Tuesday, 3 December 2013

PLEASE CONNECT WITH YOUR RWA OR GRAM SABHA

Whenever a proposal is mooted to give direct power to people through RWA’s and Gram Sabha, then government argues that people will fight with each other. That people are divided in the name of religion and in the name of caste and, therefore, they can not be given power. History is proof that whenever people have demanded independence, then rulers have taken the refuge of “division between groups” as the reason to deny power to the people.

The English used division as a tool to rule the country. Instead of bridging the differences amongst people, rulers tried to widen the rift between them and then use this as an excuse to deny the power. Our leaders, the political parties and the government officers of our country are playing the same dirty game of religion and caste which drives a wedge of separation between the people. 

The first and the foremost duty, therefore, is to let the leaders know that we, the people, want the power back which was given to them on 26th January, 1950. They have misused the power and now we 
need to be free to bridge the differences amongst ourselves. 

Our second priority should be to start movements that bridge the differences created by caste, creed and religion in our society. Therefore, it is essential that people should start and get connected with Gram Sabha’s and RWA’s on village and city level. 

We have to ensure that our RWA’s and Gram Sabha’s are not the helpless recipients of dole distributor of the government. Dr. B. D. Sharma has made a suggestion as to how the meetings of Gram Sabha should start. 

First people should greet and know each other. 

They should discuss their personal problems with each other related to house, village or a city in which they live. 

They should then deliberate on personal, family, social and local problems that affect them. They should not only discuss the problems but also come up with solutions. People should find most of the solutions to their problems on the level of village or locality. For e.g.: if someone is very sick in one household, then members of the Gram Sabha should find methods to help him. This will help the people to bond together. More and more people then will come to Gram Sabha meetings. 

If Sarpanch of your village or the president of RWA calls for monthly meetings it is good, and if he does not do it, then, the members should themselves decide a date every month to meet, in which people from backward section of society should be invited. In the beginning few people will come but by consistent efforts people will start to come. This is what Gram Sabha is. Each individual member should be free to voice his problems. The discussions of problems and solutions and implementation will bond the people together. With passage of time, with solution in sight, the number of Gram Sabhas will increase. 

In every meeting the sarpanch should be invited. If he does not come in two three meetings, then, under the right to information act, get the information of works conducted in last few months and produce in front of the Gram Sabha assembly. It is very important that the open meetings should be conducted at regular intervals. Just like Gram Sabhas are organized in the same way meetings of RWA in the cities should be organized. The first requirement is that the people should connect with each other. They should establish a social relationship. Slowly discussions will takes place on local and national issues. 

After mutual discussions local ward councilors should be invited. He should be apprised of the experiments that are going on in connection with the RWA. If the councilor agrees then organize the association meetings with him and if does not agree even then keep meeting amongst yourself. In this connection you could know about various experiments that are going on for SWARAJ. This is the way differences between the people will be bridged. Until such times as political leaders and parties have the power in their hands they will keep driving wedges of division between the people. The day Gram Sabhas in villages and RWA’s in cities begin to meet together, that is the day when the journey to join together will start. 

Please let us know your experiences of organizing and working of Gram Sabhas and RWA’s through phone, e-mail or your letter. Our knowledge will increase with your experiences. If you want to change the picture of this country then we have to work together hand in hand. 

Control Over Municipal Corporation

We as tax payers have the right to spend our money on our own welfare. 

Any RWA can forward a proposal to Municipal Corporation, for consideration or implementation of any issue related to the RWA, provided two-third of the members has voted for the same. It would be mandatory for the municipal corporation to consider such a proposal forwarded by the RWA. This proposal could be for building roads or for a park or repair of walkways or for a community centre. As long as majority vote ratifies the proposal there is nothing unconstitutional in such a proposal. 

The government is spending our money indiscriminately without keeping our needs in perspective. We are demanding a change, in which we now tell the government what we want. 

