Which of the following are voluntary provisions in the 73rd Constitutional…

2013

Which of the following are voluntary provisions in the 73rd Constitutional Amendment Act (1992) ?

1. Minimum age of 21 for contesting elections to Panchayats.

2. Indirect elections to the post of Chairperson of Panchayats at the intermediate and district levels.

3. Representation of Members of Parliament and State Legislature on Panchayati Raj institutions.

4. Reservation of seats for backward classes.

Select the correct answer from the code given below :

Codes :

Answer: D. 3 and 4Concept: The Constitution separates compulsory Panchayat safeguards from enabling provisions that a State Legislature may adopt by law. A provision expressed…

  1. A.

    1, 2 and 4

  2. B.

    2, 3 and 4

  3. C.

    1, 2 and 3

  4. D.

    3 and 4

Attempted by 4 students.

Show answer & explanation

Correct answer: D

Concept: The Constitution separates compulsory Panchayat safeguards from enabling provisions that a State Legislature may adopt by law.

A provision expressed as a constitutional requirement is mandatory; a provision left to State law is voluntary.

Application

  1. Statement 1 is mandatory: Article 243F prevents disqualification on age when a person has attained 21 years.

  2. Statement 2 is mandatory: Article 243C(5) requires chairpersons at the intermediate and district levels to be elected by and from among the elected members.

  3. Statement 3 is voluntary: Article 243C(3) allows a State Legislature to provide representation for Members of Parliament and the State Legislature.

  4. Statement 4 is voluntary: Article 243D(6) allows a State Legislature to reserve seats or chairperson offices for backward classes.

Contrast and cross-check

  • The combination 1, 2 and 4 includes two compulsory provisions.

  • The combination 2, 3 and 4 includes the compulsory chairperson-election rule.

  • The combination 1, 2 and 3 includes both compulsory provisions.

Result: The voluntary provisions are Statements 3 and 4.

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