Indeed we have failed Gandhiji . We have been unable to bring Panchayati Raj in a meaningful manner and make it workable success . Our local self governance institutions which we have named “Panchayats” and “ Nagarpalikas” under the Constitution , were doomed from the start since they did not take into account our indigenous models of governance . Indeed they have been spectacular failures.
The present need is to formalize a workable paradigm in local self governance which is not merely Bharatiya in name , but Bharatiya in thought as well . However it is also important that the said local self government are not relics of the past since past is history but should also be able to deal with problems of the future and should be flexible to be able to deal with the challenges that we are bound to face in the future .
The following are suggestions as to a possible paradigm for more effective model of local self governance keeping in mind the Bharatiya ethos :
(1) Depoliticisation of the Panchayats and Nagarpalikas . It is important to ensure that the local self governance representatives are not linked to political parties at all whether Government or in Opposition . This seems to make them much less effective and unable to stand up to pressure from the state level leaders from either side . The Nagarpalikas and the Panchayats should be completely insulated from State politics . The local bodies should have as little linkages with the state government and legislature as possible . This is the most important keystone to good local self governance.
(2) Make the local self governance bodies autonomous . Though the said local self governance bodies are today setup at the instance of the Constitution of India , yet the said representatives and the bodies whether they be of the Panchayat or the Nagarpalika , are at the mercy of the State Government . It is therefore important that the power of the state government to dissolve the said bodies be taken away . Offcourse the state government should have the power to take over administration of locality for a limited period of time , in an emergency , but it should not be able to dissolve or supersede the said local authority under any circumstance whatsoever . In any case since law and order does not fall within the jurisdiction of the local bodies there should be very little scope for interference of the State .
(3) The local authorities should also be given wider power to gather taxes under various heads . The local authority should be answerable for any defalcation of moneys gathered by taxation . Defalcation of funds should be criminalized . The local authorities should also be given the power to use the said taxes for the purpose of development and their own priorities . The state government including the State Finance Commission should interfere as little as possible.
(4) There should not be imposition of any scheme on the local bodies. Money should be given to them to spend on their own priorities . Though there should be a strict method of accounting for the money and exemplary action taken against defalcation. Any person held responsible for defalcation should be disqualified from ever holding any position whatsoever at any level.
(5) There should not be Panchayat or Nagarplaika level agencies and authorities for the purpose of development . Money should be allocated to the local bodies who should be free to spend it in terms of their priorities . Though the accountability of expenditure should be strictly enforced.
(6) The Government can set up agencies to help the local authorities at every level to plan their work and to advise the local authorities how to implement their policies . The Government of the State and the Union should keep away from forcing their opinions on the people.
(7) The work of the Zilla / District Planning Committee and the Nagarpalika/ Metropolitan Planning Committee should be to that extent altered and should work under their respective District / Zilla Parishad and the Nagarpalika . There should be exploration as to whether similar bodies can be formed even at the Block / Taluka level and at the village level .
(8) The representatives should be subject to recall .
(9) There should be provisions for all the people to put up a proposition with a sufficient number of proposers in relation to policies of the local government , and the people should have the right to vote on the said propositions .
(10) The composition of the Panchayats and Nagarpalikas should be elected on occupational basis , that is if the percentage of population in a village is 50 % agriculturists , 20 % artisans , 15 % herders , 10 % traders , 5 % service holders , and the elected representatives of the village are 20 in number ,the representatives should be distributed in the same percentage , that is 10 should be elected from among the farmers , 4 from artisans , 3 from herders , 2 from traders and 1 from service holders , and the Pradhan should be elected directly from all the members of the village . Similarly for Nagarpalikas , that is if the entire city has 60 % engaged in the service sector , 20 % in trade , 20 % in industry , the election of representatives should be in that proportion . There can be further subdivisions based on further groups like IT , Government Service etc . etc . Undoubtedly there can be an overlap , but as with Bar Associations and even territorial constituencies, the person can have the right to vote in two places , but the person will have to chose the constituency which he wants to vote for . There will be only one man one vote. There should be the provision of sufficient people getting together and petitioning for recognition of new groups, and after due verification in the next census , such groups should be recognized . There should be an elected Mayor in the Nagarpalika .
(11) The governance should be carried out by a group of technocrats / capable people nominated by the Pradhan / Mayor at the will of the entire body of the Nagarpalika / Panchayat representatives .
(12) The local self governance bodies should clearly have the power to constitute one or more tribunals to adjudicate disputes including those relating to property and family law, appeal from which could be made to the High Court , which would any way be the case under Article 226 of the Constitution of India .
(13) Some criminal adjudicatory power can also be moved to the local bodies , from which appeals can be made to a Judicial Magistrate .
