Part IX: The Panchayats

Article 243F: Disqualifications for Membership

Disqualifications for Membership under Article 243F

Original Article:

(1) A person shall be disqualified for being chosen as, and for being, a member of a Panchayat—

  • (a) if disqualified by or under any law for elections to the State Legislature, provided a person aged twenty-one or above is eligible.
  • (b) if disqualified by any law made by the State Legislature.

(2) Questions regarding disqualification shall be referred to an authority designated by the State Legislature.

Amendments:

  • Introduced by the Constitution (Seventy-third Amendment) Act, 1992, effective from 24th April 1993.

Amendment Explanation:

This amendment establishes the disqualifications for Panchayat members, ensuring ethical governance while promoting youth representation through reduced age criteria.

Explanations:

Article 243F ensures integrity in Panchayat membership by setting eligibility criteria and providing a mechanism to address disqualifications through State authorities.

Historical Significance:

By reducing the minimum age to 21, this article encourages youth participation in governance, addressing historical barriers to representation at the grassroots level.

Debates and Deliberations:

  • Shri Rajiv Gandhi: Highlighted the need for young leaders in local governance to bring innovation and energy to rural development.
  • Shri L.K. Advani: Stressed the importance of stringent disqualification norms to maintain transparency and accountability in Panchayat operations.

Real-Life Examples:

  • Karnataka: The inclusion of young leaders aged 21+ has led to innovative rural development projects, reflecting the youth’s active role in governance.
  • Madhya Pradesh: Disqualification provisions were enforced when a member was found guilty of financial irregularities, maintaining Panchayat integrity.

Frequently Asked Questions (FAQs):

What is the minimum age to contest Panchayat elections?

The minimum age is 21 years as per Article 243F, encouraging youth participation in governance.

Who decides on disqualification issues?

The State Legislature designates the authority responsible for resolving disqualification matters.

Can State laws impose additional disqualifications?

Yes, State Legislatures can enact laws that define additional disqualifications for Panchayat members.

References:

  • The Constitution (Seventy-third Amendment) Act, 1992.
  • State Panchayati Raj Acts.