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Two years after the 73rd Amendment Act, the Union Government had appointed a Committee of Members of Parliament (MPs) and experts under the Chairmanship of Sh. Dilip Singh Bhuria to undertake a detailed study and make recommendations about whether the Panchayati raj system should be extended to the Schedules Areas, as contemplated by Article 243-M(4)(b) of the Constitution. The Committee submitted its report on 17.1.1995 and favoured democratic decentralization in scheduled areas. At the outset, we are of the view that the principles of reservation which are applicable for public employment and admission to educational institutions cannot be readily applied in respect of a reservation policy made by the legislature to protect the interests of the Scheduled Tribes by assuring them of majority reservation as well as the occupancy of Chairperson positions in Panchayats located in Scheduled Areas. This policy broadly corresponds with the past practice wherein the Scheduled Areas were administered as per the provisions of the Fifth Schedule to the Constitution and the same was expected to adhere to the advice of the Tribes Advisory Councils, which were predominantly controlled by Scheduled Tribes. By extending the Panchayati Raj system to these areas, Scheduled Tribes should not be put in a relatively disadvantageous position. In the Panchayati Raj system contemplated by Part IX, the Scheduled Tribes should have an effective say in the administration. That is why the Bhuria Committee recommended that all Chairperson positions should be reserved in favour of Scheduled Tribes. As a result, the appeals filed by the Union of India are allowed and the proviso to Section 4(g) of PESA Act and Sections 21(B), 40(B), and 55(B) of Jharkhand Panchayat Raj Act, 2001 are held to be constitutionally valid. We also hold that Sections 17(B)(2), 36(B)(2), and 51(B)(2) of the Jharkhand Panchayat Raj Act, 2001 are constitutionally valid provisions. The other appeals are also disposed of accordingly and the State Election Commission of the State of Jharkhand is directed to conduct elections for the Panchayati Raj Institutions (PRIs) as early as possible.

Question: Article 243A of the Constitution of India provides the Gram Sabha with certain powers to perform functions at the village level. Which of these Constitutional bodies provides the authority to do so?


 

Option: 1

Governor of the State

 


Option: 2

The legislature of a State

 


Option: 3

The Zila Parishad

 


Option: 4

The High Court of the State

 


Answers (1)

best_answer

The Legislature of a State by law provides the gram sabha with powers that they use to perform such functions. These powers are provided by the passing of laws by the State Legislature.

 

Posted by

Ritika Kankaria

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