In 2020, at Dhorodo village, the Panchayat elections could not happen due to Covid pandemic while the tenure of the Panchayat was getting over that year itself. Mr. Haribansh, represented the people that year at the Panchayat post dissolution of the Panchayat tenure and made a law exercising the delegated power, vide the Panchayatiraj Act of the state to restrict their economic activities per day to 100 only. In which of the following case this is allowed or restricted?
- MCD vs. Birla Cotton Mills
- Patna University vs. Amita Tiwari
- Jalan Trading vs. Union of India
- None of these
The Correct Option is D
Solution and Explanation
The scenario described in the question is likely not covered by any of the landmark cases mentioned in the options. MCD vs. Birla Cotton Mills dealt with the scope of delegated legislation and the power of local authorities. Patna University vs. Amita Tiwari concerned issues related to university admissions and academic regulations. Jalan Trading vs. Union of India dealt with the validity of delegated legislation and the principles of natural justice. The specific situation of Mr. Haribansh exercising delegated powers in the absence of a duly elected Panchayat would likely require legal analysis based on the provisions of the relevant state Panchayati Raj Act and relevant case law.
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Ahmadi.(as he then was) speaking for himself and PunchhiJ., endorsed the rec ommendations in the following words-The time is ripe for taking stock of the working of the various Tribunals set up in the country after the insertion of Articles 323A and 323B in the Constitution. After the incorporation of these two articles, Acts have been enacted where under tribunals have been constituted for dispensation of justice. Sufficient time has passed and experience gained in these last few years for taking stock of the situation with a view to finding out if they have served the purpose and objectives for which they were constituted. Complaints have been heard in regard to the functioning of other tribunals as well and it is time that a body like the Law Commission of India has a comprehensive look-in with a view to suggesting measures for their improved functioning. That body can also suggest changes in the different statutes and evolve a model on the basis whereof tribunals may be constituted or reconstituted with a view to ensuring greater independence. An intensive and extensive study needs to be undertaken by the Law Commission in regard to the Constitution of tribunals under various statutes with a view to ensuring their independence so that the public confidence in such tribunals may increase and the quality of their performance may improve.
Before parting with the case it is necessary to express our anguish over the ineffectiveness of the alternative mechanism devised for judicial review. The judicial review and remedy are the fundamental rights of the citizens. The dispensation of justice by the tribunal is much to be desired.
(Extracted with Edits from R.K. Jain v. Union of India, 1993 (4) SCC 119)- CLAT PG - 2026
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