relating to the Constitutional provisions like Article 40 , the provisions of Part IX in general and Article 243G in particular, Articles 245 , 246 , Seventh Schedule ... declared unconstitutional. A careful analysis of the Article makes it clear that the directives envisaged by Article 243G are discretionary in nature. Hence the contention
working, power and function. He referred to the
scheme contained in Article 243G to contend that the Legislature of
the State was only authorized ... unbridled and unguided power to enact law. The scheme under
Article 243G is indicative of the fact that the State Legislature had to
enact
virtue
of the provisions contained in Article 243N of the Constitution.
20. The expression used in Article 243G is "may" while specifying ... examined earlier the provisions of the said
Article, and in my opinion the manner in which Article 243G has been
drafted in exercise of constituent
working, power and function. He referred to the
scheme contained in Article 243G to contend that the Legislature of
the State was only authorized ... unbridled and unguided power to enact law. The scheme under
Article 243G is indicative of the fact that the State Legislature had to
enact
apply these principles
in making laws.
By 73rd Constitutional Amendment Article 243G was
introduced in the Constitution of India. Article 243G reads as
under ... relation
to the matters listed in the Eleventh Schedule."
Article 243G , thus, endows the Panchyats with such
power and authority as may be necessary
Vikas Adhikari. The controversy involved, starts from the year 1994, when Article 243G was inserted in the Constitution of India, which gave powers, authority ... responsibility to the Gram Panchayat. For facility. Article 243G of the Constitution is quoted hereunder:
" Article 243G. Subject to the provisions of this Constitution
Article 14. In the instant case, when we consider the facts, Panchyat Raj institutions have to act as an independent body, as per Article 243G ... vires to Articles 14 and 16 of the Constitution of India; the same is in consonance with the spirit of Article 243G of the Constitution
support of the aforesaid submissions.
Discussion :
7. Article 243G of the Constitution and Scheme of the Panchayats Act, 1993 :
7.1 Before dealing with the submissions ... appreciate the scheme of the Gujarat Panchayats Act, 1993 , because even Article 243G of the Constitution conferring constitutional status on the Panchayats as institutions
cattle market.
10. In Velpur Gram Panchayat (supra) the purport of
Article 243G of the Constitution of India and the powers
conferred on the Panchayats ... provisions of the Markets Act . He invited
our attention to Article 243G of the Constitution to contend that
PR Act has been enacted
seventy third Amendment made in the year 1992 that Article 243G was inserted in the Constitution, which dwells upon powers, authority, and responsibility of Panchayats ... directive principles of State policy as enshrined in Article 40 of the Constitution. Article 243G inserted by Constitution (Seventy third Amendment) Act, 1992, enjoins upon
