Part IX: The Panchayats
Article 243E: Duration of Panchayats
Original Article:
(1) Every Panchayat, unless sooner dissolved, shall continue for five years from the date appointed for its first meeting.
(2) An amendment shall not cause the premature dissolution of a Panchayat in office prior to the amendment.
(3) Elections to reconstitute a Panchayat must be completed before its term ends or within six months of its dissolution, barring exceptional cases.
Amendments:
- Introduced by the Constitution (Seventy-third Amendment) Act, 1992, effective from 24th April 1993.
Amendment Explanation:
This amendment defines the tenure of Panchayats, ensuring stability in local governance while mandating timely elections to maintain democratic continuity.
Explanations:
Article 243E ensures that Panchayats function effectively by maintaining a five-year term and mandating prompt elections in case of dissolution.
Historical Significance:
This article institutionalized democratic processes in Panchayati Raj systems, preventing arbitrary dissolutions and delays in reconstitution.
Debates and Deliberations:
- Shri Rajiv Gandhi: Emphasized the importance of uninterrupted Panchayat governance for sustained rural development.
- Smt. Vijaya Raje Scindia: Advocated for timely elections to ensure grassroots democratic processes remain active.
Real-Life Examples:
- West Bengal: Panchayats continued uninterrupted during legislative changes, adhering to the provisions of Article 243E.
- Haryana: Elections were conducted within six months of early dissolution, ensuring continuity in governance.
Frequently Asked Questions (FAQs):
The tenure is five years from its first meeting unless it is dissolved sooner by law.
Elections must be conducted within six months unless the remaining term is less than six months.
No, amendments cannot extend the tenure of existing Panchayats beyond the stipulated five years.
References:
- The Constitution (Seventy-third Amendment) Act, 1992.
- State Panchayati Raj Acts.