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2011 Supreme(HP) 2347

KURIAN JOSEPH, V.K.SHARMA
Angdui Norbu – Appellant
Versus
State of H. P. – Respondent


Advocates Appeared:
For the petitioners:Mr. Shrawan Dogra, Advocate.
For the Respondents: Mr. R.K. Bawa, AG, with Mr. Ankush Dass Sood, Addl. AG,
for respondents No. 1 & 2.
Mr. Vishal Panwar, Advocate, for respondents No. 3 to 8.

JUDGMENT

Justice Kurian Joseph, C.J.

Dictionary defines democracy as “a system of government by the whole population usually through elected representatives” (The Concise Oxford Dictionary). Democracy pre-supposes participation and involvement of the people governing systems. A village is the basic and indestructible unit of our social system. Article 40 of the Constitution of India obliged the State to take steps to organize village panchayats and endow them with such powers and authority, as may be necessary, to enable them to function as units of self-government, as a directive principle of a state policy. It took more than 40 years to give a meaningful translation of that principle, by introducing the 73rd amendment in the Constitution in the year 1992, providing for the conferment of powers on local self government institutions, in the process of de-centralization of democratic institutions and providing for greater accountability between the citizens and the State. It will be profitable in this context, to refer to the legislative intent as reflected in the statement of

objects and reasons for the 73rd and 74th amendments, which read as follows:

“73rd Amendment:

1. Though the



































































































































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