SC refuses to interfere with HC order on holding Goa panchayat polls

SC refuses to interfere with HC order on holding Goa panchayat polls

Subject: Polity

• High Court of Bombay  in its June 28 order quashed the state’s decision to postpone the polls.
• This is the fourth instance in the last two decades when the state government and the SEC (State Election Commission) have avoided or failed to comply with the constitutional mandate in Article 243E. The delay and consequent defiance of the constitutional mandate have become a regular feature,” the court said.
• SC refuses to interfere with HC order on holding Goa panchayat polls
• High Court of Bombay  in its June 28 order quashed the state’s decision to postpone the polls.
• This is the fourth instance in the last two decades when the state government and the SEC (State Election Commission) have avoided or failed to comply with the constitutional mandate in Article 243E. The delay and consequent defiance of the constitutional mandate have become a regular feature,” the court said.
• Salient Features of the Constitution 73rd and 74th Amendments
  • These amendments added two new parts to the Constitution, namely, added Part IX titled “The Panchayats” (added by 73rd Amendment) and Part IXA titled “The Municipalities” (added by 74th Amendment).
  • Basic units of democratic system-Gram Sabhas (villages) and Ward Committees (Municipalities) comprising all the adult members registered as voters.
  • Three-tier system of panchayats at village, intermediate block / taluk / mandal and district levels except in States with population is below 20 lakhs (Article 243B).
  • Seats at all levels to be filled by direct elections Article 243C (2).
  • Seats reserved for Scheduled Castes (SCs) and Scheduled Tribes (STs) and the chairpersons of the Panchayats at all levels also shall be reserved for SCs and STs in proportion to their population.
  • One-third of the total number of seats to be reserved for women.
  • One third of the seats reserved for SCs and STs also reserved for women.
  • One-third offices of chairpersons at all levels reserved for women (Article 243D).
  • Uniform five year term and elections to constitute new bodies to be completed before the expiry of the term.
  • In the event of dissolution, elections compulsorily within six months (Article 243E).
  • Independent Election Commission in each State for superintendence, direction and control of the electoral rolls (Article 243K).
  • Panchayats to prepare plans for economic development and social justice in respect of subjects as devolved by law to the various levels of Panchayats including the subjects as illustrated in Eleventh Schedule (Article 243G).
  • 74th Amendment provides for a District Planning Committee to consolidate the plans prepared by Panchayats and Municipalities (Article 243ZD).
  • Budgetary allocation from State Governments, share of revenue of certain taxes, collection and retention of the revenue it raises, Central Government programmes and grants, Union Finance Commission grants (Article 243H).
  • Establish a Finance Commission in each State to determine the principles on the basis of which adequate financial resources would be ensured for panchayats and municipalities (Article 243I).
  • The Eleventh Scheduled of the Constitution places as many as 29 functions within the purview of the Panchayati Raj bodies.
• The following areas have been exempted from the operation of the Act because of the socio-cultural and administrative considerations:
  • Scheduled areas listed under the V Schedule in the states of Andhra Pradesh, Telangana,Bihar, Jharkhand,Gujarat, Himachal Pradesh, Madhya Pradesh, Maharashtra, Orissa and Rajasthan.
  • The states of Nagaland, Meghalaya and Mizoram.
  • The hill areas of district of Darjeeling in the state of West Bengal for which Darjeeling Gorkha Hill Council exists.
  • In conformity with provisions in the Constitution Amendment Act, an Act called the Provisions of Panchayats (Extension to the Scheduled Areas) Act, 1996 passed by the Government of India.

• State Election Commissions (SECs)
  • The State Election Commission has been entrusted with the function of conducting free, fair and impartial elections to the local bodies in the state.
  • Article 243K(1): It states that the superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, all elections to the Panchayats (Municipalities under Article 243ZA) shall be vested in a State Election Commission consisting of a State Election Commissioner to be appointed by the Governor.
  • Article 243K(2): It states that the tenure and appointment will be directed as per the law made by the state legislature. However, State Election Commissioner shall not be removed from his/her office except in like manner and on the like grounds as a Judge of a High Court.