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

Sub Optimal Performance of Panchayati Raj Institutions

 Despite being constitutionally recognized and protected by the 73rd Amendment Act (1992), the performance of Panchayati Raj Institutions (PRIs) has fallen short of expectations. Let’s delve into the challenges faced by PRIs and explore potential reforms:

  1. Issues Related to Functionaries:

    • Human Resource Accountability: Personnel at the Gram Panchayat level play critical roles in delivering services like education, health, and livelihood generation. However, they often lack accountability to the Gram Panchayat and the Gram Sabha.
    • Lack of Convergence: Horizontal and vertical convergence of actions within Gram Panchayats remains a concern. Different departments and schemes appoint personnel with specific mandates, hindering effective integration.
    • Oversight and Violations: Poor oversight allows rule violations. Dependence on employees can lead to exploitation or collusion between elected functionaries and officials.
  2. Financial Challenges:

Efforts toward strengthening PRIs are crucial for effective local governance and sustainable development.

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