Consider the following statements regarding local governance: A) It is mandatory for the state legislatures to transfer the subjects listed under the Eleventh schedule to the Panchayati raj institutions. B) The state legislature can provide for mandatory educational qualifications for the candidates to contest elections to local bodies. Which of the statements given above is/are correct

Consider the following statements regarding local governance: A) It is mandatory for the state legislatures to transfer the subjects listed under the Eleventh schedule to the Panchayati raj institutions. B) The state legislature can provide for mandatory educational qualifications for the candidates to contest elections to local bodies. Which of the statements given above is/are correct Correct Answer Only B

• As per Article 40 under part IV of the Indian Constitution (Directive Principle of the State Policy), State shall take steps to organise village panchayats and endow them with such powers and authority as may be necessary to enable them to function as units of self-government.
• However, while implementing 73rd the constitutional amendment, states have been given enough freedom to take their geographical, politico-administrative and other conditions into account while adopting the Panchayati Raj System.
• Article 243H states that subject to the provisions of this Constitution, the Legislature of a State may, by law, endow the Panchayats (expression may by law implies that it is not mandatory) 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 of plans for economic development and social justice and the implementation of schemes for economic development and social justice as may be entrusted to them including those in relation to the matters listed in the Eleventh Schedule.
• Therefore, it is not mandatory for the state legislatures to transfer all of the subjects listed under the 11th schedule to the local bodies. Hence, statement A is not correct.
• The state legislature can mandate minimum educational qualifications for the candidates to contest elections to local bodies.
• Recently, Uttarakhand has unanimously passed a bill to this effect which made minimum educational qualifications mandatory for the election of candidates for rural local bodies. Earlier, Rajasthan and Haryana have also attempted to adopt this model. Hence, statement B is correct.