Dipak Misra, C.J.I. - (1.) India, a vast country, lives in villages. The Gram Sabhas in the ancient era were conferred certain powers so that there could be a feeling of participation in the societal and local issues and also to establish a sociocultural amity among the members of the collective. History records with satisfaction that panchayats were able to settle disputes amongst the villagers and they had many a tool to focus on unity. Mahatma Gandhi, the father of the nation, emphasized on many an occasion that people should go to the villages to realize the true character of real India. He had said with emphasis that "India lives in her seven hundred thousand villages" and "the soul of India lives in its villages". The Constituent Assembly debates reflected on the importance of the villages but it thought appropriate to incorporate the concept of village panchayats in Article 40 of the Constitution which occurs in Chapter IV dealing with Directive Principles of State Policy. The said article provides that the State shall take steps to organize village panchayats and endow them with such powers and authorities as may be necessary to enable them to function as units of selfgovernment. The said article, as is evincible, only requires the State to take steps to confer such powers.
(2.) With the passage of time, it was realized that there had been no real decentralization of powers. In the absence of basic decentralization of powers travelling to the mores in one of the largest democracies like India, it was felt that the real purpose of social transformation could not be achieved. It was acknowledged and accepted that the people at the grass root level deserved to be politically, economically and socially empowered and the Seventy Third Amendment was brought into the framework of our organic Constitution with the clear intent of having local selfgovernment. The vision, it can be said with certitude, is sacred and the same is explicit from the Statement of Objects and Reasons of the Seventy Third Amendment to the Constitution. It reads as follows: "Though the Panchayati Raj Institutions have been in existence for a long time, it has been observed that these institutions have not been able to acquire the status and dignity of viable and responsive people's bodies due to a number of reasons including absence of regular elections, prolonged supersessions, insufficient representation of weaker sections like Scheduled Castes, Scheduled Tribes and women, inadequate devolution of powers and lack of financial resources. 2. Article 40 of the Constitution which enshrines one of the Directive Principles of State Policy lays down that the State shall take steps to organise village panchayats and endow them with such powers and authority as may be necessary to enable them to function as units of selfgovernment. In the light of the experience in the last forty years and in view of the shortcomings which have been observed, it is considered that there is an imperative need to enshrine in the Constitution certain basic and essential features of Panchayati Raj Institutions to impart certainty, continuity and strength to them. 3. Accordingly, it is proposed to add a new Part relating to Panchayats in the Constitution to provide for among other things, Gram Sabha in a village or group of villages; constitution of Panchayats at village and other level or levels; direct elections to all seats in Panchayats at the village and intermediate level, if any, and to the offices of Chairpersons of Panchayats at such levels; reservation of seats for the Scheduled Castes and Scheduled Tribes in proportion to their population for membership of Panchayats and office of Chairpersons in Panchayats at each level; reservation of not less than onethird of the seats for women; fixing tenure of 5 years for Panchayats and holding elections within a period of 6 months in the event of supersession of any Panchayat; disqualifications for membership of Panchayats; devolution by the State Legislature of powers and responsibilities upon the Panchayats with respect to the preparation of plans for economic developments and social justice and for the implementation of development schemes; sound finance of the Panchayats by securing authorisation from State Legislatures for grantsinaid to the Panchayats from the Consolidated Fund of the State, as also assignment to, or appropriation by, the Panchayats of the revenues of designated taxes, duties, tolls and fees; setting up of a Finance Commission within one year of the proposed amendment and thereafter every 5 years to review the financial position of Panchayats; auditing of accounts of the Panchayats; powers of State Legislatures to make provisions with respect to elections to Panchayats under the superintendence, direction and control of the chief electoral officer of the State; application of the provisions of the said Part to Union territories; excluding certain States and areas from the application of the provisions of the said Part; continuance of existing laws and Panchayats until one year from the commencement of the proposed amendment and barring interference by courts in electoral matters relating to Panchayats."
(3.) The amendment saw the introduction of Articles 243 to 243O which are meant for the panchayats at different levels that include Article 243(d) which defines 'Panchayat' to mean an institution (by whatever name called) of selfgovernment (constituted under Article 243B) for the rural areas. The said articles ignited the spirit of selfgovernance in the pyramidical structure of local self government. The democratically organized units have been conferred powers of governance and the purpose as envisioned is to instill a sense of satisfaction in the people at the grass root level. It has been so recognized in Bhanumati etc. etc. v. State of U.P. and others, 2010 AIR(SC) 3796. The two Judge Bench in the said case has expressed thus with lucidity: "32. What was in a nebulous state as one of Directive Principles under Article 40, through 73rd Constitutional Amendment metamorphosed to a distinct part of Constitutional dispensation with detailed provision for functioning of Panchayat. The main purpose behind this is to ensure democratic decentralization on the Gandhian principle of participatory democracy so that the Panchayat may become viable and responsive people's bodies as an institution of governance and thus it may acquire the necessary status and function with dignity by inspiring respect of common man.";