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The resolution by GPS may be done by 15th of May 2012 and selection by Block may be completed by 15th of June 2012 and approval of Sub-Collector by 15th July 2012."

Case of the Petitioners

9. Mr. S.K. Dalai, learned counsel appearing for the Petitioners first referred to Article 243G of the Constitution of India which deals with the powers, authority and responsibilities of the Panchayat and reads as under:

"243G. Powers, authority and responsibilities of Panchayats: 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;

Analysis and reasons

17. Article 243G of the Constitution of India which has been inserted by the Constitution (73rd Amendment Act 1992) states that there shall be a devolution of powers and responsibilities upon Panchayats 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. The entry at Sl. No.28 of the 11th Schedule specifies the "Public Distribution System". In other words, the powers and responsibilities in respect of the PDS vest with the elected GPs.

21. Turning next to the decision in U.P. Gram Panchayat Adhikari Sangh (supra), the Supreme Court was concerned with the application where tube well operators of the Irrigation Department of the State Government were transferred to the GPs as a result of devolution of powers, governmental functions on the GPs inter alia "relating to minor irrigation, water management and watershed development". On analyzing Section 25 B of the U.P. Panchayat Raj Act, 1947, it was concluded as under:

"47. Section 25, thus, clearly discloses that the transfer shall be made with such designation as may be specified in the Government Order; transfer and posting in Gram Panchayat shall be made by such authority in such manner, as may be notified by the State Government; the transferred employee to the Gram Panchayat shall be under the supervision and control of the Gram Panchayat; the service conditions of the employee shall be on the same terms and conditions and with the same rights and privileges as to retirement benefits and other matters, including promotion, as would have been applicable to him immediately before such transfer; while in service in the Gram Panchayat, they shall perform such duties as may be specified from time to time by the State Government."

Thus, it is evident that the High Court has taken a view that the provision of Article 243-G is merely an enabling provision, and it is not a source of legislation. This view seems to be in consonance with the law laid down by this Court in U.P. Gram Panchayat Adhikari Sangh & Ors. v. Daya Ram Saroj & Ors., (2007) 2 SCC 138, wherein an observation has been made that Article 243- G is an enabling provision as it enables the Panchayats to function as institutions of self-government. Further, this Court noted that 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 relations 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 conditions and to make laws accordingly. It is also open to the State to eliminate or modify the same.