H.K.SEMA, P.K.BALASUBRAMANYAN
U. P. GRAM PANCHAYAT ADHIKARI SANGH – Appellant
Versus
DAYA RAM SAROJ – Respondent
Judgment
H.K. SEMA, J. - The Constitution (Seventy - third Amendment) Act, 1992 came into force on 24 - 4 - 1993. The said amendment was brought into force to give effect to one of the directive principles of State policy, Article 40 of the Constitution of India, which directs the State to organise Village Panchayats as units of self - government. Article 40 reads as under:
"40. Organisation of Village Panchayats. - The State shall take steps to organise Village Panchayats and endow them with such powers and authority as may be necessary to enable them to function as units of self - government. "
2. Part IV of the Constitution deals with "directive principles of State policy". Article 37 provides that the provisions contained in this Part shall not be enforceable by any court, but the principles therein laid down are nevertheless fundamental in the governance of the country and it shall be the duty of the State to apply these principles in making laws.
3. By the 73rd Constitutional Amendment Article 243 - 0 was introduced in the Constitution of India. Article 243 - 0 reads as under:
"243 - 0. Powers, authority and responsibilities of Panchayats. - Subject to the provisions of the
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