Q. Consider the following statements :
I. Panchayats at the intermediate level exist in all States.
II. To be eligible to be a Member of a Panchayat at the intermediate level, a person should attain the age of thirty years.
III. The Chief Minister of a State constitutes a commission to review the financial position of Panchayats at the intermediate levels and to make recommendations regarding the distribution of net proceeds of taxes and duties, leviable by the State, between the State and Panchayats at the intermediate level.
Which of the statements given above are not correct?
Exp) Option d is the correct answer.
The 73rd Constitutional Amendment Act of 1992 establishes the panchayati raj system in India. This act has added a new Part-IX to the Constitution of India. This part is entitled as ‘The Panchayats’ and consists of provisions from Articles 243 to 243 O.
Statement 1 is incorrect. At present, States of Arunachal Pradesh, Goa, Sikkim and Union Territories of Lakshadweep, Dadra & Nagar Haveli and Daman & Diu have two-tier Panchayati Raj System while the remaining States & Union Territories have three-tier Panchayati Raj System.
The 73rd Constitutional Amendment Act, under Article 243B, provides for a three-tier system of panchayati raj in every state. It says that “there shall be constituted in every State, Panchayats at the village, intermediate and district levels in accordance with the provisions of this Part.” However, the same article also says that the “Panchayats at the intermediate level may not be constituted in a State having a population not exceeding twenty lakhs.” So, the states which have a population below 20 Lakh are given an option to not to have the intermediate level.
Statement 2 is incorrect. Article 243F makes provisions for disqualifications from the membership of Panchayat. Under Article 243F, the minimum age prescribed to become a member of the Panchayat is 21 years.
Statement 3 is incorrect. 243I provides for the Constitution of a Finance Commission to review the financial position of the panchayats. Such a Finance Commission is constituted by the Governor. Thus, the Governor of a State appoints a Finance Commission every five years, which shall review the financial position of the Panchayats and makes recommendation on the following:
- The Distribution of the taxes, duties, tolls, fees etc. levied by the state which is to be divided between the State and the Panchayats
- Determination of the taxes, duties, tolls and fees which may be assigned to the Panchayats
- The grants-in-aid to the Panchayats from the Consolidated Fund of the State
- The measures needed to improve the financial position of the Panchayats
https://sansad.in/getFile/annex/266/AU248_KDoJdr.pdf?source=pqars
Indian Polity by M.Laxmikant Chapter 38
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