PRITAM SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) IN these two petitions prayer has been made to direct the respondent -Government to transfer powers, responsibility and finances to the Panchayat Samitis and Zila Parishads to enable them to implement schemes for economic development and social justice in accordance with the Constitution (73rd) Amendment Act, 1992, and the Punjab Panchayati Raj Act, 1994.

(2.) PETITIONERS in Civil Writ Petition No. 16232 of 1995 are Chairman, Block Samiti Budhlada, District Mansa, and members of the Zila Parishad, Mansa. They were elected to their respective offices in the year 1994. Petitioners have alleged that despite insertion of Article 243 -G by virtue of 73rd Constitutional Amendment and incorporation of similar provisions in the Punjab Panchayati Raj Act, 1994, the respondent State Government has not taken steps to transfer the various functions to the Zila Parishads and Panchayat Samitis resulting in deprivation of benefits to the rural masses and being representatives of the people, they have sought intervention of the Court. In its reply, the respondent State has stated that the Punjab Panchayati Raj Act, 1994 is aimed at to give more administrative, supervisory and monetary powers to the Panchayati Raj Institutions. In order to give effect to these provisions, a decision was taken in the meeting of the State level Officers held in August, 1995, to send four teams of experienced departmental officers to the States of Maharashtra, Karnataka, Madhya Pradesh and Rajasthan to study the Panchayati Raj system in those States and to adopt and incorporate the best out of the systems of the Panchayati Raj in these States. These teams studied the Panchayati Raj system in the respective States and submitted report to the Government. Thereafter, the Government constituted a Cabinet Sub -committee to study the matter and arrive at the modalities for transfer of 27 subjects of different departments to the Panchayati Raj Institutions and a Committee headed by Shri R.R. Bhardwaj, the then Financial Commissioner, Department of Rural Development and Panchayats was constituted. The Government also constituted a State Finance Commission for making recommendations about delegation of financial powers and resources to these Institutions. The Chairman. Finance Commission, held a number of meetings with the Chairpersons and Vice Chairpersons and members of Panchayat Samitis and Zila Parishads to find out ways and means to increase resources of the Panchayati Raj Institutions and for giving taxation powers to these Institutions so as to make them self -reliant. It has also been stated that the Government also called experienced and retired experts of the Department and thereafter the Finance Commission submitted its recommendations to the Government on 20.10.1995 which were placed on the floor of the House and comments on the same are being sent from the Government to the concerned Department. Reference has been made to the Punjab Panchayat Election Rules, 1994 and the Punjab Reservation for the Offices of Sarpanches of Gram Panchayats and Chairmen and Vice Chairmen of the Panchayat Samitis and Zila Parishads Rules, 1995. It is stated that several other Rules have also been framed and the matter is under active consideration of the Government and the process of devolution of powers is going on and the Government is taking every step to discharge its obligations to devolve powers to the, Panchayati Raj Institutions at the earliest.

(3.) ARTICLE 38 of the Constitution makes it obligatory for the State to strive to promote the welfare of the people by securing and protecting a social order in which justice, social, economic and political shall inform all the institutions of national life. State is also required to take steps to minimise inequalities in status, facilities and opportunities among individuals and groups of individuals residing is different areas or engaged in different vocations. Article 39(a) requires the State to direct its policy towards securing right to adequate means of livelihood. Clauses (b) and (c) thereof require the State to direct its policy in such a manner that material resources of the community are distributed to subserve the common good and operation of the economic system does not result in concentration of wealth and means of production to the common detriment. Article 40 imposes a duty on the State to take steps to organise village Panchayats and to endow them with such powers and authority as may be necessary to enable them to function as units of self -Government. Article 45 requires the State to provide free and compulsory education to all children upto the age of 14 years. Article 46 mandates the State to promote education and the economic interests of Scheduled Castes, Scheduled Tribes and other weaker sections and to take steps to protect them from social injustice and exploitation. Article 47 imposes a duty on the State to raise the level of nutrition and the standard of living of the people and to improve public health. Article 48 requires the State to organise agriculture and animal husbandry on modern and scientific lines. All these Articles find place in Part IV of the Constitution and although as per Article 37 the provisions contained in various Articles of Part IV are not enforceable by any Court but the principles contained therein are fundamental in the governance of the country, and the State is under a duty to apply these principles while enacting laws.