Hemant Gupta, Ajay Tewari, Rajiv Narain Raina
Abhishek Rishi – Appellant
Versus
State of Punjab – Respondent
Mr. Rajiv Narain Raina, J.:- The Constitution (Seventy Third) Amendment Act, 1992 (for short the “73rd Amendment”) introduced Part IX in the Constitution of India relating to Panchayats, the provisions of which were promulgated on 24.4.1993. Articles 243 to 243-O were, inter alia, incorporated by the said amendment in the Constitution under the heading “The Panchayats”. The underlying objective of inserting Part IX was to create democratic decentralization and devolution of the powers of the legislature upon panchayats with respect inter alia to the preparation and implementation of plans for economic development and social justice for ensuring that traditionally marginalized groups in rural settings should progressively gain foothold in local self-government.
2. Article 243(d) of the Constitution defines ‘Panchayat’ to mean an institution (by whatever name called) of self-government constituted under Article 243B for the rural areas. Article 243B reads as follows:
“243B. Constitution of Panchayats.-(1) There shall be constituted in every State, Panchayats at the village, intermediate and district levels in accordance with the provisions of this Part.
(2) Notwithstanding a
Minor P. Rajendran v. State of Madras & Ors.
Roshan Lal Tandon v. Union of India
State of Andhra Pradesh & Ors. v. U.S.V. Balaram
State of Maharashtra v. Raj Kumar
T. Devadasan v. Union of India
Pradeep Jain v. Union of India
Saurabh Chaudri & Ors. v. Union of India & Ors.
State of Kerala v. N.M. Thomas
State of Madras v. Smt. Champakam Do Rai Rajan
Sudesh Rani v. State of Punjab
U.P Power Corporation Ltd. v. Ayodhya Prasad Mishra
V.N. Sunanda Reddy v. State of Andhra Pradesh
Yogesh Bhardwaj v. State of UP & Ors.
(Minor) A. Periakaruppan v. State of Tamil Nadu & Ors.
Akhil Bharatiya Soshit Karamchari Sangh v. Union of India
AVS Narsimhas Rao & Ors. v. State of Andhra Pradesh & Anr.
Dr. Narayan Sharma & Anr. v. Dr. Pankaj Kumar Lekhar
Govind A Mane & Ors. v. State of Maharashtra & Ors.
Indra Sawhney v. Union of India (Mandal Commission)
Kailash Chand Sharma etc. v. State of Rajasthan & Ors.
Kailash Chand Sharma v. State of Rajasthan & Ors.
M. Nagaraj & Ors. v. Union of India & Ors.
Janki Prasad Parimoo v. State of J & K
Kailash Chand Sharma v. State of Rajasthan & Ors. AIR 2002 SC 2877:(2002) 6 SCC 562. (Para 80)
Kuldip Nayar v. Union of India
Abdus Samad v. State of West Bengal
D.P.Joshi (Dr) v. State of Madhya Bharat
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.