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Showing contexts for: devolution of powers in Kurapati Bangaraiah And 17 Others vs Govt. Of A.P. Rep., By Principal ... on 27 June, 2014Matching Fragments
In order to understand the purport of the Seventy-third Constitutional Amendment in Part IX of the Constitution, it is useful to refer to the Statements of Objects and Reasons for the amendment. Excerpts thereof are set out:
THE CONSTITUTION (SEVENTY-THIRD AMENDMENT) ACT, 1992 Statement of Objects and Reasons appended to the Constitution (Seventy-second Amendment) Bill, 1991 which was enacted as the Constitution (Seventy-third Amendment) Act, 1992 Though the Panchayati Raj institutions have been in existence for a long time, it has been observed that these institutions have not been able to acquire the status and dignity of viable and responsive peoples bodies due to a number of reasons including absence of regular elections, prolonged supersessions, insufficient representation of weaker sections like Scheduled Castes, Scheduled Tribes and women, inadequate devolution of powers and lack of financial resources.
Likewise the speech made by the mover of the Bill, explaining the reason for its introduction, can be referred to for the purpose of ascertaining the mischief sought to be remedied by the legislation, and the object and purpose for which the legislation was enacted. (Doypack Systems (P) Ltd. v. Union of India ; and K.P. Varghese v. ITO ). Reference can usefully be made, in this context, to the Lok Sabha debate, dated 1st December 1992, wherein it was stated:
"..At a broad level, we are seeking to provide a Constitutional guarantee to certain basic and essential features including regular elections to Panchayat Raj Institutions, representations in these bodies for Scheduled Castes, Scheduled Tribes and Women and devolution of financial and administrative powers with the co-operation of the States. I would now like to dwell briefly on some of the basic features of the Constitution Amendment Bill as reported by the Joint Committee and the rationale behind them.
Part IX of the Constitution seeks to control executive interference and has entrusted the task of protecting the Gram Panchayats - institutions of self-government - on the State Legislature. Under Article 243G, subject to the provisions of the Constitution of India, 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; and (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 Eleventh Schedule, to the Constitution of India, lists 29 matters in respect of which the State Legislature may devolve powers and responsibilities on Panchayats for implementation of schemes for economic development and social justice. Out of 29 subjects in Schedule XI of the Constitution, orders have been issued in respect of 17 subjects, and monitoring and review functions in relation to these programmes have been devolved on Panchayat Raj Institutions. (Ranga Reddy District Sarpanches Association34).