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CS Professional · CSR and Social Governance · Local Self Governance

A State Government wants the Panchayats to prepare plans for economic development and social justice and to implement schemes on subjects like primary education and drinking water. A member argues that the Eleventh Schedule list binds the State to transfer all 29 subjects immediately. Which view is correct?

The State Legislature may by law endow Panchayats with powers and responsibilities relating to the 29 Eleventh Schedule matters. Devolution is not automatic on the Amendment taking effect, and it is the State, not Parliament, that decides the extent of transfer.

  1. AThe Eleventh Schedule is merely illustrative and has no legal bearing on Panchayats
  2. BTransfer occurs automatically to Panchayats on the date of the Amendment without State legislation
  3. COnly Parliament can devolve these subjects through Central law
  4. DThe State Legislature may by law endow Panchayats with powers and responsibilities on matters in the Eleventh Schedule; devolution is not automaticCorrect

Explanation

Article 243G enables the State Legislature to make law giving Panchayats powers and authority to function as institutions of self-government, including the preparation of plans and implementation of schemes relating to Eleventh Schedule matters. The transfer is therefore through State law and is not automatic. Parliament does not devolve these State subjects centrally.

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