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

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 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
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COMPULSORY PROVISIONS 73RD CAA

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 Let’s delve into the compulsory provisions of the 73rd Constitutional Amendment Act (CAA), which significantly transformed local governance in India:

  1. Organization of Gram Sabha:

    • Every village or group of villages must establish a Gram Sabha. The Gram Sabha is a fundamental unit of local self-governance where all eligible voters participate in decision-making processes.

  2. Establishment of Panchayats:

    • The 73rd CAA mandates the creation of Panchayats at three levels:
      • Village Panchayat: At the grassroots level.
      • Intermediate Panchayat (Panchayat Samiti): At the block or taluka level.
      • District Panchayat (Zila Parishad): At the district level.

  3. Direct Elections:

    • All seats in Panchayats (village, intermediate, and district levels) must be filled through direct elections by the people.

  4. Minimum Age Qualification:

    • The minimum age for contesting elections to Panchayats is 21 years.

  5. Indirect Election for Chairpersons:

    • The chairpersons of intermediate and district Panchayats are indirectly elected.

These provisions aim to empower local communities, enhance participation, and strengthen self-governance at the grassroots level. The 73rd CAA has been instrumental in promoting democratic decentralization and ensuring effective local administration. 

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