RESPONSIBILITY


  • Resident Welfare association will make sure that in their colony no one is without house, nobody sleeps empty stomach, no child is deprived off education and everybody gets adequate health facilities. 
  • The relevant ward committees should have the same responsibilities as RWAs have. Ward committees while taking major decisions should take consent from the RWA before implementing the same. 
  • The slum colonies located in a locality should not be uprooted until adequate provisions have not been made for rehabilitation under the government guidelines. No Objection Certification towards rehabilitation will be issued by the RWA. 
  • Residents of villages existing in metropolis like Delhi must have the right of their own land. 

Economic Control


  • Ward committee must have independent revenue. Ward committees should be empowered to impose and collect taxes, after mutual discussions and deliberations, for certain matters pertaining to the ward.
  • Ward committees should get independent funds for development from Municipal corporation, state and central government, besides the tax that they collect independently from their ward. 
  • What type of development work and where it should be carried out would be decided by the locality’s Association. 
  • Unless the completion certificate is provided by the Locality’s Association, the contractor who has carried out the work should not be paid. 
  • All decisions should be taken collectively by Locality’s Association in the meetings of the Association only. The elected members of the Association and the local government’s officer’s roles are limited to implementation of the decisions. 
  • If representatives of an Association or ward members do not abide by the directions given by the local Association then the local Association must have the right to recall their representatives. 
  • The local Association must have the powers to summon and ask government officers, assigned to their areas, like junior engineer, principal of school, managers of ration shops, health inspectors and medical superintendent to be present in the meetings of the Association. 
  • If government employees, like teachers, health officer, sanitation workers, junior engineers posted in the locality of the Association do not obey the orders or do their bidding or carry out work carelessly then the Association of that locality must have powers to stop their wages or impose a penalty. There should be no need by the Association to seek permission from any agency to impose a penalty on such erring government employees. 
  • If the ration shop of a locality is not distributing ration properly to its card holders then Association of that area must have powers to cancel the license of that shop. Then the Association would be empowered to issue license to a new party in tier own locality. 

Salient Provisions of the proposed Law


  • Three thousand individuals (Voters) living in a specific locality of a city should be allowed to form an association. If population of any ward in the city is more than three thousand voters then each of the three thousand voters can form a separate association. People living in their geographical locations would be treated as members of that association. 
  • One representative should be chosen from association of each locality with the help of election commission. 
  • Representatives of all associations of localities in one ward will form a committee. This committee should be headed by the ward councilor or the Member of Legislative Assembly. 
  • Management of all matters related to a locality should be carried out by the Association. Actions should be taken by the Association on all related matters of the ward by voice vote and mutual consent of the members of the ward. 
  • Meetings of the Locality Association should be headed by a member of the locality. He should be the conduit for communication between the Locality Association and the ward  committee. It will be mandatory for him to accept all decisions of the Association. He cannot over look and by pass the Locality’s Association and takes independent decisions. 
  • All decisions should be taken in the open house meeting of the Locality’s Association on monthly basis. If any decision has been taken elsewhere then the acceptance of that decision will have to be taken in the open meeting of the Association. 

Steps by the Central Government

There is a wide spread demand in Delhi for giving legal recognition to residents welfare associations. A draft of “Model Nagar Raj Bill” has been sent to all state governments by the central government last year in which it was requested that they should make necessary amendments, using their intellectual discretion, and pass the bill in their Vidhan Sabhas. This step is a big event of the central government. This is for the first time that resident welfare associations are being recognized as a unit of a city. But the sad part is that in draft of the central government, RWA have not been vested with real power.

Civil society members have rejected the current draft of Local government bill. Many prominent citizens like Mr. Prashant Bhushan, Lawyer of Supreme Court, Social worker Mr. Anna Hazare, Former Chief Secretary Mr. S. C. Bahar, have come up with a new draft for the Local government bill. Let us look at 
the prominent provisions of the “Local government bill” which is being demanded by the members of the civil society. 

