Document Fragment View
Fragment Information
Showing contexts for: devolution of powers in Narenbhai Gunvantlal Jayaswal vs State Of Gujarat on 17 August, 2021Matching Fragments
9. Before proceeding further, the relevant extract of the Statement of Objects and Reasons of the Constitution (Seventy- Third Amendment) Act, 1992 are worth referring to, which reads thus:-
"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 supersessions, insufficient representation of weaker sections like Scheduled Castes, C/SCA/1994/2021 JUDGMENT DATED: 17/08/2021 Scheduled Tribes and women, inadequate devolution of powers and lack of financial resources.
10. As is discernible from the Statement of Objects and Reasons, though the Panchayati Raj Institutions have been in existence for a long time and it was observed that the 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 Schedule Caste, Scheduled Tribes and women, inadequate devolution of powers and lack of Financial resources, it was proposed to add a new part relating to panchayats in the Constitution to provide for among other things, gram Sabha in a village or group of villages; Constitution of panchayats at the 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 chairpersons of Panchayats at such levels; etc. With this objective in mind, the Constitution 73rd Amendment Act 1992 was brought into force in the Constitution of India.
11. Similarly, since it was observed that local bodies in many States have become weak and ineffective on account of a variety of reasons, including the failure to hold a regular elections, prolonged supersession and inadequate devolution of powers and functions as a result whereof, urban local bodies were not able to perform effectively as vibrant democratic unit of self-government, that the C/SCA/1994/2021 JUDGMENT DATED: 17/08/2021 74th Amendment was brought into force providing for various matters. The relevant extract of the Statement of Objects and Reasons of the Constitution (Seventy-Fourth Amendment) Act, 1992 reads thus:-
"In many States local bodies have become weak and ineffective on account of a variety of reasons, including the failure to hold regular elections, prolonged supersessions and inadequate devolution of powers and functions. As a result, Urban Local Bodies are not able to perform effectively as vibrant democratic units of self-government.
2. Having regard to these inadequacies, it is considered necessary that provisions relating to Urban Local Bodies are incorporated in the Constitution particularly for-