Continuance of existing laws and Panchayats
Article 243N — Continuance of existing laws and Panchayats
Notwithstanding anything in this Part, any provision of any law relating to Panchayats in force in a State immediately before the commencement of the Constitution (Seventy-third Amendment) Act, 1992, which is inconsistent with the provisions of this Part, shall continue to be in force until amended or repealed by a competent Legislature or other competent authority or until the expiration of one year from such commencement, whichever is earlier: Provided that all the Panchayats existing immediately before such commencement shall continue till the expiration of their duration, unless sooner dissolved by a resolution passed to that effect by the Legislative Assembly of that State or, in the case of a State having a Legislative Council, by each House of the Legislature of that State.
Plain English Summary
This article ensures that laws about Panchayats that were already in place before the Constitution came into effect will remain valid unless they conflict with the new provisions. It also guarantees that existing Panchayats will continue to function until their term ends, unless a state assembly decides to dissolve them earlier.
Key Points
- Laws concerning Panchayats that existed before 1992 will continue to apply unless they clash with this Part.
- These pre-existing laws must be changed or repealed by the State Legislature or another authority within one year of the Constitution's commencement.
- Existing Panchayats will remain in place until their specified term expires, unless dissolved by a legislative resolution.
Why It Matters
This provision provides stability to local self-governance structures by ensuring that existing local laws and elected bodies are not automatically invalidated by the new constitutional framework.
Landmark Judgements
No major landmark judgements.