Self Governance in Cities is essential too

It is defined in the constitution that Gram sabha is the common assembly of people living in a village. In spite of the fact that constitution recognizes the gram sabha yet the sabha has been vested with no power. Under self governance we believe that Government funds, government servants, government laws, actions that go towards making laws and natural resources should come under the control of people through the gram sabhas. Unfortunately any social set up of people living in the cities has no constitutional recognition or legal legitimacy. For this separate law will have to be drafted. 

Experiment in Delhi: 

This is true that Resident welfare Associations (RWA) has not been legally recognized but at many a places people have taken initiative and formed associations. It would be worthwhile to high light the 
initiative in Delhi. For a long time in certain areas of East Delhi, under the initiation of SWARAJ movement, local assemblies are being organized. The people are taking decisions in local matters of the government. Government officials and political leaders are getting those works implemented. This commendable work is being carried out in Trilokpuri and Sundarnagri ward of NDMC. Each ward has been divided in ten localities. Each locality meets once in one or two months. 

In these assemblies of people, under the aegis of self governance movement, officials of Municipal Corporations and representative of people join hands in the proceedings. How and where the money of corporation is to be spent is decided by the assembly of the people. Before this all these decisions were taken by few government officers and political leaders in “closed rooms”. But today the situation is such that any member of the assembly can raise his voice against problems related to water, electricity, roads, etc.

His demand is noted by the government officers and councilors, present in the meeting, who get the funds released for the same. In case the list of demands is long and adequate funds are not available then in the same meetings the priority of works is decided by the votes of the people, on the basis of which the work would be carried out. 

The councilors of Sundarnagari and Trilokpuri have already announced that the payment against the work carried out in their area would be made to the contractors only when local body expresses its satisfaction with the quality of work. This decision has improved the quality of work carried out in their areas. There are various social welfare schemes like pension for the old, physically challenged individuals and pension for widows. List for such residents is made in an open assembly. 

People are transparent and discuss among themselves as to who is the poorest and who should get benefit of these schemes first. Earlier this benefit used to accrue to near dears of the councilors. The governor of Delhi has congratulated the councilors who were conducting these types of meetings. He directed the local police officers to be present in such meetings. He also directed the commissioner of corporation to conduct such meetings in all areas of Delhi. 

Ban on interference of the state government

Problem: 

Under the present system of panchayati raj, the state governments send directives to the panchayats all the time. Because of this the panchayats have turned into a useless government departments processing paper. Instead of tackling the problems of the people of their areas the sarpanchs are busy in taking care of the directives of the government. The directives pertain to the date when the gram Sabha will take place, what will be the agenda of the meeting, what all committees will be formed and how will they be formed and how will they operate? All such decisions are taken in the secretariat of the state governments, located in capital cities, instead of the gram sabhas. 

The state governments try to take all small and big decisions related to lives of the people of the village. This has resulted in indifferent attitude of members in the work of Sabha, in loss of freedom of the gram sabhas and its panchayats. 

It probably is believed by the government that people on the village level need spoon feeding and if left to them then it will result in a state of chaos. They will not be able to take decision on the issues of education, health care, warehousing products, irrigation and many others in their villages. This is a far fetched thought because there are plenty of examples where villagers have proven that they could administer, if given a free hand. 

It is the business of Government to govern but government displays inept and shoddy handling of the administration. It interferes with peoples lives on all levels small and big. Result is that people take no initiative in the process of governance and governance, therefore, is no ones baby; neither of the people or of the government. 

Suggestion: 

The right to give direction to the gram Sabha should be withdrawn from the state government. Panchayats should be treated as the third independent body of administration. State governments should be allowed to send directives to the panchayats once in a while but sending in directives on a regular basis and interfering in panchayat’s day to day activities must be stopped. 

Let the people decide what they want. Let them decide what their priorities are and how they would like to deal with the problems that they face. Once they are given freedom to choose, freedom to operate and free funds, they will excel in governing themselves. 

