Judicial Review And Local Governance: The Role Of Judiciary In Enforcing The 73rd & 74th Amendments
- IJLLR Journal
- Apr 19
- 1 min read
Siddharth Gupta, Amity University, Lucknow
Dr. Aishwarya Pandey, Amity University, Lucknow
ABSTRACT
The 73rd and 74th Amendments to the Constitution of India were landmark attempts at decentralizing governance and empowering local communities through Panchayati Raj institutions and Municipalities. While these amendments established local self-governance as a constitutional requirement, their effective realization has critically depended on judicial enforcement in confronting state-level inertia or resistance. This paper seeks to analyze the jurisprudence that evolved in India, especially at the hands of the Supreme Court and High Courts, to enforce the 73rd and 74th Amendments. Through both doctrinal research and analysis of case law, this paper surveys judicial interventions regarding elections, devolution of powers and functions, financial autonomy, and reservation policies. The paper argues that judicial review has played an important role in forcing state compliance with constitutional requirements, thereby creating some level of functionality and accountability in local governance. Nevertheless, the paper also notes some inherent limitations and varied results of judicial intervention, thereby emphasizing the fact that judicial enforcement of that which is considered as an impediment on account of existing literature remains a truly dynamic and ever-evolving exercise.
