PANCHAYATI SWARAJ

Second Freedom; when my village becomes self-responsible

SixFreedoms...5Political...5.1Legislative
5.1 Legislative
A village must make village policies and village rules that are applicable to itself through its Gram Sabha, provided of course that these policies and rules do not violate the constitution of India. These rules must preferably be briefly recorded in writing, and a copy of the same must be maintained at the taluka head office and taluka court. (These provisions are still to be made in the administrative setup at the taluka level.) The Gram Sabha should also oversee the functioning of the village executive, and as such, it should lay down the norms on which basis the executive will take forward the goals of the village. Some important operational decisions can also be taken through the Gram Sabha.
Relevance:         Notionally, this freedom is already granted through the Panchayati Raj amendments ... to the constitution. But there is a need of some change in both the way it is conceptualized at the center and the way the state governments are implementing it through their regulations. The entire body of eligible voters in the village has the right to sit together and decide upon laws pertaining to the village; however, this freedom has been rendered meaningless owing to various other factors. These need to be reviewed by lawmakers at the state and national levels.
Detailed Rationale:         Retaining a ‘village policy and rules’ document at the tahsildar’s office is important because ... it serves as a reference for all those who need to deal with the village. Such a document can be used to audit the functioning of a village. Besides, it will act as a facilitator in arbitration processes.

Villages that have satisfied the audit requirements of the government should have a greater degree of legislative freedom. The fine details regarding what powers they would get when the village is granted the freedom to legislate can be decided on the ground by the appropriate authority in the Indian democracy. This picture is bound to evolve and emerge as time goes by, provided the need for the village to be a republic is recognized at the outset.

Success Stories and Action:
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For such a thing to happen, the Indian government and state governments must set the limits to which the village can legislate. It must also make arrangements to ensure that these drafted rules are effectively audited so that there is compliance with the constitution of India. At the heart of the effort should be the Gram Sabha. It will be seen as a meeting of all eligible voters of the village. Like general bodies in the case of companies, these Gram Sabhas will control the executive bodies of the village. Surely the 73rd and 74th amendments will form the platform on which this devolution of power will be affected.

A village will be given legislative freedom only after the state government is assured, through its auditors, that the members of that village deal with each other in a manner that does not violate the constitution of India. The villagers will, therefore, have to earn the right to be in charge of this and other village-level institutions.

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