Introduction of Lokpal

There is endemic corruption rooting out of a basic problem that there is no accountability of a government servant or an elected representatives of the people. This gives freedom to both 
elected representatives and government servants to indulge in acts of financial embezzlement of funds that belong to the people. The courts are already reeling under the pressure of mounting cases that are pending with them and many times it takes a life time for a case to come to a conclusion. Justice delayed is justice denied. 

Therefore, Lokpal bill is being proposed. This is an independent institution, which will look into cases of corruption against the legislature, executive and the judiciary. Lokpal will look into 
corruption cases against the central government employees and the Lokayukta will look into corruption cases against the employees of the state governments.

Lokpal is within the frame work of transparency in operation. Lokpal is subservient to the people and not above. Just the way people give executive power to the Lokpal/Lokayukta to act against the dishonest government employees, in the same way Lokpal’s office is also subject to scrutiny. People will have the power to recall Lokpal, if Lokpal is found to be corrupt, 

Problem: 

There is no effective remedy in the existing law if provisions of the panchayat law are being violated. Like the working of gram Sabha is thwarted, certain section of society members are not 
being allowed to attend gram Sabha meetings, the minutes of the meeting are not being recorded properly. Under such circumstances district officials are supposed to take action but they under the influence of the local political leaders do not conduct an impartial inquiry. 

Fears are expressed that influential people from higher castes in many areas will not let the people from backward class attend the meetings of the gram Sabha. Even if they are allowed 
then they will not be given chance to voice their opinion. Even if they are allowed to express their opinion and demands then the recording in the minutes of the meeting would not be included. 

Suggestion: 

Therefore, it is suggested that to listen to such complaints and take time bound actions lokpal should be appointed. In Kerala such a system is in operation with positive results. 

It is suggested that Lokpal should be appointed on the state level. The work of Lokpal would be to solve problems related to violation of gram panchayat’s laws and disputes. The Lokpal will also take steps to implement various provisions of the gram panchayat law.

The selection process of Lokpal should be totally transparent and should be by general participation of the people. In order for it to be effective and time bound, it should be given all necessary rights and resources. If someone reports that the meetings of gram Sabhas are not taking place regularly or some sections of society are not allowed to attend the meeting or not allowed to voice their opinion, 
or the minutes of the meeting are not being recorded properly then it will be Lokpal’s duty to conduct an inquiry into it. If it is found that there is truth in such a report then either he himself or through his representative arrange gram Sabha and makes sure that such incidents do not take place and meetings are conducted regularly. 

Transparency in documents

Problem: 

In spite of right to information act it is difficult to obtain information about the working methodology and decisions made by the various levels of the panchayats. In many areas where people have asked information related to working of panchayat from the sarpanch and the government officials, many cases have come to light where the people have been victimized. It is a common occurrence where the sarpanch in collusion with the police has registered false cases against such people. At many a places people have been attacked with intent to kill. 

Suggestion: 

To bring about transparency in the working of all levels of the panchayat, the documents related to works should be available freely. All documents related to gram, block and district panchayats should be available for scrutiny. Such a system should be devised where any one could inspect documents related to works without giving an application. For such purpose two days in week 
should be reserved for a limited time in which this inspection could be carried out by common man. If some one demands a copy of any document, than he should get the photo copy of the document within seven days after paying the necessary charges. In case of any violation, the gram Sabha should have the power to punish the erring government employee. 

Consolidation of panchayat on block and district level

Problem: 

In today’s system the sarpanch of a village in lower levels of panchayat is a member of the higher level of panchayat. Besides this election is conducted for members of block and district levels of panchayat. The past records of the working of the panchayat show that there is no improvement in the working methodology of the panchayat because of this. This methodology on the other hand has fueled corruption. Whenever, there is a proposal of “No confidence motion “ against the chairperson of the middle and district level of panchayat then the existing members start to bid their prices for their vote to support or reject the “No confidence motion”. 

