Previous Year Question
With reference to Panchayats which of the statements is/are correct?
Fifty percent seats shall be reserved for the women of SC/ST categories.
Gram Sabha is a body consisting of all persons living in the village.
There will be a Panchayat at intermediate level.
Select the correct answer using the codes given below:
Codes:
1 only
2 and 3
Both 1 and 2
3 only
Correct Answer: D
Detailed Solution
Statement 1 is incorrect. Under Article 243D(2), not less than one-third of the total seats reserved for Scheduled Castes and Scheduled Tribes must be reserved for women belonging to the respective SC/ST categories. The Constitution does not prescribe 50 percent in this provision.
Under clause (3) of the same Article, not less than one-third of the total seats filled by direct election in every Panchayat must be reserved for women, including seats reserved for SC/ST women. A State may provide a higher reservation through its law, but the constitutional statement of 50% for SC/ST women given in the question is not correct.
Statement 2 is also incorrect. Under the definition in Article 243(b), a Gram Sabha does not automatically consist of every person merely residing in the village. It consists of persons registered in the electoral rolls relating to the village within the area of the village-level Panchayat. Therefore, residence alone is not sufficient.
Statement 3 is treated as correct in this question. Under Article 243B(1), Panchayats are to be constituted at the village, intermediate and district levels in every State. Thus, the general three-tier constitutional structure provides for an intermediate-level Panchayat.
However, an important exception must also be remembered. Under Article 243B(2), an intermediate-level Panchayat need not be constituted in a State having a population not exceeding 20 lakh. Thus, the intermediate Panchayat is the general constitutional rule, subject to this exception for smaller States.