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Showing contexts for: devolution of powers in R. Venkategowda vs State Of Karnataka on 10 April, 1992Matching Fragments
(iv) The enormous power and functions conferred on the Zilla Parishad read with its democratic structure, points out to the devolution of such power on the Zilla Parishads for the purpose of securing the real Panchayat Raj system of Mahatma Gandhiji's dream (See: PANCHAYATRAJ BY M.K.GANDHI - Navajeevan Publishing House) which came to be enshrined as a Directive Principle in Article 40, for the people, through their elected representative - a local self Government in the real sense of the term.
The learned Counsel for the petitioner submitted that the Statement of Objects and Reasons enclosed to the Bill and a few provisions of the bill, themselves are sufficient to show that the above reason is inter-able. Statement of Objects and Reasons and the relevant clauses of the Bill on which they relied read:-
(1) Statement of Objects and Reasons:
"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 people's bodies due to a number of reasons including absence of regular elections, prolonged supersession, insufficient representation of weaker sections like Scheduled Caste, Scheduled Tribes & Women inadequate devolution of powers and lack of financial resources.
3. Accordingly, it is proposed to add a new Part relating to Panchayats in the Constitution to provide for among other things, Gram Sabha in a village and other level or levels; direct elections to all seats in Panchayats at the village and intermediate level, if any, and to the offices of Chair-persons of Panchayats at such levels; reservation of seats for the Scheduled Castes and Scheduled Tribes in proportion to their populations for membership of Panchayats and office of Chair-persons in Panchayats at each level; reservation of not less than one-third of the seats for women; fixing tenure of 5 years for Panchayats and holding elections within a period of 6 months in the event of supersession of any Panchayat; disqualifications for membership of Panchayats; devolution by the State Legislature of powers and responsibilities upon the Panchayats with respect to the preparation of plans for economic development and social justice and for the implementation of development schemes, sound finance of the Panchayats by securing authorisation from State Legislatures for grants-in-aid to the Panchayats from the Consolidated Fund of the State, as also assignment to, or appropriation by, the Panchayats of the revenues of designated taxes, duties, tolls and fees; setting up of a Finance Commission within one year of the proposed amendment and thereafter every 5 years to review the financial position of Panchayats; auditing of accounts of the Panchayats; powers of State Legislatures to make provisions with respect to elections to Panchayats under the superintendence, direction and control of the Chief electoral officer of the State; application of the provisions of the said Part to Union Territories; excluding certain States and areas from the application of the provisions of the said Part, continuance of existing laws and Panchayats. until one year from the commencement of the proposed amendment and barring interference by courts in electoral matters relating to Panchayats."