In many a cases the chairperson pays the members on a regular basis to remain in office. The Chairpersons of higher levels of panchayat, during election, spend a lot more money than the members spend in their election, since their area of operation is much wider. This money, needless to say is amassed from corrupt practices from various government projects that come 
under their jurisdiction, once they are in office. 

Suggestion: 

Election for the post of members of middle and district level of panchayat should be abolished. The representatives of the lower level of panchayats should be made members of the higher levels of panchayat. This way the lower level of panchayats would be able to control the working of higher levels of panchayats. All sarpanch of a village should be made members of the block panchayat. They should elect one member amongst themselves as the block chairperson. In the same way chairpersons of each block should elect one member as the chairperson of the district panchayat. The sarpanch of the gram Sabha should act as a bridge between the village and the block. He should inform the block panchayat of all the decisions taken by the gram Sabha and in turn inform the gram sabhas of the decisions taken by the block panchayat. 

This way, through the sarpanch of their village, the gram Sabha will be able to take control of the activities of the block gram Sabha. By extending this system the block chairpersons will act as a conduit and will be able to take control of the activities of the district level of panchayats. 

Consolidation of many villages under one panchayat

Problem: 

Presently many far flung villages are clubbed together under one panchayat. The people of the village are not able to attend the meetings of the sabhas. These villages are different from each other on the basis of caste, creed, and religion, their economic and social differences. It has been seen that their problems and solutions are also different. Many villages have enmity that dates back to many generations. The villages are not connected with roads or railway that creates problems of commuting for attending the gram sabhas. Taking all the above issues under consideration their consolidation on one level is unworkable. 

Suggestion: 

Irrespective of the size of the village, each village should be declared as a panchayat. If two or more villages want to consolidate under a single unit then they should be declared as a unit of 
panchayat. Under PESA such provisions are available for the backward classes. The same law should be extended to the entire country. 

Collection of taxes

Problem: 

We use unscientific methods to collect and spend the taxes. Most of the taxes are collected by the state and central governments. These taxes are used through various plans and schemes of the government for the states, towns and villages. The money gets siphoned on two levels. 

One at the level when it is being collected that is on the upwards journey to the government treasury and then when the money is spent that is on its downward journey. What is surprising that the collected taxes on the local levels are not spent on the local level? The people are totally ignorant as to where collected taxes have been used? 

Suggestion: 

Experience suggests that if people are made to participate in the process of collection of taxes and if they know how these taxes will be used for their benefit then collection of taxes will become much easier. 

As far as is possible the services of the gram sabhhas should be taken for collection of various types of taxes. Gram Sabha is primary unit of the conglomeration of people for whom the taxes 
would be used for collective benefit. There can be no agency, government or otherwise, better than the gram Sabha itself to carry out this task. Our suggestions are as follows.

State governments should make list of various type of taxes. 

  • a. List of those taxes that are imposed and collected by the state government. 
  • Those taxes that would be imposed by the state government but the collection would be on the direction of gram panchayat. 
  • Those taxes that would be imposed by the higher levels of panchayats but would be collected by lower levels of panchayats. 
  • Those taxes that are imposed and collected by the same level of panchayats. An effort should be made that most of the taxes should fall in this category so that each level of panchayat could become financially independent. 
  • Income generated out of the wealth of gram Sabha should be credited in the account of that gram sabhas only. Part of the duties imposed by the Agriculture Produce arketing Committee (APMC) at the market place should also be credited to the concerned panchayats. We would mention here that both buyer and seller have to pay taxes to the APMC. Where and how this tax is spent is not known to any body? 


Corruption in Government offices

Problem: 

Be it a passport office or an office of the municipality, revenue department or the office of the SDM the citizens face all kinds of problems and are forced to give bribes to get their work done. 
It could be driving license or a birth certificate, it could be a death certificate or verification of land records, it could be complaint for a blocked drain or an application for getting electrical power, a citizen is forced to pay bribes to the government officials. 

