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MPLAD Scheme do not take over functions of Panchayats and Municipalities

Raj Kumar Makkad ,
  29 May 2010       Share Bookmark

Court :
Supreme Court of India
Brief :
Panchayats and Municipalities - Part IX and Part IX-A of the Constitution of India, 1950 - Whether the MPLAD scheme takes over part of the functions of the Panchayats and Municipalities and is inconsistent with Part IX and Part IX-A of the Constitution by encroaching upon the powers and functions of elected bodies?
Citation :
Bhim Singh v. Union of India and Ors. (Decided on 06.05.2010) MANU/SC/0327/2010

Held, in the present case, the role of an Memmber of Parliament in MPLAD Scheme merely recommendatory in nature and the entire execution has been entrusted to the District/Municipal Authority which belongs to the executive organ. District Authority and Chief Executive Officer have been entrusted with the absolute authority to discharge upon the feasibility of works recommended by engaging an implementing agency. Panchayati Raj Institutions (PRIs) are the preferred Implementing Agency in the rural areas. Major role played by Panchayats, Municipalities and Corporations under MPLAD Scheme in execution and implementation of works. Panchayat Raj Institutions, Municipal as well as local bodies have also not been denuded of their role or jurisdiction by the Scheme as due place has been accorded to them by the guidelines, in the implementation of the Scheme.The Scheme is not unconstitutional.

 

 
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Published in Constitutional Law
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