LEGAL INTERVENTIONS

The Centre takes up cases where there is violation of legal and constitutional rights of local governments and affects the healthy functioning of these institutions, by seeking judicial redressal through courts of law.

It files Public Interest Litigation (PILs) petitions and Special Leave Petitions (SLPs) in various High Courts and the Supreme Court. Recently the Centre has filed cases on following issues:-

Basic Literacy Legislation in state of Chhattisgarh (PIL filed in Chhattisgarh High Court)

The Legal Aid Centre of ISS has challenged the amendment of the Chhattisgarh Panchayati Raj Act, through which it had become compulsory to possess basic literacy as defined by the state government for being eligible to contest elections to local bodies in the state. The Centre has contended before the Chhattisgarh High Court that this amendment was violative of Article 14 of the Constitution, as there was no similar requirement for contesting seats to other representative democratic institutions like the Parliament and State Assemblies. Moreover this amendment goes against the spirit of Part IX of the Constitution as it would deprive a large number of tribal population from democratic participation in local governance since they are mainly illiterate.

Postponement of Panchayat elections in state of Jharkhand (SLP filed in the Supreme Court of India)

The Centre has filed a Special Leave Petition, before the Supreme Court challenging the notification which stayed the election process to the PRIs in the state, which had already commenced by a government notification, dated 22 August 2005. The petition has also prayed for staying the judgement of the Jharkhand High Court dated 2 September 2005 which held that excessive reservation for panchayat seats was unreasonable and struck down certain provisions of the Jharkhand Panchayati Raj Act, 2001 as also some provisions of PESA Act, 1996 as unconstitutional. The State Government taking this judgement as an ostensible reason issued a notification canceling the elections. The Centre in its petition has alleged arbitrary exercise of executive power in postponing elections and thwarting the grassroots democratic process.