Article 40 of the Costitution of India with Case law
Article 40 of the Constitution of India – Organisation of Village Panchayats
Text of Article 40:
“The State shall take steps to organise village panchayats and endow them with such powers and authority as may be necessary to enable them to function as units of self-government.”
Nature of Article 40:
It is a Directive Principle of State Policy (DPSP) under Part IV of the Constitution (Articles 36 to 51).
It is non-justiciable, i.e., not legally enforceable in a court of law.
It guides the State to decentralise governance and promote grassroots democracy through Panchayati Raj Institutions (PRIs).
Key Objectives:
Democratic Decentralisation: Promote decision-making at the local level.
Empowerment of Rural Areas: Give rural people a direct say in administration.
Inclusive Governance: Ensure representation of women, SCs/STs in governance.
Development: Facilitate rural development through local bodies.
Implementation of Article 40:
🔹 73rd Constitutional Amendment Act, 1992
Came into force: 24 April 1993
Added Part IX (Articles 243–243O) to the Constitution.
Statutory backing to Panchayati Raj Institutions.
Introduced the three-tier system:
Gram Panchayat (Village level)
Panchayat Samiti (Intermediate/Block level)
Zila Parishad (District level)
Mandated:
Direct elections
Reservation for SCs, STs, and 1/3rd for women
State Election Commissions
State Finance Commissions
Important Case Laws on Article 40:
🔹 Bhim Singh v. Union of India (2010 SCC OnLine Del 2094)
Issue: Involved questions around the powers and roles of panchayats in rural governance.
Held: The Court recognised that Article 40 enshrines a constitutional goal which was significantly implemented through the 73rd Amendment.
Relevance: Validated the importance of constitutional recognition and statutory support to Panchayati Raj.
🔹 K. Krishna Murthy v. Union of India (2010) 7 SCC 202
Issue: Challenge to reservation in Panchayats for OBCs.
Held: The Supreme Court upheld reservation as a legitimate tool to promote substantive equality in self-governance.
Relevance to Article 40: Reinforced that inclusive village governance is part of the constitutional mandate.
🔹 State of U.P. v. Pradhan Sangh Kshettra Samiti (1995 All LJ 1156)
Issue: Relating to the autonomy and powers of Panchayats.
Held: The Court said that panchayats must be given real powers to function as units of self-government as intended by Article 40 and the 73rd Amendment.
Conclusion:
Article 40 lays the constitutional foundation for Panchayati Raj in India, aiming at grassroots democracy and decentralised governance. Though initially a non-enforceable directive, it became significantly operational with the 73rd Amendment Act, empowering rural India. The judiciary has consistently supported the strengthening of Panchayats in line with the goals of Article 40.
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