ORDER R.S. DHAWAN & R.N. PRASAD, J.: These, are matters which relate to panchayats and Municipalities subjects as referred to in the Constitution of India under heads Panchayats and Municipalities in Part 1X and Part IX-A of the Constitution. Not to be ignored are the Eleventh and the Twelfth Schedule of the Constitution of India. The court has mentioned these even before and is doing so again. The Eleventh and the Twelfth Schedules of the Constitution refer to powers, authority and responsibilities of Panchayats and Municipalities (Article 243G and Article 243W). The Eleventh Schedule contains 29 items and the Twelfth Schedule contains 18 items. It is an obligation of the Constitution of India on the State to plan for each at the items which are referred to in the two Schedules. There is no escape from the mandate of the Constitution. Under heading Panchayats and Municipalities, that is, Part IX and IXA of the Constitution, there is a clear intention of the Constitution to make these local bodies institutions of self government. There is no escape from this either. This has to be done. In Bihar, at the time, in context, when the Constitution was amended the government did notice the provisions of the Constitution as is discernible from Section 22 of the Bihar Panchayat Raj Act, 1993. This is in reference to the Panchayats and their functions under the subject heads referred to in the Eleventh Schedule of the Constitution. Items which are referred to in the Twelfth Schedule find a reference of mediocrity in Section 51B in the Bihar Municipal Act, 1922. Section 51B unlike Section 22 does not refer to details taken from the Twelfth Schedule. The planning on these subjects clearly has to be undertaken as Article 243 ZD stipulates. Planning for a district is to be undertaken by a District Planning Committee. While the court was passing an order on 11 September 2002, in CWJC. No. 13190 of 2001, the court was given to understand that District Planning Committees are Co-relating and aiding functions of local self government institutions are being put in place. For eight years in Bihar planning through the District Planning Committee (Article 243ZD) was avoided. There seems to be some misunderstanding that planning for Panchayats or for that matter the transitional areas or of Municipalities, that is for rural and urban areas will be taken up separately. This is not so. For eight years in Bihar planning through the District Planning Committee (Article 243ZD) was avoided. There seems to be some misunderstanding that planning for Panchayats or for that matter the transitional areas or of Municipalities, that is for rural and urban areas will be taken up separately. This is not so. The reference to the committee as the District Planning Committee (Article 243ZD) in no uncertain terms makes it clear that such committees as part of local self government shall prepare draft development plans and while doing so will have regard to matters of common interest between Panchayats and Municipalities. The Constitution in the context of this Article speaks of integrated development of infrastructure. The Constitution also talks in terms of spatial planning and any constriction of space will be the negation of the mandate of the Constitution. Thus, a habitat must be in accord with "spatial planning" and as an "integrated development of infrastructure". !n Bihar, unfortunately the platform for planning seems to be continuing as it had been laid out more thirty years ago. And, with the supercession of Panchayats and Municipalities without elected representatives the content and spirit of self government was lost. There may be stray and rare case of enlightened Administrators; but that is not democracy. Apparently, no attempt has been made to fall in line with the new concept of planning for the people, by the people, which self government is about. A dedicated exclusive ministry catering to local self government Institutions is missing in Bihar. A department here and there is lip service to the Constitution of India, which demands more and exclusive attention to institutions of local self government. The message is very clear for anyone to see to the Constitution itself that any structure of the government must now bend towards the mandate of the constitution and the philosophy that these institutions of self government have been reckoned as independent institutions like any other institution working in a parliamentary democracy. The Panchayats and the Municipalities have also been endowed with powers to impose tax (Article 243 H and Article 243 X). The subjects and spheres of Panchayats and Municipalities have been specified in the Eleventh and Twelfth Schedule. The Panchayats and the Municipalities have also been endowed with powers to impose tax (Article 243 H and Article 243 X). The subjects and spheres of Panchayats and Municipalities have been specified in the Eleventh and Twelfth Schedule. But one thing is clear that no planning can be executed and these institutions will never be able to become self governing institutions as the Constitution of India desires unless the powers are decentralised and given to them without any delay. If there be any more delay then it should be understood as a certificate of the High Court that it will be continuing disrespect to the constitution of India. The temptation to retain power and not pass on to institutions of self government mentioned in the Constitution is not only illegal but ultra vires to the Constitution. No planning can go forward unless the government becomes answerable on each items mentioned in the Eleventh and Twelfth Schedule and ensure that the subjects enlisted are truly decentralised as subjects for Panchayats and Municipalities. The court is expressing its concern because there is too much to loose out. There has to be transfer and allocations of funds earmarked by the Central Government for these institutions. But transfer of funds and power go hand in hand. Holding elections but not transferring funds and power to plan on these funds will leave the Panchayats and the Municipalities as non-functional entitles negating self government, a concept spelled out in the Constitution. Today, the court has before, it a report of the Finance Commission. In the past Bihar was singled out by the Finance Commission of India with a remark as not supplying information on the investment and expenditure on Panchayats and Municipalities. The expression used by the Finance Commission in its report at Page 257 is "information not furnished". This is in reference to the years 1990-91, 1991-92 and 1992-93. During the plan allocation period 1995-2000 Bihar received only Rs. 126.86 crores for Panchayats for the year 1996-97 and a sum of Rs. 16.77 crores for Municipalities during the same year. The rest of the grants for the plan allocation period were lost or are caught up in a controversy. Whether it has been lost or not one correspondence between the Central Government and the State Government says that the amount is perhaps being held in trust. The funds were meant for the people of Bihar. The rest of the grants for the plan allocation period were lost or are caught up in a controversy. Whether it has been lost or not one correspondence between the Central Government and the State Government says that the amount is perhaps being held in trust. The funds were meant for the people of Bihar. The Central Government states that this allocation was not made to the State of Bihar because it did not hold elections to institutions of local self government. This in itself was a very heavy punishment to pay by the people of Bihar. Someone in the government or those who run it will have to take the responsibility of it. A new chapter is opened for the period 2001 to 2005. Elections to Panchayats and Municipalities have been held. Now the controversy is whether powers as outlined in the Constitution have been transferred to institutions of local self government, further grants are lost on this score the persons who will loose out on the benefits and suffer are the people of Bihar. Thus, though this should have been done by the State government itself when the Constitution was amended, today after 8 years it can hardly escape the exercise to make an official policy document for planning on items which are referred in the Eleventh and Twelfth Schedule of the Constitution. This should be an official compendium for planning on the subjects mentioned in these schedules. Thus, of the items referred to in the two Schedules, let the State government generate a report for itself for drawing up draft plans by Panchayats and Municipalities in participation with the District Planning Committees. This matter may not be delayed because if it is, again there will be complications of lapsed grants from the Central Government as the financial year draws to a close. Put up after a fortnight i.e., on 12.12.2002 under the heading for orders. Let a copy of this order may be given to Counsel for the State (S.C.6) and also to Mr. M.P. Gupta, Advocate.