UPPSC 2024 Prelims GS Paper-I · Question 146 of 150

Correct — D, 73rd and 74th Amendment Acts. These are the twin amendments of 1992 that turned local government from a Directive Principle into a constitutional tier. The Constitution (Seventy-third Amendment) Act, 1992 inserted Part IX, 'The Panchayats' (Articles 243 to 243-O), and the Eleventh Schedule with its twenty-nine subjects for devolution to Panchayats; it came into force on 24 April 1993, the date now observed as National Panchayati Raj Day. The Constitution (Seventy-fourth Amendment) Act, 1992 inserted Part IXA, 'The Municipalities' (Articles 243P to 243ZG), and the Twelfth Schedule with its eighteen municipal subjects; it came into force on 1 June 1993. Between them they made local bodies mandatory rather than optional, fixed a five-year term with elections within six months of dissolution, reserved seats for Scheduled Castes, Scheduled Tribes and women, and required every State to constitute a State Election Commission to run local polls and a State Finance Commission every five years to review local finances. Before 1992, local self-government rested only on Article 40, a non-justiciable Directive Principle asking the State to organise village panchayats, and on State law that could be suspended at will — which is exactly why the amendments were needed. Rural in the 73rd, urban in the 74th, both in 1992: that pairing is the answer.

• (a)63rd and 64th Amendment Acts — Both were about the emergency in Punjab, not about local bodies. The 63rd Amendment repealed Article 359A, the special Punjab emergency provision that the 59th Amendment had inserted, and the 64th Amendment amended Article 356 to allow President's rule to run up to three years and six months in Punjab. Nothing in either touches Panchayats or Municipalities.
• (b)86th and 87th Amendment Acts — The 86th Amendment Act, 2002 made elementary education a fundamental right by inserting Article 21A, substituting Article 45 and adding the fundamental duty in Article 51A(k). The 87th Amendment Act, 2003 extended the use of the 2001 census figures for the statewise distribution of parliamentary seats. Education and delimitation — neither is local government. The 86th is the commonest wrong pick here because 'primary education' feels like a panchayat subject; it is on the Eleventh Schedule list, but the amendment that created the right is not the amendment that created the tier.
• (c)42nd and 43rd Amendment Acts — The 42nd Amendment Act, 1976, the so-called mini-Constitution passed during the Emergency, added 'Socialist', 'Secular' and 'Integrity' to the Preamble, inserted the Fundamental Duties in Part IVA and moved education and forests to the Concurrent List; the 43rd Amendment Act, 1977 repealed several of its anti-freedom provisions and restored the jurisdiction of the Supreme Court and the High Courts. Sweeping changes, but not one of them creates a tier of local government.

Until 1992 local self-government in India had no constitutional guarantee. Article 40, a Directive Principle, merely asked the State to take steps to organise village panchayats and endow them with the powers necessary to function as units of self-government — advice, not obligation. A chain of committees pressed for more: Balwant Rai Mehta (1957) designed the three-tier system, Ashok Mehta (1977-78) proposed a two-tier alternative, G.V.K. Rao (1985) attacked bureaucratic capture of rural development, and L.M. Singhvi (1986) argued outright for constitutional status. That argument was finally accepted in the twin amendments of 1992: the 73rd added Part IX and the Eleventh Schedule for rural India, the 74th added Part IXA and the Twelfth Schedule for urban India, and together they created what is often called India's third tier of federalism.

This is a straight recall item, and it is answered fastest by remembering the pairing rather than the numbers one at a time — 73 and 74 always travel together, rural then urban, both 1992, coming into force on 24 April 1993 and 1 June 1993 respectively. If you are unsure, eliminate: the 42nd and 43rd belong to the Emergency and its unwinding, the 63rd and 64th to Punjab, and the 86th and 87th to education and delimitation, so none of the other three pairs can be about local bodies. It is worth carrying the schedule counts as well, because UPPSC asks them directly: the Eleventh Schedule has 29 subjects and the Twelfth has 18. Note also what the amendments did not do. They made the constitution of Panchayats and Municipalities mandatory, but the actual devolution of funds, functions and functionaries was left to State legislatures, which is why the strength of local government still varies sharply from State to State.

• The Constitution (Seventy-third Amendment) Act, 1992 inserted Part IX, 'The Panchayats' (Articles 243 to 243-O), and the Eleventh Schedule with 29 subjects; it came into force on 24 April 1993, now National Panchayati Raj Day.
• The Constitution (Seventy-fourth Amendment) Act, 1992 inserted Part IXA, 'The Municipalities' (Articles 243P to 243ZG), and the Twelfth Schedule with 18 subjects; it came into force on 1 June 1993.
• Together they mandate a five-year term for local bodies, elections within six months of dissolution, reservation for Scheduled Castes, Scheduled Tribes and women, a State Election Commission for local polls and a State Finance Commission every five years.
• Before 1992 local self-government rested only on Article 40, a non-justiciable Directive Principle asking the State to organise village panchayats.
• The distractor amendments: the 63rd repealed Article 359A on the Punjab emergency and the 64th extended President's rule in Punjab; the 86th (2002) created the right to education through Article 21A and the 87th (2003) fixed the 2001 census for the statewise distribution of parliamentary seats; the 42nd (1976) was the mini-Constitution and the 43rd (1977) repealed several of its provisions.

• Picking the 86th Amendment because primary education is an Eleventh Schedule subject. The 86th created a fundamental right to education; it did not create the local tier.
• Mixing up the Acts' year with their commencement. Both amendments are of 1992; the 73rd came into force on 24 April 1993 and the 74th on 1 June 1993, and questions are set on both dates.
• Swapping the schedules. Eleventh Schedule, 29 subjects, panchayats; Twelfth Schedule, 18 subjects, municipalities. Reversing them is the single most common error in this area.

UPPSC asks this as plain recall — which amendment, which Part, which Schedule, how many items, what date came into force. UPSC prefers to test the internal detail of Part IX, such as the reservation percentage, the State Finance Commission or the six-month rule after dissolution. Learn the pair, the two Parts, the two Schedules with their counts and the two commencement dates, and both styles are covered.

• practice — not a real PYQ

  The Eleventh Schedule and the Twelfth Schedule of the Constitution of India contain how many subjects respectively?

  • (a)18 and 29
  • (b)29 and 18
  • (c)29 and 12
  • (d)12 and 18

  Answer(b) 29 and 18 — the Eleventh Schedule, added by the 73rd Amendment, lists 29 subjects for Panchayats; the Twelfth Schedule, added by the 74th Amendment, lists 18 subjects for Municipalities.

• practice — not a real PYQ

  The Constitution (Seventy-fourth Amendment) Act, 1992 inserted which Part into the Constitution of India?

  • (a)Part IX
  • (b)Part IXA
  • (c)Part IVA
  • (d)Part XIVA

  Answer(b) Part IXA — 'The Municipalities', Articles 243P to 243ZG, in force 1 June 1993. Part IX ('The Panchayats') came from the 73rd Amendment, Part IVA (Fundamental Duties) from the 42nd, and Part XIVA (Tribunals) also from the 42nd.