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march 1995

Supreme Court of India · 1995-03-24

STATE OF U.P. vs PRADHAN SANGH K. SAMITI .

Citation / case number
SC 1994/19604
Court
Supreme Court of India
Petitioner
STATE OF U.P.
Respondent
PRADHAN SANGH K. SAMITI .
Author
P.B. SAWANT
Bench
P.B. SAWANT

Judgment text excerpt

The Supreme Court addressed the constitutional validity of the U.P. Panchayat Raj [Amendment] Act, 1994, which was enacted to comply with the Constitution (Seventy-Third Amendment) Act, 1992, particularly Article 40. The Court upheld the High Court's ruling that certain definitions under the Act were ultra vires Articles 243(g), 243(b), and 243(e) of the Constitution, emphasizing that the definition of 'village' must align with anthropological concepts and the wishes of the inhabitants. Consequently, the Court affirmed the High Court's decision, reinforcing the independence of the Governor in notifying village definitions without State Government interference.

STATE OF U.P. vs PRADHAN SANGH K. SAMITI . · Niyam