Vikas Maitri
Voluntary Development Society in Jharkhand
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www.vikasmaitri.org |
website for rural and tribal development |
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Vikas Maitri |
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Voluntary Development Society in Jharkhand |
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Panchayati Raj in Jharkhand Jharkhand Legislative Assembly passed the Jharkhand Panchayati Raj Act 2001 on 30th March 2001 barely after about four and half months of its coming into being. This was as per the provisions of the Constitution (73rd Amendment) Act, 1992, a land mark enactment of the Indian Parliament enshrining democracy to the grass-roots level after more than forty five years of India's Independence. Prior to the coming of this Act Panchayat laws were enacted by State Governments under Article 40 of the Constitution which was under the chapter on the Directive Principle of the State Policy which did not give rise to legal rights for the violation of the Act itself. The Constitution Amendment Act enshrined Panchayati Raj in the Constitution itself. Initially provisions of the Act were made inapplicable to the scheduled areas, the home of a large number of Adivasis. However, with the enactment of The Provisions of the Panchayats (Extension to the Scheduled Areas) Act, 1996 the provisions were extended to the 5th scheduled areas with modifications and exceptions. Among these modifications due recognition was given to the customary law, social and religious practices and traditional management practices of community resources by the Adivasis. Therefore when Jharkhand Government passed a law it had to incorporate many of the modifications for Adivasis. However, as reported in the local press, some of the above provisions have not been fully incorporated and some of the provisions have been modified. This may give rise to mixed feelings among the public. The major task ahead now is the holding of elections under the new Act.
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