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