BIHAR RAJYA PANCHAYAT PARISHAD Vs. UNION OF INDIA

JUDGEMENT

(1.) NOTHING worth the name has been done as a dedicated exercise to work self government institutions referred to in the Constitution of India consequent upon 73rd and 74th amendments, the Chapters on Panchayats and Municipalities. Pushing figures without dates and leaving blanks against subjects for planning and fund allocation and not telling details whether powers and funds have been transferred to self government institutions, is running away from constitutional obligations. This is an anti -people stance at the behest of the State administration.

(2.) THE manner in which the self government institutions are being treated by the State of Bihar is subversive to democracy, self government institutions and utter disrespect to the Constitution of India.

(3.) THE information being presented to the Court is half baked and withheld. Transfer of powers to self government institution does not need formal hand over. It is inherent under the Constitution. If this information is classified, secret and confidential, then, the State government may claim non disclosure on the ground of privilege of the State. But, democracy and self government and the plans which facilitate the working of these institutions are public plans and public information. Non disclosure of information on public plans, is secrecy. Someone within the portals of power in Patna, politician or bureaucrat wants to control public funds meant for self government institutions, and deny the power to these institutions to work and determine their planning. The District Planning Committee (Article 243 ZD) was structured by the Constitution for this purpose. Hanging on to the funds and powers meant to descend to and for the benefit of self government institutions is aggrandisement by misplaced powers. It is coming into the mischief of the phenomenon "Power tends to corrupt and absolute power corrupts absolutely."