LAWS(PAT)-2003-12-56

CHANDRIKA PRASAD SINGH Vs. STATE OF BIHAR

Decided On December 04, 2003
CHANDRIKA PRASAD SINGH Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) WHILE the State Government may take instructions, matters as the present one do cause concern as they relate to planning for the third tier of government, that is, Panchayats and Municipalities, as are referred to in Chapter (sic ''Article ?) 243 ZD of the Constitution of India.

(2.) THE term of the Panchayats in Bihar, which returned as institutions of self government after more than two decades is at mid way today. Unfortunately, all the institutions referred to in the Constitution which should work as self government institutions, that is, the third tier government are not in place. The amendments to the Constitution took place 10 years ago.

(3.) THERE is a stark difference between the enactment of 1947, clearly a hang over of the Raj and the Panchayats and the Municipalities structured under Chapter IX and IXA of the Constitution of India.