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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PESA ACT

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IMAGE SOURCE - GOOGLE

The Provisions of the Panchayats (Extension to the Scheduled Areas) Act, 1996, abbreviated as the PESA Act, is a significant law enacted by the Government of India. Its purpose is to ensure self-governance through traditional Gram Sabhas for people residing in the Scheduled Areas of India123.

Here are some key points about the PESA Act:

  1. Objective: The PESA Act aims to empower local communities in Scheduled Areas by recognizing their right to govern themselves through their own systems of self-government. It also acknowledges their traditional rights over natural resources4.

  2. Extension of Part IX of the Constitution: The provisions of Part IX of the Constitution, which relate to Panchayats, are extended to the Scheduled Areas subject to certain exceptions and modifications1.

  3. Features and Modifications:

    • Customary Law and Practices: State legislation on Panchayats in Scheduled Areas must be in consonance with the customary law, social and religious practices, and traditional management practices of community resources.
    • Village Definition: A village typically consists of a habitation, group of habitations, hamlet, or group of hamlets, managed according to traditions and customs.
    • Gram Sabha: Every village must have a Gram Sabha comprising individuals whose names are on the electoral rolls for the village-level Panchayat.
    • Gram Sabha Responsibilities:
      • Approve plans, programs, and projects for social and economic development before implementation by the village-level Panchayat.
      • Identify beneficiaries under poverty alleviation and other programs.
      • Certify utilization of funds by the Panchayat.
    • Reservation of Seats: Seats in the Scheduled Areas’ Panchayats are reserved in proportion to the population of communities seeking reservation. The reservation for Scheduled Tribes must not be less than half the total number of seats, and all Chairperson seats are reserved for Scheduled Tribes.
    • Nomination of Representatives: The State Government may nominate persons from Scheduled Tribes without representation in intermediate or district-level Panchayats1.

In summary, the PESA Act empowers local communities in Scheduled Areas, ensuring their active participation in governance and resource management through traditional Gram Sabhas4

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