Article 243 of the Costitution of India with Case law
🇮🇳 Article 243 of the Constitution of India
Topic: Definitions – Panchayati Raj System (Part IX: The Panchayats)
🔹 Text of Article 243 (Summarised):
In this Part, unless the context otherwise requires:
(a) "District" means a district in a State.
(b) "Gram Sabha" means a body consisting of persons registered in the electoral rolls relating to a village within the Panchayat area.
(c) "Panchayat" means an institution of self-government constituted under Article 243B for rural areas.
(d) "Panchayat area" means the territorial area for which a Panchayat is constituted.
(e) "Population" means the population as ascertained at the last preceding census.
(f) "State Election Commission" means the commission constituted under Article 243K.
(g) "Village" means a village specified by the Governor by public notification.
🧾 Purpose of Article 243:
Provides legal definitions for key terms used throughout Part IX (Articles 243 to 243-O) of the Constitution.
These definitions form the foundation of India’s Panchayati Raj system, introduced by the 73rd Constitutional Amendment Act, 1992.
📌 Importance of Article 243:
| Term | Importance |
|---|---|
| Gram Sabha | Base unit of direct democracy at the village level. |
| Panchayat | Represents the local self-government in rural areas. |
| State Election Commission | Ensures free and fair elections to Panchayats. |
| Panchayat Area | Geographic jurisdiction of Panchayats. |
⚖️ Important Case Laws Related to Article 243 (and Part IX):
🔹 1. Kishan Singh Tomar v. Municipal Corporation of Ahmedabad, (2006) 8 SCC 352
Held: State Election Commissions (under Article 243K) are constitutionally mandated, and Panchayat elections must not be delayed.
Directly applies the definition and authority outlined in Article 243(f).
🔹 2. Thimmappa v. Chief Election Commissioner, AIR 1995 Kant 25
Held: The Gram Sabha is a statutory body, and its composition as defined under Article 243(b) cannot be changed arbitrarily.
Reinforced the importance of democratic participation at the village level.
🔹 3. Union of India v. Rakesh Kumar, (2010)
Highlighted the constitutional significance of decentralization and how Article 243 definitions create the legal backbone for Panchayati Raj.
🔹 4. S. Rangaiah v. State of Karnataka, (1992 Supp (3) SCC 301)
Though predating the 73rd Amendment, it is often cited to show how lack of clear definitions affected local governance — Article 243 remedied that.
🏛️ Background – 73rd Amendment Act, 1992:
Introduced Part IX (Articles 243–243O) into the Constitution.
Aimed at:
Democratizing rural governance.
Creating constitutional status for Panchayati Raj Institutions (PRIs).
Ensuring periodic elections and financial accountability.
✅ Summary Table:
| Term Defined | Meaning in Article 243 |
|---|---|
| Gram Sabha | Electoral body of a village |
| Panchayat | Rural self-government body |
| Panchayat Area | Territorial jurisdiction of a Panchayat |
| State Election Commission | Conducts Panchayat elections |
| Population | Based on most recent census |
| District | As notified by the State government |
| Village | Area notified by the Governor |
📚 Conclusion:
Article 243 provides the terminological foundation for grassroots democracy in India.
These definitions ensure clarity and uniformity in interpreting Panchayati Raj provisions.
Courts have affirmed that these definitions bind all organs of the State, ensuring effective local governance.
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