Flash-Card-for-IAS-Prelims-2019-polity-Day-32
70 Days WAR Plan

Day#32 Static Flash Cards Polity & Governance [70 Days WAR Plan]

Gram Sabha; Composition of Municipalities; District Planning Committee (DPC); Panchayats (Extension to Scheduled Areas) Act, 1996; 11th Schedule of Indian Constitution; Cantonment Board; State Election Commission; Schedule V; Umesh Sinha Committee; 73rd Constitutional Amendment 1992;
By IT's Core Team
April 22, 2019

 

 

 

What are the main features of the 73rd Constitutional Amendment 1992?

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Answer & Enrich Your Learning:

The passage of the Constitution (73rd Amendment) Act, 1992 marks a new era in the federal democratic set up of the country and provides constitutional status to the Panchayati Raj Institutions (PRIs).

The main features of the Act are:

  • Establishment of a three-tier structure: Village Panchayat (Gram Panchayat); intermediate panchayat (Panchayat Samiti; and the district panchayat (Zila Parishad);
  • Regular elections, every five years;
  • Reservation of seats for the Scheduled Castes and Scheduled Tribes in proportion to their population;
  • Not less than one-third reservation of seats for women at three different levels of PRIs;
  • Establishment of State Finance Commissions to recommend measures to improve the finances of panchayats;
  • Establishment of State Election Commissions to conduct election to the PRIs;
  • Establishment of District Planning Committees to prepare development plans for the districts;
  • Preparation of plans for economic development and social justice and their execution concerning 29 subjects listed in the 11th Schedule of the Constitution;
  • Establishment of Grama Sabha (village assemblies) and their empowerment as a decision making body at the village level; and
  • Rotation in accordance with the reservation of seats for women and the Scheduled Castes in the PRIs.

Powers and responsibilities

By the Constitution (73rd Amendment) Act, the Panchayati Raj Institutions have been given such powers and authority as may be necessary to enable them to function. It contains provisions for devolution of powers and responsibilities related to

  • The preparation of plans for economic development and social justice; and
  • The implementation of such schemes for economic development and social justice as may be entrusted to them.

This amendment bars the interference by courts in the electoral matters of panchayats.

  • The validity of any law relating to the delimitation of constituencies or the allotment of seats to such constituencies cannot be questioned in any court.
  • No election to any panchayat is to be questioned except by an election petition presented to such authority and in such manner as provided by the state legislature.

 

 

 

To suggest changes into Section 126 of the Representation of the People (RP) Act,1951 which prohibits poll campaign in the last 48 hours leading to voting, in the wake of media expansion, which committee has been set up?

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Answer:

  • Umesh Sinha committee has been constituted to suggest changes in Representation of People Act, 1951.

Enrich Your Learning:

About Umesh Sinha Committee:

  • The Election Commission (EC) has set up a 14-member committee under the chairmanship of Deputy Election Commissioner Umesh Sinha.
  • The committee will suggest changes to Section 126 of the Representation of the People (RP) Act, 1951 which prohibits poll campaign in the last 48 hours leading to voting, in the wake of media expansion.
  • It will also study the impact of new media and social media during the silence period and its implication in view of Section 126 and suggest changes to the model code of conduct (MCC) accordingly.
  • It also, examine the difficulties faced in regulating media platforms during the prohibitory 48 hours in a multi-phase election.

 

 

 

Which is also the only institution of direct democracy in India: (a) Panchyati Samiti OR (b) Gram Sabha OR (c) Zila Parishad?

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Answer:

Gram Sabha consists of all adult residents within a village or group of villages. Thus, it is the only institution of direct democracy in the country.

Enrich Your Learning:

  • Recognition to Gram Sabha, an institution of direct democracy, is an important feature of the 73rd amendment.
  • Gram Sabha consists of all adult residents within a village or group of villages.
  • Thus, it is the only institution of direct democracy in the country.
  • Generally, two meetings of Gram Sabha are held every year.
  • In these meetings, the Gram Sabha as the general body of the people hear annual statement of accounts, audit or administrative report of panchayats.
  • It also recommends new development projects to be undertaken by panchayats.
  • It also helps in identifying poor people of the village so that they may be given economic assistance.

