Indian Kanoon - Search engine for Indian Law

"122(2) The Panchayat Executive Officers appointed under sub-section (1) shall act as such within the local area of such Grama or Gramas as may be assigned to them by the Collector, and] 122(3) Subject to the provisions of Sub-section (1), the '[Panchayat Executive Officer) shall function under the control and supervision of the Grama Panchayat.]"

4.11. Similarly, Article-243(G) of the Constitution of India reads as follows:-

"243-G. Powers, authority and responsibilities of Panchayats. Subject to the provisions of the 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."

4.16. Hon'ble Apex Court in the case of Daya Ram Saroj & Ors in para-3, 4 and 37 has held as follows:-

"3. By the 73rd Constitutional Amendment Article 243-G was introduced in the Constitution of India. Article 243-G reads as under:

"243-G. Powers, authority and responsibilities of Panchayats.--Subject to the provisions of the 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."

4. Article 243-G, thus, endows the Panchayats 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 // 12 // social justice as may be entrusted to them including those in relation to the matters listed in the Eleventh Schedule of the Constitution.

xxxx xxxx xxxxx

37. This contention, in our view, is not tenable in law. We have already said that the 73rd Amendment was brought into force on 24-4-1993 to give effect to one of the directive principles of State policy, namely, Article 40 of the Constitution. Therefore, it cannot be said that the 73rd Amendment of the Constitution is the basic feature of the Constitution. Article 40 cannot be said to qualify as the basic feature of the Constitution. The 73rd Amendment came to the Constitution by way of amendment under Article 368 and, therefore, it cannot be said to be a basic feature of the Constitution. It is an enabling provision and the State is empowered to eliminate, modify or cancel by exercising power under the enabling provision. Article 243-G is an enabling provision. Article 243-G 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 (sic) would also be open to the State to eliminate or modify. See Constitution Bench judgment in M. Nagaraj v. Union of India [(2006) 8 SCC 212] . Also see Akhil Bharat Goseva Sangh (3) v. State of A.P. [(2006) 4 SCC 162] and Kuldip Nayar v. Union of India [(2006) 7 SCC 1] where a Constitution Bench of this Court considered the basic structure theory in para 107 of the judgment and held as under: (Kuldip Nayar case [(2006) 7 SCC 1] , SCC p. 67) "107. The basic structure theory imposes limitation on the power of Parliament to amend the Constitution. An amendment to the Constitution under Article 368 could be challenged on the ground of violation of the basic structure of the Constitution. An ordinary legislation cannot be so challenged. The challenge to a law made, within its legislative competence, by Parliament on the ground of violation of the basic structure of the Constitution is thus not available to the petitioners.""