(Published on Tuesday, July 3, 2007)
IN PERSPECTIVE
Decentralisation in danger
By Kavita Ratna
“The
amendment to Panchayati Raj Act violates the 73rd
constitutional Amendment.”
In the past,
Karnataka was hailed as a trail blazer in decentralisation
of governance. It served as a role model when the Panchayati
Raj system was scaled up in the entire country.
However, for the past few years gram panchayats in Karnataka have been
endangered. A new threat has appeared in the form of the Karnataka Panchayati Raj Amendment of April 2007 recently passed in
both houses of the Karnataka Legislature.
It blatantly violates the authority and mandate of the Panchayats as it imposes
conditionality on the power of the Panchayats to identify beneficiaries – and
hands over this power to “any Committee or authority of the Government
constituted in this behalf.” This amendment violates the 73rd Amendment of the
Constitution and also several legislations and orders passed by the State that
highlight the actual transfer of powers and functions to the three tiers of
Panchayats.
Persistent moves
History shows that the road to democratic decentralisation
has always been strewn with mammoth hurdles. There have been extremely well
orchestrated and persistent moves from the higher ups to curtail the scope and
strength of local governments. The recent amendment is one such. The rationale
of the legislature for the tabling it is based on the premise that “the gram
panchayats have not been functioning effectively, which has affected the
implementation of (these) programmes”, with special reference to the
implementation of the Ashraya Scheme.
It is significant that before the amendment was tabled, there was no public
debate on it. It is equally important to note that the Legislative Assembly
passed it with a significant majority. In response to this silent confiscation
of power, a huge state-wide Movement “Panchayati Raj
Hakkottaya Andolana” has been launched to oppose this amendment and to demand
the retention and strengthening of the powers of the Panchayat Raj and the grama sabhas. Over 80 federations
of Panchayat members, institutions and individuals have come together for this
purpose, which is rapidly gathering momentum. On June 29, the members of the
Andolana closed down their offices as a mark of protest against the amendment
and to reclaim their right as representatives of local governments.
MLAs’ views
As a part of the campaign, 120 legislators were
contacted. More than half of them, from all political parties, were unequivocal
in their support to the amendment. According to a few, the members of the
Panchayats were illiterate and they did not have the knowledge to select
beneficiaries. They also alleged that the members were misusing power and
misappropriating funds at the panchayat level. But,
there is no evidence to substantiate this claim. No list of such grama panchayats has been made available to the panchayats
and the citizens of this state in support of their view. Experience
clearly shows that the gram panchayats and the members of the gram sabhas, because of their proximity to the people of the gramas, are advantageously positioned to identify the
deserving beneficiaries for all schemes including housing. They have ensured
that favouritism, preferential treatment and nepotism
are practically non-existent.
A ray of hope is that there were 50 legislators who were against the amendment.
They have strongly stated that the amendment was illegal. The power to choose
the beneficiary is the sovereignty of the grama sabha. The role of the legislators is to formulate
legislations, not implementing programmes, they have clarified.
The gram panchayats of Karnataka deserve a forum to state their defence and explain their side of the story. They also have
to be actively involved in finding solutions to their problems and to
strengthen the functioning of gram panchayats. Instead of making allegations
about the inefficiency of the panchayats, in order to justify the violation of
their Constitutional rights, the state should taken on the responsibility to
build the capacities of the local governments that are closest and so most
accountable to the people.
(The writer is Convener, Panchayat Raj
Hakkottaya Andolana.)
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