(14) Police powers can also be given to the local bodies, though the state will remain overall incharge of law and order and will retain the right to impose law and order incase the local bodies fail to maintain law and order.
(15) The present three tier system can be replaced by another system , with all the Pradhans of the villages forming the assembly at the Taluka /Block Level and all Taluka / Block Pradhans forming the assembly at the Zilla / District level. The Pradhans for the Blocks and the Zilla Pradhans can be on a rotating basis so that every Taluka / Block or District / Zilla has a chance to head the assembly.
(16 ) No mega project and acquisition of land should be allowed without conducting a referendum of the locals regarding the mega project , fixing a percentage for the proposition being allowed . May be 70 to 30 . The state should not acquire lands for private parties , though it can acquire property for infrastructure projects or defence . Incase the state does not use the said land then it should be returned back to the land holders subject to repayment of the money paid for acquisition . Similarly for excess land . The state should not be a middleman in land deals of any sort whatsoever . The local authorities should only be restricted to ensuring a peaceful referendum and nothing more . The local bodies should be kept away from having any role in acquiring and or buying and selling land .
(17) In every village where there are traditional bodies , the people should be given the choice as to whether they want to follow the traditional method of selection of Pradhans or the new method by referendum . They should also have the right to switch from one to the other after a process of gathering a minimum amount of proponents and then putting the said proposition to vote by referendum . As for Autonomous Councils and such like , their powers should be read subject to the powers of the Panchayats / Nagarpalikas . In case of V and VI Schedule areas under the Constitution , there should be flexibility to demarcate what constitutes a “village” for the purpose of Panchayat , including the ability to demarcate entire tribal units together or separately as Panchayats .
(18) The State therefore should have a strong and very effective body to ensure free and fair elections / referendums can be conducted at all levels.
(19) There should be a very effective and completely independent accountability Directorate which shall investigate and prosecute defalcation at all levels and there should be Courts/ Tribunals constituted for such issues having criminal jurisdiction , having appeal only to the High Court , to ensure that defalcation of moneys does not take place.
(20) There should be a very conscientious and effective census / statistical directorate which will continuously and rigorously update and collate all data in relation to all villages and urban agglomerations for future elections and for the purposes of keeping record .
The present need is to formalize a workable paradigm in local self governance which is not merely Bharatiya in name , but Bharatiya in thought as well . However it is also important that the said local self government are not relics of the past since past is history but should also be able to deal with problems of the future and should be flexible to be able to deal with the challenges that we are bound to face in the future .
The following are suggestions as to a possible paradigm for more effective model of local self governance keeping in mind the Bharatiya ethos :
(1) Depoliticisation of the Panchayats and Nagarpalikas . It is important to ensure that the local self governance representatives are not linked to political parties at all whether Government or in Opposition . This seems to make them much less effective and unable to stand up to pressure from the state level leaders from either side . The Nagarpalikas and the Panchayats should be completely insulated from State politics . The local bodies should have as little linkages with the state government and legislature as possible . This is the most important keystone to good local self governance.
(2) Make the local self governance bodies autonomous . Though the said local self governance bodies are today setup at the instance of the Constitution of India , yet the said representatives and the bodies whether they be of the Panchayat or the Nagarpalika , are at the mercy of the State Government . It is therefore important that the power of the state government to dissolve the said bodies be taken away . Offcourse the state government should have the power to take over administration of locality for a limited period of time , in an emergency , but it should not be able to dissolve or supersede the said local authority under any circumstance whatsoever . In any case since law and order does not fall within the jurisdiction of the local bodies there should be very little scope for interference of the State .
(3) The local authorities should also be given wider power to gather taxes under various heads . The local authority should be answerable for any defalcation of moneys gathered by taxation . Defalcation of funds should be criminalized . The local authorities should also be given the power to use the said taxes for the purpose of development and their own priorities . The state government including the State Finance Commission should interfere as little as possible.
(4) There should not be imposition of any scheme on the local bodies. Money should be given to them to spend on their own priorities . Though there should be a strict method of accounting for the money and exemplary action taken against defalcation. Any person held responsible for defalcation should be disqualified from ever holding any position whatsoever at any level.
(5) There should not be Panchayat or Nagarplaika level agencies and authorities for the purpose of development . Money should be allocated to the local bodies who should be free to spend it in terms of their priorities . Though the accountability of expenditure should be strictly enforced.
(6) The Government can set up agencies to help the local authorities at every level to plan their work and to advise the local authorities how to implement their policies . The Government of the State and the Union should keep away from forcing their opinions on the people.
