LAWS(P&H)-2013-4-90

ABHISHEK RISHI Vs. STATE OF PUNJAB

Decided On April 03, 2013
Abhishek Rishi Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) The Constitution (Seventy Third) Amendment Act, 1992 (for short the "73 rd 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:

(3.) The 73 rd amendment clearly envisages a three tier system of governance in rural areas, that is at the village, intermediate and district levels. The term 'intermediate level' has been employed and is found, apart from in Article 243B, in Article 243C as well to indicate: