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Showing contexts for: devolution of powers in U.P. Gram Panchayat Adhikari Sangh & Ors vs Daya Ram Saroj & Ors on 11 December, 2006Matching Fragments
By 73rd Constitutional Amendment Article 243G was introduced in the Constitution of India. Article 243G reads as under:-
"243G. Powers, authority and responsibility of Panchayat. Subject to the provisions of this Constitution the Legislature of a State may, by law, endow the Panchayats 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, subject to such conditions as may be specified therein, with respect to
(a) the preparation of plans for economic development and social justice;
(b) 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."
Article 243G, thus, endows the Panchyats with such power and authority as may be necessary to enable them to function as institutions of self government. Such law may contain provisions for the devolution of powers and responsibilities upon Panchayats, subject to conditions as may be specified, with respect to 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 of the Constitution.
The principle contention which appears to be common is that the Tube-well Operators were transferred as a consequence of transfer of Governmental functions inter-alia relating to minor irrigation, water management and water- shed development etc. as part of the Constitutional Scheme of devolution of powers on Gram Panchyats by law as a permanent measure in order to enable them to function as units of self-government. It is argued that this is one of the basic features of the Constitution of India. The transfer of Government employees engaged in discharging the functions along with the tube-wells was the necessary consequence of the State Legislature transferring certain functions of the Government permanently to the Gram Panchayats to achieve the Constitutional goal. A sustained bureaucracy was sought to be created. Such devolution of powers by law is irreversible. In any event, it cannot be undone either directly or indirectly by the Executive which has to function in accordance with the law, namely the U.P. Panchayat Raj Act, 1947 as amended in 1994 and again in 1999.
Article 243G enables the Panchayats to function as institutions of self-government and such law may contain provisions for the devolution of powers and responsibilities upon Panchayats, subject to such conditions as may be specified therein, with respect to 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. The enabling provisions are further subject to the conditions as may be specified. Therefore, it is for the State Legislature to consider legal conditions and make the law accordingly. The devolution of exercise would also be open to the State to eliminate or modify. See Constitution Bench Judgment in M. Nagaraj & Ors. v. Union of India & Ors. (2006) 8 SCC 212. Also see Akhil Bharat Goseva Sangh (3) v. State of A.P. & Ors. (2006) 4 SCC 162 and Kuldip Nayar and Ors. v. Union of India & Ors. (2006) 7 SCC 1. where a Constitution Bench of this Court considered the basic structure theory in paragraph 107 of the Judgment and held as under: