Q. With reference to ‘73rd Constitutional Amendment Act’, consider the following statements:
1. Power to extend the provisions of this act to any Union Territory lies with the Parliament.
2. The act does not apply to the hill area of Manipur state for which a district council exists.
Which of the statements given above is/are correct?
Exp) Option b is the correct answer.
The 73rd Constitutional Amendment Act, 1992 provides for the establishment of Panchayats in rural areas of India. However, the application of this Act has certain exception.
Statement 1 is incorrect: The provisions of this Part shall apply to the Union territories and shall, in their application to a Union territory, have effect as if the references to the Governor of a State were references to the Administrator of the Union territory appointed under article 239 and references to the Legislature or the Legislative Assembly of a State were references, in relation to a Union territory having a Legislative Assembly, to that Legislative Assembly: Provided that the President may, by public notification, direct that the provisions of this Part shall apply to any Union territory or part thereof subject to such exceptions and modifications as he may specify in the notification.
Statement 2 is correct: 73rd Constitutional Amendment Act does not apply to the states of Jammu and Kashmir, Nagaland, Meghalaya and Mizoram and certain other areas. These areas include the hill area of Manipur for which a district council exists; and Darjeeling district of West Bengal for which Darjeeling Gorkha Hill Council exists.
