Question

Which of the following about the interplay between Articles 243G (bar on judicial interference) and Articles 226/32 of the Constitution is correct?

Q: Answer-Which of the following about the interplay between Articles 243G (bar on judicial interference) and...

Article 243G empowers States to devolve authority to Panchayats, while Article 243-O bars judicial interference in electoral matters relating to Panchayats. However, this bar does not oust constitutional judicial review under Articles 226 and 32 for violations of fundamental rights, mala fides, or lack of jurisdiction. The Supreme Court has consistently held that constitutional remedies cannot be excluded except by express constitutional mandate. In Election Commission of India v. Ashok Kumar 2000, the Court clarified that judicial review survives where constitutional principles are at stake. Thus, Panchayat autonomy does not equate to constitutional immunity.

A Article 243G completely ousts writ jurisdiction under Articles 226/32 in all matters related to Panchayat functioning.

B Article 243G may limit some judicial interference in matters specifically entrusted to local authorities under state law, but courts retain jurisdiction for jurisdictional errors, mala fides, and constitutional violations including basic structure issues.

C Article 243G removes Supreme Court’s authority but not High Court’s.

D Article 243G is non-justiciable by Chief Justice only.

E Article 243G converts Panchayats into constitutional courts.

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