 

 

 

With respect to provision of Panchayats, which Indian states are included in Schedule V?

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Answer & Enrich Your Learning:

  • The provisions of Panchayats with certain modification and exceptions have been extended to the Schedule V areas viz. the ten States where the Panchayats exists in the country includes:
  • These are Andhra Pradesh, Telangana, Chhatisgarh, Gujarat, Himachal Pradesh, Jharkhand, Madhya Pradesh, Maharashtra, Odisha and Rajasthan
  • Gram Sabhas have been constituted in every State as per the Panchayat Raj Act/PESA Rules of the concerned State.
  • Only four States have framed their Rules for implementation of PESA. These are, Andhra Pradesh, Himachal Pradesh, Maharashtra and Rajasthan.

 

 

 

Which body is responsible for the preparation of the electoral rolls for the conduct of elections in Panchayat: Election Commission of India OR State Election Commission?

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Answer:

  • State Election Commission

Enrich Your Learning:

  • The superintendence, direction and control of the preparation of electoral roll for, and the conduct of, all elections to the panchayats shall be vested in the State Election Commission.
  • The State Election Commission will be responsible for conducting elections, i.e. they will make the lists of all the people who are eligible to vote and ensure that the elections are held in a free and just manner.

 

 

 

Cantonment Board has been empowered to levy tax. Right OR Wrong?

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Answer:

Right Statement:

  • As the resources in Cantonment are owned by government of India, it can’t levy any tax.

Enrich Your Learning:

About Cantonment Board:

  • Cantonment Board is a body corporate under the Cantonments Act, 2006 having perpetual succession.
  • It is established for municipal administration for civilian population in the cantonment area.
  • As per Section 10(2) of the Act, every Cantonment Board is deemed to be a municipality under clause (e) of article 243P of the Constitution for the purpose of (a) receiving grants and allocations; or (b) implementing the Central Government schemes of social sector, public health, hygiene, safety, water supply, sanitation, urban renewal and education.
  • Directorate General, Defence Estates (DGDE) is an Inter Services Organisation of the Ministry of Defence which directly controls the Cantonment Administration.
  • As the resources are owned by government of India, it can’t levy any tax.
  • The Board comprise elected members besides ex-officio and nominated members.
  • The term of office of a member of a Board shall be five years.
  • The Cantonment Board consists of eight elected Members, three nominated Military Members, three Ex-officio Members (Station Commander, Garrison Engineer and senior executive Medical Officer), one representative of the District Magistrate.
  • The executive officer implements all the resolutions and decisions of the board and its committees.

 

 

 

What do you know about the 11th Schedule of Indian Constitution?

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Answer & Enrich Your Learning:

The 11th Schedule of Indian Constitution was added in 1992 by the 73rd Constitution Amendment Act.

  • This schedule contains 29 subjects.
  • It contains the following functional items placed within the purview of the Panchyats:

List in Eleventh Schedule

  1. Agriculture, including agricultural extension.
  2. Land improvement, implementation of land reforms, land consolidation and soil conservation.
  3. Minor irrigation, water management and watershed development.
  4. Animal husbandry, dairying and poultry.
  5. Social forestry and farm forestry.
  6. Minor forest produce.
  7. Small scale industries, including food processing industries.
  8. Khadi, village and cottage industries.
  9. Rural housing.
  10. Drinking water.
  11. Fuel and fodder.
  12. Roads, culverts, bridges, ferries, waterways and other means of communication.
  13. Rural electrification, including distribution of electricity.
  14. Non-conventional energy sources.
  15. Poverty alleviation programme.
  16. Education, including primary and secondary schools.
  17. Technical training and vocational education.
  18. Adult and non-formal education.
  19. Cultural activities.
  20. Markets and fairs.
  21. Health and sanitation, including hospitals, primary health centres and dispensaries.
  22. Family welfare.
  23. Women and child development.
  24. Social welfare, including welfare of the handicapped and mentally retarded.
  25. Welfare of the weaker sections, and in particular, of the Scheduled Castes and the Scheduled Tribes.
  26. Public distribution system.
  27. Maintenance of community assets.