(7) The work of the Zilla / District Planning Committee and the Nagarpalika/ Metropolitan Planning Committee should be to that extent altered and should work under their respective District / Zilla Parishad and the Nagarpalika . There should be exploration as to whether similar bodies can be formed even at the Block / Taluka level and at the village level .
(8) The representatives should be subject to recall .
(9) There should be provisions for all the people to put up a proposition with a sufficient number of proposers in relation to policies of the local government , and the people should have the right to vote on the said propositions .
(10) The composition of the Panchayats and Nagarpalikas should be elected on occupational basis , that is if the percentage of population in a village is 50 % agriculturists , 20 % artisans , 15 % herders , 10 % traders , 5 % service holders , and the elected representatives of the village are 20 in number ,the representatives should be distributed in the same percentage , that is 10 should be elected from among the farmers , 4 from artisans , 3 from herders , 2 from traders and 1 from service holders , and the Pradhan should be elected directly from all the members of the village . Similarly for Nagarpalikas , that is if the entire city has 60 % engaged in the service sector , 20 % in trade , 20 % in industry , the election of representatives should be in that proportion . There can be further subdivisions based on further groups like IT , Government Service etc . etc . Undoubtedly there can be an overlap , but as with Bar Associations and even territorial constituencies, the person can have the right to vote in two places , but the person will have to chose the constituency which he wants to vote for . There will be only one man one vote. There should be the provision of sufficient people getting together and petitioning for recognition of new groups, and after due verification in the next census , such groups should be recognized . There should be an elected Mayor in the Nagarpalika .
(11) The governance should be carried out by a group of technocrats / capable people nominated by the Pradhan / Mayor at the will of the entire body of the Nagarpalika / Panchayat representatives .
(12) The local self governance bodies should clearly have the power to constitute one or more tribunals to adjudicate disputes including those relating to property and family law, appeal from which could be made to the High Court , which would any way be the case under Article 226 of the Constitution of India .
(13) Some criminal adjudicatory power can also be moved to the local bodies , from which appeals can be made to a Judicial Magistrate .
(14) Police powers can also be given to the local bodies, though the state will remain overall incharge of law and order and will retain the right to impose law and order incase the local bodies fail to maintain law and order.
(15) The present three tier system can be replaced by another system , with all the Pradhans of the villages forming the assembly at the Taluka /Block Level and all Taluka / Block Pradhans forming the assembly at the Zilla / District level. The Pradhans for the Blocks and the Zilla Pradhans can be on a rotating basis so that every Taluka / Block or District / Zilla has a chance to head the assembly.
(16 ) No mega project and acquisition of land should be allowed without conducting a referendum of the locals regarding the mega project , fixing a percentage for the proposition being allowed . May be 70 to 30 . The state should not acquire lands for private parties , though it can acquire property for infrastructure projects or defence . Incase the state does not use the said land then it should be returned back to the land holders subject to repayment of the money paid for acquisition . Similarly for excess land . The state should not be a middleman in land deals of any sort whatsoever . The local authorities should only be restricted to ensuring a peaceful referendum and nothing more . The local bodies should be kept away from having any role in acquiring and or buying and selling land .
(17) In every village where there are traditional bodies , the people should be given the choice as to whether they want to follow the traditional method of selection of Pradhans or the new method by referendum . They should also have the right to switch from one to the other after a process of gathering a minimum amount of proponents and then putting the said proposition to vote by referendum . As for Autonomous Councils and such like , their powers should be read subject to the powers of the Panchayats / Nagarpalikas . In case of V and VI Schedule areas under the Constitution , there should be flexibility to demarcate what constitutes a “village” for the purpose of Panchayat , including the ability to demarcate entire tribal units together or separately as Panchayats .
(18) The State therefore should have a strong and very effective body to ensure free and fair elections / referendums can be conducted at all levels.
(19) There should be a very effective and completely independent accountability Directorate which shall investigate and prosecute defalcation at all levels and there should be Courts/ Tribunals constituted for such issues having criminal jurisdiction , having appeal only to the High Court , to ensure that defalcation of moneys does not take place.
(20) There should be a very conscientious and effective census / statistical directorate which will continuously and rigorously update and collate all data in relation to all villages and urban agglomerations for future elections and for the purposes of keeping record .
It is therefore very important that we look towards reformulating the entire scheme of the Panchayati Raj system to reflect our Bharatiya values and to make the system more accessible to those who are yet to benefit from the system.
1 comment:
hi actally i havnt gone thru ur article coz rt nw m running short of tym. but I promise dat ur blog has got ma attention n I will defin8ly read it. I wud luv 2 kno mor about wat u feel bout dharma n law altough both are the 2 syds of d same coin. " Ones' duty z others right" i learnd dis 4m geeta. hope u got me right. I will follw u if i can.
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