Part IX: The Panchayats

Article 243N: Continuance of Existing Laws and Panchayats

Original Article:

Any provision of any law relating to Panchayats in force immediately before the commencement of the 73rd Amendment Act, 1992, shall continue until amended or repealed by a competent authority or until one year from the commencement of the Act, whichever is earlier.

Amendments:

This Article was introduced through the 73rd Constitutional Amendment Act, 1992, to provide a transitional framework for Panchayati Raj.

Explanation:

Article 243N ensures the continuity of existing laws concerning Panchayats, providing states with time to align their legislation with the provisions of Part IX.

Clause-by-Clause Explanation:

1. Continuance of Existing Laws: Laws relating to Panchayats remain in force until they are amended, repealed, or one year has elapsed since the 73rd Amendment's commencement.
2. Duration of Existing Panchayats: Existing Panchayats continue to function until the end of their term unless dissolved earlier by the state legislature.

Legislative History:

Article 243N was introduced to ensure a smooth transition to the Panchayati Raj framework by allowing states to update their laws within a stipulated period.

Real-life Examples:

• States like Rajasthan and Kerala utilized the transitional period to enact new laws aligning with Part IX, ensuring a seamless implementation of Panchayati Raj.
• Existing Panchayats in states such as Maharashtra were allowed to complete their terms before restructuring under the 73rd Amendment.

Debates and Deliberations:

During discussions on the 73rd Amendment:

• Mr. N.D. Tiwari stressed the importance of continuity during the transition to the new framework.
• Smt. Renuka Chowdhury emphasized providing states sufficient time to align their laws with the Amendment.
• Dr. C. Subramaniam supported the transitional provisions to avoid governance disruptions.