Suggestion: 

Verification certificates for cast, income, residence proof etc should be issued by the panchayat office. In case if the panchayat secretary shows lack in his duty then he should be called to the 
gram Sabha for questioning. In any case the Gram Sabha has the power to reprimand and penalize the secretary for his acts of disobedience. 

Passports, driving licenses, electricity and water connections should be given to citizens within a specified time after receiving an application. If time lines are not met then the concerned official 
should be fined suitably. 

Control over natural resources

Problem: 

For centuries the local population was using limited natural resources for their needs and also preserving the environment. The control of natural resources like forest, rivers and mines 
started from the time British established rule in the country. From that time the exploitation started of these natural resources while the local population was displaced. However, the situation did not change after the independence. In last few years the process of exploitation of natural resources has increased where the land of the locals whose life depended on these was snatched from them. It has been mentioned earlier that the government is selling these natural resources to business houses and contractors at throw away prices. 

Suggestion: 

The gram sabhas should be made the owner of all small water resources, forests, minerals that fall under the jurisdiction of the gram Sabha. It should also be ensured that without the consent 
of the concerned gram sabhas no one is given the lease to use the water resources, forests, mines and land. The gram sabhas will decide who should be given the lease to use or not to use the natural resources and at what terms and conditions. If the terms and conditions of the contract of lease for the use of these resources are violated, in future by a contractor, then the gram sabhas should have the power to cancel the lease of such a contractor. If such violations have caused damage to environment or to group of people then the contracting company should be made to pay damages. 

It has been mentioned earlier in the book that natural resources are the national property of the country. How that should be deployed for national and general welfare is a question that needs to be discussed on all levels of the gram Sabha to create a national policy. The gram sabhas then could use these policies as a basis to give permission for use of the natural resources in their areas. 

Land records

Problem: 

The land records are tempered by the local officials of the government on a large scale through fraud. There are many cases of fraud and of collusion of these government officials who have 
transferred the land belonging to poor and helpless farmers in the name of someone else. Besides this, it is a gigantic task to ferret out information related to a property from the land revenue department. Getting work out of this department is even more difficult. 

Suggestion: 

All the documents pertaining to land, under the supervision of gram sabhas, should be taken care off by the office of gram panchayat. The list of all property transfer should be promulgated by the gram sabhas on a monthly basis. Any inquiry made by an individual or a society must be answered within a stipulated time by the gram Sabha. Failing to adhere to the time lines, the concerned officials of gram Sabha should be fined suitably. 

Land acquisition

Problem: 
  • Land is acquired by various state agencies from the people for various projects and Industry without considering the opinion of the affected people. Not only people loose their home and hearth but also face unemployment. The compensation paid in lieu of the land is inadequate. Even if the rates are paid as per the prevailing market prices, then also the people’s problem are not lessened. We are merely taking an example that an acre of land is sufficient for a farmer to grow crop year after year and take care of his needs for a life time but rupee forty or fifty thousand that is paid as compensation is not sufficient to take care of his expenses for a life time. Such acquisition alleviates poverty. 
  • Though the land owner gets an inadequate compensation but the labour who was working on that land does not get anything. He faces the specter of unemployment and poverty. 
  • In many a places it has been observed that when the land was acquired, under duress, from the villagers then they joined the violent ranks of the naxals. 


Suggestion: 

