SECURE DECLARATION THAT COOPERATIVE FISCAL FEDERALISM AS BASIC STRUCTURE OF CONSTITUTION
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The topics of legislations for levy of taxes, duties, tolls & fees are unevenly distributed between four constitutional entities namely the Central Government, State Governments, the Panchayati Raj Institutions & the Municipalities
Given vast variations in revenue collection potentials fore fathers of Constitution of India in Part XII had incorporated constitutional scheme of cooperative federalism covering Central & State Governments.
73 & 74 amendment did two things, namely: - 1. Granted constitutional recognitions to PRIs & the Municipalities; 2. Extended constitutional scheme of cooperative fiscal federalism downstream State Governments.
Institution of State Finance Commission under Articles 243 - I & 243 -Y are being packed by political or administrative favourites breaching constitutional sheme for making public appointments
The State Government in absence of provision of law similar to Article 270 of Constitution are exporting financial starvation to PRIs & the Municipalities besides making fun of constitutiinal duties under Articles 243 - I & 243-Y of Constitution
As a consequence the PRIs & the Municipalities are not able to provide services for which these are established by law.
We are struggling to secure Extra Ordinary Constitutional Remedies under Article 226 but are facing constrate that mandamus petitions are discretionary beides time csuming. It took 42 years to get 73/74 amendments and taken more than 25 years to commence working in the spirit of good governance
Will the Petition Committee find solution
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