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Part IX of the Constitution of India
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Part IX of the Constitution of India : ウィキペディア英語版
Part IX of the Constitution of India

Part IX: The Panchayats is a Part of the Constitution of India related to Panchayats. It was added to the Constitution by the 73rd Amendment, which came into force on 24 April 1993.〔
==Articles==
Part IX contains article 243 and articles 243A to 243-O.
Article 243 relating to definitions has defined various terms as follows: “District” means a district in a State; “Gram Sabha” means a body consisting of persons registered in the electoral rolls relating to a village comprised within the area of Panchayat at the village level; “Intermediate level” means a level between the village and district levels specified by the Governor of a State by public notification to be the intermediate level for the purposes of this Part; “Panchayat” means an institution of self-government constituted under article 243B, for the rural areas; “Panchayat Area” means the territorial area of a Panchayat; “Population” means the population as ascertained at the last preceding census of which the relevant figures have been published; “Village” means a village specified by the Governor of public notification to be a village for the purposes of this Part and includes a group of villages so specified.
Under article 243A, a Gram Sabha is empowered to exercise such powers and perform such functions at the village level as the Legislature of a State may, by law, provide. Article 243B provided for the constitution of Panchayats at the village, intermediate and district levels. However, Panchayats at the intermediate level may not be constituted in a State where population does not exceed twenty lakhs.
As per article 243C, the Legislature of a State is empowered to make provisions with regard to composition of Panchayats. It, inter alia, provided that the ratio between the population of the territorial area of a Panchayat at any level and the number of seats in such Panchayat to be filled by election shall be same throughout the State. The Panchayat area shall be divided into territorial constituencies in the manner as provided for and all the seats shall be filled by persons chosen by direct election. The Legislature of a State is empowered to provide for the representation of the Chairpersons of the Panchayats at the village level, the intermediate level or, in the Panchayats at the district level; members of the House of the People and the members of the Legislative Assembly of the State representing constituencies which comprise wholly or partly a Panchayat area at a level other than the village level in such Panchayat; of the members of the Council of States and the members of the Legislative Council of the State, where they are registered as electors within:
:(i) a Panchayat area at the intermediate level, in Panchayat at the intermediate level;
:(ii) a Panchayat area at the district level, in Panchayat at the district level.

The Chairperson of a Panchayat at the village level shall be elected in such manner as the Legislature of a State may, by law, provide and of a Panchayat at the intermediate level or district level shall be elected by, and from amongst, the elected members thereof.
Article 243D provides for reservation of seats and offices of Chairpersons to the Scheduled Castes and Scheduled Tribes and women in general and those belonging to the Scheduled Castes and Scheduled Tribes. Under article 243E, the duration of every Panchayat shall be five years. Article 243F provides for disqualification for being chosen as and for being a member of a Panchayat, if he is disqualified for the purpose of elections to the Legislature of the State concerned. No person shall be disqualified to contest the election if he is less than twenty-five years of age, if he has attained the age of twenty-one years; if he is so disqualified by or under any law made by the Legislature of the State. The Legislature of a State has been empowered to provide, by law, such authority who shall decide any question as regards the question of disqualification of any member.
Under article 243G, the Legislature of a State may, by law, vest the Panchayats with such powers and authority as may be necessary to enable them to function as institutions of self-government and such law may contain provisions for the devolution of powers and responsibilities upon Panchayats at the appropriate level, with respect to the preparation and implementation of plans for economic development and social justice; implementation of schemes entrusted to them including on the matters mentioned in the Eleventh Schedule. Under article 243H, the Legislature of a State is empowered to authorise a Panchayat to levy, collect and appropriate such taxes, duties, tolls and fees in accordance with such procedure and subject to such limits; assign to a Panchayat such taxes, duties, tolls and fees levied and collected by the State Government for such purposes and subject to such conditions and limits; provide for making such grants-in-aid to
the Panchayats from the Consolidated Fund of the State; and provide for constitution of such Funds for crediting all moneys received, respectively, by or on behalf of the Panchayats and also for the withdrawal of such moneys therefrom, as may be specified in the law.
Article 243-I empowers the Governor to constitute a Finance Commission to review the financial position of the Panchayats and to make recommendations to the Governor as to the principles which shall govern the distribution of the taxes, duties, tolls and fees leviable by the State between the State and the Panchayats; the determination of the taxes, duties, tolls and fees which may be assigned to, or appropriated by, 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; any other matter referred to the Finance Commission in the interests of sound finance of the Panchayats. Further, the Legislature may provide for the composition of the Commission and the qualifications of members, and the manner of their selection. The Commission shall determine their procedure and shall have such powers in the performance of their functions as the Legislature of the State may, by law, confer on them. The Governor shall cause every recommendation made by the Commission to be laid before the Legislature of the State. Under article 243J, the Legislature of a State is empowered to make provisions with respect to the maintenance and auditing of accounts of the Panchayats.
Under article 243K, the superintendence, direction and control of the preparation of electoral rolls for and the conduct of all elections to the Panchayats shall be vested in a State Election Commission consisting of a State Election Commissioner to be appointed by the Governor, whose conditions of service and tenure shall be such as may be determined by the Governor. Article 243L has provided that the provisions of the newly inserted Part IX of the 73rd Amendment shall apply to the Union territories. However, the President is empowered to 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.
Under article 243-O, the Courts are barred from interfering in electoral matters such as the validity of any law relating to the delimitation of constituencies or the allotment of seats to such constituencies, made or purported to have been made under article 243K. Further, no election to any Panchayat shall be called in question except by an election petition presented to such authority and in such manner as is provided for by or under any law made by the Legislature of a State.〔 〕

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
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