Document Fragment View
Fragment Information
Showing contexts for: devolution of powers in Shivangiben Chetankumar Patel vs State Of Gujarat on 9 May, 2018Matching Fragments
[13] Prior to the enactment of Gujarat Panchayats Act, 1993, in the State of Gujarat Panchayati Raj Institutions were governed by the provisions under the Gujarat Panchayats Act, 1961. By virtue of Section 276 of the Gujarat Panchayat Act, 1993, earlier Act i.e. Gujarat Panchayats Act, 1961 was repealed. In the preamble of Gujarat Panchayats Act, 1993 itself, it is categorically stated that by the Constitution (Seventy Third Amendment) Act, 1992, Part IX relating to the panchayats has been inserted in the Constitution and it is expedient to bring the law relating to Panchayats in the State of Gujarat in conformity with the said Part IX of the Constitution. [14] Objects and reasons of the 73rd Amendment Act, 1992 reads as under : "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 Castes, Scheduled Tribes and Women, inadequate devolution of powers and lack of financial resources.
[25] Going to the objects and reasons of the Constitution (73rd Amendment) Act, 1992, it was felt that Panchayati Raj Institutions, though in existence for a long time, have not been able to acquire the status and dignity of viable and responsive people's bodies due to number of reasons including absence of regular elections, prolonged supersession, insufficient representation of weaker section i.e. Schedule Castes, Schedule Tribes and women, inadequate devolution of powers and lack of financial resources. Further, it is evident that in view of short comings which have been observed, it is considered to have imperative need to enshrine in the Constitution certain basic and essential features of Panchayati Raj Institutions to impart certainty, continuity and to strengthen them. It is clear from the said objectives that one of the basic objects' and reasons is to impart certainty, continuity and strength to the Panchayati Raj Institutions, which are proposed on three tier basis i.e. Gram Panchayat at Village level, Taluka Panchayat at Taluka level and District Panchayat at District level. From the preamble of the Gujarat Panchayats Act, 1993, it is evident that Gujarat Panchayats Act, 1993 is enacted to bring law relating to panchayats in State of Gujarat in conformity with Part IX of the Constitution.