ANGDUI NORBU Vs. STATE OF H P

JUDGEMENT

(1.) 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:

(2.) In this case, we are concerned with a peculiar situation in the matter of constitution of Panchayat at intermediate level - Panchayat Samiti and the election of Chairman and Vice Chairman thereof. Under Article 243-C of the Constitution of India, it is for the State legislature to make provisions in respect of constitution of Panchayats. Article 243-C(2) , reads follows:

(3.) Article 243-C(3) provides for the composition of Panchayats, which reads as follows: