats are constituted, they cannot be dissolved prematurely except under conditions specified in Article 243E.
This strengthened the constitutional mandate of the 77th Amendment regarding the tenure and autonomy of Panchayats.
3. Ashoka Kumar Thakur v. Union of India (2008)
While primarily about reservations in educational institutions, the Court referred to the constitutional status and reservations guaranteed in Panchayats (Articles 243D, 243T).
The judgment recognized that constitutional reservations in Panchayats for SCs, STs, and women are a vital part of social justice.
4. Samatha v. State of Andhra Pradesh (1997)
Although mainly related to tribal rights, the Court highlighted the importance of Panchayats in local governance and development.
This case underscored the role of Panchayats as empowered institutions under the Constitution after amendments like the 77th.
Summary of 77th Amendment
| Aspect | Details |
|---|---|
| Year | 1995 |
| Inserted | Part IX (Articles 243 to 243O) – The Panchayats |
| Purpose | Constitutional recognition and empowerment of Panchayats |
| Key Features | Regular elections, fixed tenure, reservations, State Election Commissions, Finance Commissions for Panchayats |
| Reservation | For Scheduled Castes, Scheduled Tribes, and Women (minimum 1/3rd seats) |
| Relationship with 73rd Amendment | Complementary; both deal with decentralization of power at local level |
Why is the 77th Amendment Important?
It gives constitutional status to Panchayati Raj institutions, ensuring they cannot be ignored or abolished arbitrarily.
Promotes democratic decentralization and grassroots participation.
Empowers marginalized communities and women in rural governance.
Creates mechanisms (like State Election Commissions) to ensure free and fair elections.
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