Dr. D.C. Wadhwa & Ors. vs. State of Bihar & Ors. case of 1986

 The Dr. D.C. Wadhwa & Ors. vs. State of Bihar & Ors. case of 1986 is a cornerstone in the Indian judicial history, highlighting the delicate balance of power between the executive and legislative branches of government . The case stemmed from a practice that had become routine for the Bihar government: the re-promulgation of ordinances without legislative approval, a process that Dr. D.C. Wadhwa, an economics professor, found to be a subversion of democratic principles . The Supreme Court's decision in this case was a resounding affirmation of constitutional law and its supremacy over executive convenience. By declaring the practice of re-promulgating ordinances without legislative consent as unconstitutional, the court reinforced the necessity of legislative scrutiny and the impermanence of ordinances, which are meant to be emergency measures, not a backdoor for enacting laws. This landmark judgment serves as a reminder of the importance of checks and balances within

AUTONOMOUS DISTRICT COUNCIL

 

image source- google

The Sixth Schedule of the Constitution of India allows for the formation of autonomous administrative divisions that have been granted autonomy within their respective states. These autonomous district councils operate in various regions, primarily in North East India, with a few exceptions in Ladakh and West Bengal.

Here are some key points about these autonomous district councils:

  1. Formation and Purpose:

    • Autonomous district councils are established to ensure self-governance and empowerment within specific regions.
    • Most of these councils operate under the Sixth Schedule of the Constitution.
    • They have legislative and executive powers in various areas, allowing them to address local needs and priorities.
  2. Powers and Competencies:

    • Land Management: Autonomous district councils can make laws related to land management.
    • Forest Management: They have authority over forest resources.
    • Water Resources: Control and regulation of water resources.
    • Agriculture and Cultivation: Policies related to agriculture.
    • Formation of Village Councils: Establishing local governance structures.
    • Public Health and Sanitation: Ensuring community well-being.
    • Village and Town Level Policing: Local law enforcement.
    • Appointment of Traditional Chiefs and Headmen: Recognizing traditional leadership.
    • Inheritance of PropertyMarriage and Divorce, and Social Customs.
    • Money Lending and TradingMining and Minerals.
    • Judicial Powers: Setting up courts for cases involving Scheduled Tribes.
    • Taxation and Revenue: Levying taxes on various aspects such as land, animals, vehicles, and more.
  3. List of Autonomous Administrative Divisions:

    • The following autonomous district councils operate under the Sixth Schedule:
      • Bodoland Territorial Council (Assam)
      • North Cachar Hills Autonomous Council (Assam)
      • Karbi Anglong Autonomous Council (Assam)
      • Tiwa Autonomous Council (Assam)
      • Mising Autonomous Council (Assam)
      • Rabha Hasong Autonomous Council (Assam)
      • Sonowal Kachari Autonomous Council (Assam)
      • Thengal Kachari Autonomous Council (Assam)
      • Garo Hills Autonomous District Council (Meghalaya)
      • Jaintia Hills Autonomous District Council (Meghalaya)
      • Khasi Hills Autonomous District Council (Meghalaya)
      • Dima Hasao Autonomous District Council (Assam)

These autonomous district councils play a vital role in local governance, preserving cultural heritage, and addressing community-specific needs. 

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Dr. D.C. Wadhwa & Ors. vs. State of Bihar & Ors. case of 1986