Gram sabhas should be empowered to take decision on suitability of a project whether it is for the welfare of the people of the area or not, whether the land should be given for the project or not. If it 
is decided the land should be given for the project then at what rate and conditions. There opinion of gram sabhas should be supreme. To give these power following provisions should be made in the 
laws. 
  • If any company, central or state government is interested in acquiring land then it should send an application to the panchayat of the concerned village. 
  • Original papers should be submitted, duly translated in the local language explaining how the acquired land will be used and what kind of project will be put up. The papers should be submitted to all gram Sabha panchayats that are affected to enable them evaluate various pros and cons of the acquisition. 
  • Based on the information submitted to the panchayat a campaign should be organized in each village to make people aware of the land acquisition. If any person of the village wants a photo copy of the project then a photocopy should be made available to him after charging money for the same. 
  • After giving papers to the village panchayats, each panchayat should call a meeting to discuss the project. If there are doubts and fears about the project then the gram panchayats would send in a request to the company, central or state government which is putting up the project to appoint their representative to give answers to their doubts and fears in the gram Sabha. If more information is needed then gram Sabha could request for the same. 
  • In the next meeting, which would be attended by the representative of the acquiring agency, all doubts and fears would be put to discussions. No decision would be taken on acquisition, except question answer session in this meeting. 
  • If the gram Sabha is satisfied with documents furnished and the answers of the representative then gram Sabha will call another meeting for taking the decision on the acquisition issue. In case it requires more information then it would send in a request to the company, state government or the central government. 
  • The meeting, in which the gram Sabha takes the final decision, no outsider would be allowed like the company representative, state or central government representative and the police. Even the media would be kept at a distance from the meeting. This meeting would not be chaired by the gram sarpanch or the pradhan. The people of the gram Sabha will choose, with consensus, a respectable person amongst themselves to head this meeting. The minutes of the meeting would not be written by the secretary of the gram Sabha but by a person chosen from amongst the people present. A vote would be taken to decide if the people want to give away the land or not. If yes then on what terms and conditions? The gram Sabha will ensure that interest of all concerned is taken care of while taking unanimous decision. This Sabha will take care of the interest of the landless and the labours who work on the land and the acquisition would result in their unemployment. If need be then more than one gram sabhas should conduct meetings jointly to reach a consensus. 
  • Whatever is the decision taken by such a consensus would rein supreme. The government will have no power to make amendments or reject the same. 
  • There should be a national policy on rehabilitation of the land owners and landless which should clearly define their basic rights. If the gram Sabha gives consent to land acquisition then provisions laid down in the rehabilitation policy, without tempering the basic rights, would form the basis of acquisition. The gram sabhas on the other hand will be free to negotiate other terms and demand more. The decision of the gram Sabha will be treated as final. 
  • The country is passing through a great food crisis. This crisis would deepen in the times to come. It is important in the national interest to preserve fertile land for the purpose of agriculture only. The nation will survive without roads, power and industry but we will not be able to survive for a day without food. A law should be enacted that bans the use of land that yields two crops a year for any purpose other than agriculture. Such land should be identified and marked for agriculture use only by the gram sabhas. 

License for Industry and mining

Problem: 

State and the central government issue license for Industry and mining. But people residing in the areas have to bear the brunt of its adverse effects. There is no role that these people play in the  process of issue of license. 

Suggestion: 

No permission should be granted for large industry set up and mining without the consent of the people of that area. The gram sabhas could grant the permission with certain conditions. In case 
these conditions are not met with, then the gram sabhas should have the power to cancel the permission, if given earlier. 

Alcoholism in Villages

Problem: 

In present time license for opening a liquor shop is given by the government departments on the recommendations of political leaders. They normally accept bribes for giving that permission. 
Serious problems crop up because of liquor shops. Many families are destroyed by the habit of alcoholism. The irony is that no one takes the opinion of people whose lives are affected in the vicinity of the shop. The shop is thrust on them, whether they want it or not. 

Suggestion: 

The license to open a shop should be given, only when the permission is granted by the gram Sabha in whose jurisdiction the shop falls. This permission of gram Sabha must have the consent of 90% of the women of the gram Sabha. By a majority vote, the women of the gram Sabha also should have power to get the license of an existing shop cancelled

Issues of corruption in panchayats

Problem: 

Corruption has seeped into all government works. Payments are made not only for works of extremely cheap quality but also for non existing works which are only shown on papers. When the 
citizens make complaint no action is taken. There are two reasons behind this. 