 

 

 

What are the salient features of Provisions of the Panchayats (Extension to Scheduled Areas) Act, 1996?

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Answer & Enrich Your Learning:

  • The Provisions of the Panchayats (Extension to Scheduled Areas) Act, 1996 or PESA is a law enacted by the Government of India for ensuring self-governance through traditional Gram Sabhas for people living in the Scheduled Areas of India.
  • Scheduled Areas are areas identified by the Fifth Schedule of the Constitution of India.

The salient feature of PESA Act:

  1. Legislation on Panchayats shall be in conformity with the customary law, social and religious practices and traditional management practices of community resources;
  2. Habitation or a group of habitations or a hamlet or a group of hamlets comprising a community and managing its affairs in accordance with traditions and customs; and shall have a separate Gram Sabha.
  3. Every Gram Sabha to safeguard and preserve the traditions and customs of people, their cultural identity, community resources and the customary mode of dispute resolution.
  4. The Gram Sabhas have roles and responsibilities in approving all development works in the village, identify beneficiaries, issue certificates of utilization of funds; powers to control institutions and functionaries in all social sectors and local plans.
  5. Gram Sabhas or Panchayats at appropriate level shall also have powers to manage minor water bodies; power of mandatory consultation in matters of land acquisition; resettlement and rehabilitation and prospecting licenses/mining leases for minor minerals; power to prevent alienation of land and restore alienated land; regulate and restrict sale/consumption of liquor; manage village markets, control money lending to STs; and ownership of minor forest produce.

Benefits of PESA Act:

  • It will enhance people’s participation in decision making.
  • PESA will reduce alienation in tribal areas as they will have better control over the utilisation of public resources.
  • PESA will reduce poverty and out-migration among tribal population as they will have control and management of natural resources will improve their livelihoods and incomes.
  • PESA will minimise exploitation of tribal population as they will be able to control and manage money lending, consumption and sale of liquor and also village markets.
  • Effective implementation of PESA will check illegal land alienation and also restore unlawfully alienated tribal land.
  • And most importantly PESA will promote cultural heritage through preservation of traditions, customs and cultural identity of tribal population.

 

 

 

Which members constitute the District Planning Committee (DPC)?

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Answer:

  • The DPC is consists of elected members of the local bodies within the district, both rural and urban, as well as some nominated members.

Enrich Your Learning:

About Composition of District Planning Committee (DPC):

  • The DPC is generally composed of elected members of the local bodies within the district, both rural and urban, as well as some nominated members.
  • The number of members varies with the population size of the districts.
  • The ratio of members from Panchayats and ULBs is based on the ratio in which the population of the district is divided between rural and urban areas. An examination of the composition of the DPCs is vital from two perspectives:
  • It reflects the degree of inclusion of marginalised sections in the district planning process;
  • It reflects the degree to which the DPC is actually a body independent of state control and interference.
  • Elections to DPCs in most of the states elections have been held for the constitution of DPCs.
  • Elections have mostly been supervised by district administration or state government

 

 

 

There is no representation of the State legislature in Municipality. Right OR Wrong?

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Answer:

Right Statement:

  • The Legislature of a State by law can provide for the representation in a Municipality.

Enrich Your Learning:

About the Composition of Municipalities:

  • All the seats in a Municipality shall be filled by persons chosen by direct election from the territorial constituencies in the Municipal area and for this purpose each Municipal area shall be divided into territorial constituencies to be known as wards.

The Legislature of a State may, by law, provide for the representation in a Municipality of:

  • persons having special knowledge or experience in Municipal administration;
  • 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 the Municipal area;
  • the members of the Council of States and the members of the Legislative Council of the State registered electors within tile Municipal area;
  • The chairpersons of committees (other than wards committee)
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