BIHAR RAJYA PANCHAYAT PARISHAD Vs. ELECTION COMMISSION

JUDGEMENT

(1.) These proceedings are specifically about the void which exists in the Legislative Council of Bihar. Bihar has a bicameral legislature. Without the Legislative Council its composition for the last two decades has avoided compliance of the Constitution of India as required under Article 171; particularly the representation at from members of municipalities, district boards and such other local authorities in the State as Parliament may by law specify. This aspect is noticed in Sub-clause (a) of Clause (3) of Article 171. The seats in Legislative Council in Bihar were without representation in this context and lie vacant for more than two decades. The last, time the Legislative Council has a full house, was in 1982. What has been noticed in the previous paragraph is not all. The third tier of Government was also missing in Bihar for last two decades. Even after the Constitution was amended by inserting the Chapters on Panchayats and Municipalities, self-Government was absent until the Court virtually pushed the State of Bihar with a reminder that it was an obligation of Constitution. State Government was told that if institutions of self-Government were not returned, the Court would certify the State Government's stance as an anti Constitution posture. Consequently, the elections to Panchayats were held in 2001. The election to the Municipalities were held in 2001.

(2.) But, the experience of democracy was itself lost in Bihar for one whole generation. The third tier of the Government was missing during this period. Consequently, a part of the Legislative Council was lying vacant for two decades also without representation from local self-Government.

(3.) The Court had cautioned Counsel for the State of Bihar, Union of India, and the Election Commission of India or the State Election Commission, that they are obliged to tell the Court on what exactly is the schedule to fill the vacant seats at the Legislative Council. This order is a sequel to the order dated 24th July, 2002, as a consequence of which the Representation of the People Act, 1950 was amended to fall in line with the Constitution of India. Amendments which now have been made in the Act mention representation from the third tier of the Government. After the Court passed an order on 24th July, 2002 the Fourth Schedule in reference to Section 27 (2) stood amended by mentioning institutions which constitute self-Government, namely, (1) Nagar Parishads, (2) Cantonment Boards, (3) Nagar Panchayats, (4) Zila Parishads, (5) Panchayat Samitis, (6) Nagar Nigams (Corporations) and (7) Gram Panchayats.