  • a. Whenever a government work takes place, the verification of the work is carried out by a government official that the work has been carried out as per specification and, therefore, the payment should be released. The citizens or the gram sabhas are not involved in this process of verification. In Uttar Pradesh the SDM verifies that a canal has been cleaned properly. Many a times he just accepts a bribe and gives a verification certificate in spite of the fact that the cleaning has not even taken place. No body bothers to ask the farmers who use the canal water if the same is cleaned or not. 
  • When complaint is lodged against these officials with their senior officer, the inquiry is conducted by the officers of vigilance department. Under political pressure, or by accepting bribes or just because of carelessness they do not take any action. The citizens on the other hand have no control over these vigilance officers. 


Suggestions: 

In our view on the above mentioned issues the gram Sabha should be given the following powers. 

  • Unless gram Sabha has given a certificate of satisfaction of the executed work of the government, no payment should be made to the contractor who has carried out the work. In case the work is of poor quality then the gram Sabha should also have power to initiate an inquiry into the works. The tainted contractor should be black listed and orders should be passed to correct the deficiency in the works. If guilty officials, responsible for the work, are under the jurisdiction of the gram sabhas then gram sabhas should have power to take action against them. 
  • If corruption is of criminal nature then gram Sabha must be empowered to direct the police to register an FIR and give regular reports on the progress of their inquiry. 


Control over the panchayat secretary

Problem: 

The secretary of the panchayat is appointed by the state government. He in collusion with sarpanch and other officials fosters corruption. He is not at all accountable to the people and therefore, the people have no control over him. 

Suggestion: 

The appointment of panchayat secretary should be done by the gram Sabha. His role should be limited to implementing the decisions of the gram Sabha. Gram sabhas should have complete 
control over him, which includes power to punish the secretary, stop his salary and if the need be power to suspend him from the post. 

Right to information by the gram sabhas

Problem:

There are many a decisions that are taken by the state and central governments that affect directly the lives of its citizens. 

Suggestions: 

Gram sabhas must get the right to seek information, from any of the government officials of the state that directly or indirectly affects his village. If the official fails to give the information then gram Sabha should have the power to imposed a fine of rupees twenty five thousand on this erring official. 

Direct control over policy formation and state assemblies

Problem: 

We are a democracy In India. Although we elect our representatives but we have no control over the representative between two successive elections spread over a period of five years. We have no control over the formulation of laws enacted by the state and central governments. It is being observed that in 
last many years the government is enacting such laws that are detrimental to the welfare of its citizens. Many laws are enacted to benefit both national and international business houses under the pressure of foreign governments. There is a need to put an effective control over it. 

Suggestions:

The people should have certain control over the process of formulating laws in the parliament. This control could be given in two ways. 

  • The role of citizens in enactment of new policies and laws If more than five percent of the gram sabhas moot a proposal to formulate a policy then the state government should forward the proposal to all gram sabhas. If more than fifty percent of the gram sabhas endorse the proposal then it is obligatory on the part of the state governments to enact the proposal into a law or a policy. In the same way the gram sabhas should have the power to partly or wholly reject or amend a law or a policy. They should also have the power to amend or cancel a scheme of the government. This way the citizens will initiate a new chapter in the process of reforms. These could be reforms in the police department or reforms related to judicial system, or enactment of powerful laws against corruption. This will usher in a new era of citizens participation in the government functioning. 
  • The opinion of the citizens in tabled proposals for formulating all laws and policies in the state assemblies and the parliament. As per the constitution, elected representative are the installed members in parliament and the legislative assemblies of states. In the same way block and district panchayat officials are the members of the panchayat. As per law they have not been given any work. A law should be enacted that a copy of all the proposals and bills that are tabled in the parliament ( besides the finance bill and no confidence motion) be brought to the district or block panchayat and distribute the same to the representatives of all gram sabhas and resident welfare associations in the cities. These laws or bills then should be discussed and dissected in the gram sabhas and the resident welfare associations in the cities. Only after receiving a consensus opinion they should put them up in the parliament for voting.