Case Note & Summary
The Constitution (Seventy-Third Amendment) Act, 1992 came into force on 24 April 1993 to implement Article 40 of the Constitution, which directs the State to organise village panchayats as units of self-government. Uttar Pradesh amended its Panchayat Raj Act, 1947 through the U.P. Panchayat Raj (Amendment) Act, 1994, effective 22 April 1994. Between 22 April and 31 August 1994, the State Government issued instructions, notifications, and rules for holding panchayat elections. Gram panchayat areas were declared under Section 11-F and gram sabhas were established under Section 3 between 2 and 5 August 1994. The term of existing gram panchayats was extended to 23 April 1995 or until new panchayats were constituted. Elections were notified on 31 August 1994, with process to commence on 29 September 1994. Respondents filed writ petitions in the High Court between 1 and 9 September 1994, alleging violation of government orders in re-organisation and delimitation of constituencies; some also challenged the constitutional amendment and the vires of the Act. The State Government offered a fresh election schedule and cancelled the earlier notification on 24 September 1994; the High Court reserved judgment on 26 September 1994. Under pressure from the Centre, including a threat to stop funds unless elections were completed by 31 December 1994, the State renotified elections on 26 November 1994, with process to begin on 3 December 1994. The High Court delivered its judgment on 2 December 1994, holding that the definitions of 'village' under Section 2(t), 'Gram Sabha' under Section 2(g), and 'Panchayat Area' under Section 2(11) read with Section 11-F of the Act were ultra vires Articles 243(g), 243(b), and 243(e) read with Article 243-C of the Constitution. The High Court further held that village must be a habitat according to anthropological concept, that specification must follow the wishes of inhabitants conveyed to the Governor without State Government involvement, and that the Governor must act independently. The Supreme Court examined the constitutional scheme under Article 40 and Part IX, particularly Articles 243(g), 243(b), 243(e), and 243-C. It held that Article 243(g) gives the Governor plenary power to specify any populated rural area as a village, including a group of villages, and no anthropological concept should be read into it. Gram Sabha under Article 243(b) is the electorate of the village panchayat, and the State legislature has power to provide for its establishment and functions. Panchayat area is the territorial area of the panchayat, and delimitation must maintain uniform population ratio as far as practicable. Village panchayats are base democratic institutions of self-government, and the focus must be on their self-governing character rather than nomenclature or historical village identity. Accordingly, the Supreme Court allowed the appeals, set aside the High Court's judgment, and upheld the constitutional validity of the impugned provisions of the Uttar Pradesh Panchayat Raj Act, 1947.
Headnote
A) Constitutional Law - Village Definition - Article 243(g) of Constitution of India - Governor's power to specify village is not limited to anthropological concept; includes any populated rural area and group of villages - High Court erred in requiring habitat according to anthropological concept and wishes of inhabitants; Section 2(t) of Uttar Pradesh Panchayat Raj Act, 1947 validated - Held that the Constitution permits the Governor to declare any populated rural area as a village and no preconceived notion of village is warranted (Paras 5, 10, 12). B) Constitutional Law - Gram Sabha Definition and Establishment - Article 243(b) of Constitution of India; Sections 2(g), 3 of Uttar Pradesh Panchayat Raj Act, 1947 - Gram Sabha is body of persons registered in electoral rolls of village; State legislature can provide for establishment and functions - High Court's view that Section 3 and establishment under Section 2(g) are ultra vires rejected - Held that Gram Sabha is electorate of village panchayat and State law may provide for its establishment (Paras 5, 11, 13). C) Constitutional Law - Panchayat Area and Delimitation - Article 243(e) read with Article 243-C of Constitution of India; Sections 2(11), 11-F of Uttar Pradesh Panchayat Raj Act, 1947 - Panchayat area is territorial area of panchayat; State can reorganise and delimit constituencies maintaining uniform population ratio - High Court's finding of ultra vires not sustained - Held that Act's provisions for declaration of panchayat area and delimitation are valid (Paras 5, 12, 14). D) Constitutional Law - Nature of Panchayat and Self-Government - Article 40, Article 243(d), Article 243-B of Constitution of India - Panchayat is institution of self-government for rural areas; village panchayats are base democratic institutions - Focus on self-governing character, not nomenclature or historical village identity - Held that objectives of Article 40 are met when panchayats organised as self-governing units with effective popular participation (Paras 8, 11, 13).
Issue of Consideration
Whether the definitions of 'village' under Section 2(t), 'Gram Sabha' under Section 2(g), and 'Panchayat Area' under Section 2(11) read with Section 11-F of the Uttar Pradesh Panchayat Raj Act, 1947 were ultra vires Articles 243(g), 243(b), and 243(e) read with Article 243-C of the Constitution; whether the Governor must act independently of State Government in specifying village; whether State Government has power to establish or notify Gram Sabha.
Final Decision
The Supreme Court allowed the appeals, set aside the impugned judgment of the High Court dated 2 December 1994, and held that the definitions of 'village', 'Gram Sabha', and 'Panchayat Area' under the Uttar Pradesh Panchayat Raj Act, 1947 were intra vires the Constitution. The High Court's anthropological concept of village and directions regarding Governor's independent role and wishes of inhabitants were rejected.
Law Points
- Article 243(g) vests Governor with plenary power to specify village
- Village need not conform to anthropological concept
- Gram Sabha comprises electors of village panchayat
- Panchayat is institution of rural self-government
- State legislature can determine powers and functions
- High Court erred in restricting village specification to wishes of inhabitants
- Constitution (Seventy-Third Amendment) Act 1992 gives effect to Article 40
- Uniform population ratio for constituencies
- Direct election from territorial constituencies
- Reservation provisions in Article 243-D
- Term of panchayat five years
