Indian polity 3rd level governance PANCHAYATI RAJ.pptx

Panchayat Raj description Indian polity - 3rd level of governance

1. Panchayati Raj - Intro & Balwant Rai Mehta Committee

2. Non Justciable Art 40 Not Mandatory

3. DISTRICT COLLECTOR SHOULD BE THE CHAIRMAN OF ZILA PARISHAD ROLE OF PLANNING & DEVELOPMENT WITH PANCHAYAT SAMITI

4. accepted

5. Ashok Mehta Committee

6. Based on POPULATION – 15000 – 20000 Population : ONE Mandal Parishad The Nyaya Panchayats should be kept as separate bodies from that of development panchayats All development & Planning All development staff should work under its control and supervision.

7. Recognize PRI constitutionally No Actions Taken on recommendations of ASHOK MEHTA as JANATA DAL PARTY Fell down before implementation However, state govt of KARNATAKA, ANDHRA & WB implemented some recommendations in their PRI GVK Rao Committee

8. review PLANNING COMMISSION

9. Singhvi & Thungon Committee

10. CONSTITUTION APPOINTED BY RAJIV GANDHI GOVT

11. DETAILED SUBJECT LIST TO BE INCLUDED IN CONSTITUTION- LIKE UNION & STATE LIST CONSTITUTION TO ACCEPT LOCAL SELF GOVT -

12. Based on the recommendations, Constitutional draft bill enacted – 73 rd Constitutional Amendment Bill HOW 73 RD CAA WAS PASSED ??

13. This was the time when the CENTRE – STATE RELATIONS was at the peak. Based on the recommendations - V.P. Singh's government collapsed before the bills could be passed

14. 1991 P V NARSHIMHA RAO Now States are are under constitutonal obligaton to adopt the provisions of PRI in accordance with provision of the Act THE PANCHAYATS JUSTICIABLE MANDATORY 24 TH APRIL 1993

15. SAMITI ZILA PARISHAD POPUL – LESS THAN 20 LKH – NOT REQ FOR INTERMEDIATE GRAM PANCHAYAT DETERMINED BY

16. SEATS DETERMINED BY This reservation will continue for the period specified in Article 334 ( i.e. Extended till 2030 ) Arunachal Pradesh do not have SC population so the above reservation provision do not apply to Arunachal Pradesh DURATION ARTICLE 243 E ELECTION CONDUCTED BY STATE ELECTION COMMISSION

17. STATE LEGISLATURE AUTHORISED TO PROVIDE FINANCES & POWER & FUNCTIONS

18. State finance commision constituted by governor every 5 years for financial review of PRI Also recommends to governor to improve financial position of PRI CENTRE GOVT SCHEMES specific allocation GRANTS based on CENTRAL FINANCE COMMISION RECOMMEND – ART 280 AUDIT OF FINANCES OF PRI – DONE ON PROVISIONS MADE BY STATE LEGISLATURE

19. 50 years of Basic Structure Doctrine “Democracy sustains and blossoms when the legislature, the judiciary, and the executive act in tandem and togetherness to fructify constitutional goals and realise aspirations of the people. Judiciary cannot legislate in as much legislature cannot script a judicial verdict.” - Jagdeep Dhankar , Vice-President of India Meaning of Basic structure Doctrine • In Minerva Mills (1980), the judiciary loosely defined the basic framework by stating that Parliament can amend the Constitution, which was carefully crafted by the founding fathers, when social needs arise. • The Constitution is a cultural heritage, so its integrity and identity should not be questioned. Evolution of the basic structure doctrine: Year Key Event 1951 Shankari Prasad v. Union of India: Parliament has the authority to amend Fundamental Rights under Article 368 of the Constitution. 1967 Golaknath v. State of Punjab: Supreme Court holds that Parliament cannot amend fundamental rights 1971 24th Amendment Act: Parliament has the power to abridge or take away any of the Fundamental Rights by Constitutional Amendment Acts. 1973 Kesavananda Bharati v. State of Kerala: Basic structure doctrine emerges 1976 42nd Constitutional Amendment Act: Attempts to limit the power of judicial review and dilute the basic structure doctrine 1980 Minerva Mills Ltd. v. Union of India: Doctrine reaffirmed and expanded to include essential features and basic elements of the Constitution

20. Current context of Basic structure: The 'Basic Structure' of the Constitution: A Guiding North Star The Chief Justice of India, D. Y. Chandrachud compared the ‘basic structure’ of the Constitution to the North Star, an unfailing guide which shows the way when the path appears convoluted