Introduction

The Constitution of India is the supreme law of the country, providing the framework for governance and the rights and duties of its citizens. Article 243ZB is a significant provision within the Constitution that pertains to the application of the provisions of Part IX (Panchayats) to the Union territories.

Understanding Article 243ZB

Article 243ZB was introduced through the 73rd Amendment Act of 1992, which aimed to strengthen local self-governance in rural areas by establishing Panchayats. This amendment extended the application of Part IX of the Constitution, which deals with Panchayats, to the Union territories as well.

Prior to this amendment, Panchayats were only applicable to the states. However, with the inclusion of Article 243ZB, the provisions of Part IX are now extended to the Union territories, ensuring that local self-governance is established even in these regions.

Application of Panchayats in Union territories

With the application of Article 243ZB, Panchayats have been established in Union territories, providing a platform for local self-governance. The Union territories are divided into two categories:

1. Union territories with a legislature: These include Delhi and Puducherry, which have their own elected governments. In these territories, the Panchayats function under the respective state legislations.
2. Union territories without a legislature: These include Andaman and Nicobar Islands, Chandigarh, Dadra and Nagar Haveli, Daman and Diu, Lakshadweep, and Ladakh. In these territories, the Panchayats function under the Union territory legislations.

The Panchayats in Union territories are responsible for various functions, including:

• Local planning and development
• Implementation of government schemes
• Provision of basic amenities
• Collection of taxes and fees
• Ensuring social justice and welfare
• Resolution of disputes at the local level

These functions are carried out by elected representatives at the village, intermediate, and district levels, as per the provisions of Part IX of the Constitution.

Challenges and Issues

While the application of Article 243ZB has brought local self-governance to the Union territories, there are certain challenges and issues that need to be addressed:

1. Limited powers and resources: The Panchayats in Union territories often have limited powers and resources compared to their counterparts in states. This hampers their ability to effectively carry out their functions and meet the needs of the local population.
2. Dependency on the central government: Union territories are directly governed by the central government, and the Panchayats in these territories are dependent on the central government for financial and administrative support. This can sometimes lead to delays in decision-making and implementation of local initiatives.
3. Unique challenges of Union territories: Union territories, especially those without a legislature, face unique challenges such as limited land area, ecological sensitivity, and a diverse population. These challenges require special attention and tailored solutions to ensure effective local governance.
4. Awareness and participation: There is a need to create awareness among the residents of Union territories about the role and functions of the Panchayats. Increased participation of the local population in the decision-making process is crucial for the success of local self-governance.

Conclusion

Article 243ZB of the Indian Constitution has played a significant role in extending the application of Panchayats to the Union territories. This provision has provided a platform for local self-governance in these regions, allowing for the effective implementation of government schemes and the resolution of local issues. However, there are challenges that need to be addressed to ensure the success of local self-governance in Union territories. By overcoming these challenges and empowering the Panchayats, the vision of inclusive and participatory governance can be realized in the Union territories of India.