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2004 Supreme(Pat) 633

RAVI S.DHAVAN, SHASHANK KR.SINGH
Uday Kumar – Appellant
Versus
State Of Bihar – Respondent


Judgment

Ravi S.Dhavan, J.

1. This matter is about the voids which are at present in the State legislation in not placing the Committee for District Planning (Article 243ZD). That it is not there in accordance with the Constitution of India is not in issue but is accepted.

2. Notice in this case was issued, as a constitutional exercise had to be gone into, to the Governor of Bihar, and the Chief Minister, Bihar. Notice was also issued to the Advocate General on 24 June, 2004.

3. The constitutional amendments came in 1993. The obligation to fall in line with the Constitution should have been done within one year (Article 243N and Article 243F).

4. Avoiding the obligations which have been given in the Constitution for ten years is an insult to the Constitution. Truly, the issue is about hesitation in transferring power to the peoples representatives of the third tier of government. In this regard, the following observations at the Chief Ministers conference on poverty alleviation and Rural Prosperity through Panchyati Raj dated 29 June, 2004 is reproduced:

"Our challenge today is to institutionalize this system of local self-government to make lndia not only the worlds largest democra




























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