U P GRAM PANCHAYAT ADHIKARI SANGH Vs. DAYA RAM SAROJ
LAWS(SC)-2006-12-80
SUPREME COURT OF INDIA
Decided on December 11,2006

UTTAR PRADESHGRAM PANCHAYAT ADHIKARI SANGH Appellant
VERSUS
DAYA RAM SAROJ Respondents

JUDGEMENT

- (1.) The Constitution (Seventy-third Amendment) Act, 1992 came into force on 24.4.1993. The said amendment was brought into force to give effect to one of the Directive Principles of State Policy - Art. 40 of the Constitution of India, which directs the State to organise village panchayats as units of self-government. Article 40 reads as under: "Organisation of village panchayats. The State shall 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."
(2.) PART IV of the Constitution deals with 'Directive Principles of State Policy'. Article 37 provides that the provisions contained in this Part shall not be enforceable by any court, but the principles therein laid down are nevertheless fundamental in the governance of the country and it shall be the duty of the State to apply these principles in making laws.
(3.) By 73rd Constitutional Amendment Art. 243G was introduced in the Constitution of India. Article 243G reads as under:- "243G. Powers, authority and responsibility of Panchayat. Subject to the provisions of this Constitution the Legislature of a State may, by law, endow the Panchayats with such powers and authority as may be necessary to enable them to function as institutions of self-government and such law may contain provisions for the devolution of powers and responsibilities upon Panchayats, at the appropriate level, subject to such conditions as may be specified therein, with respect to (a) the preparation of plans for economic development and social justice; (b) the implementation of schemes for economic development and social justice as may be entrusted to them including those in relation to the matters listed in the Eleventh Schedule.";


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