Gram Sabhas should be supreme

The Problem: 

In the present system gram sabhas have been given very little power and the power that is given vests with the sarpanch or head of the panchayat. This association of people on village level has no control over the actions of sarpanch. In most of the laws enacted for gram sabhas, their role is limited to giving advice to the sarpanch. The sarpanch has the option of accepting or rejecting the advice. Therefore, people suck up to the sarpanch. This makes the sarpanch autocratic and corrupt. The people of gram sabha, in absence of any power to question his actions, stand by as helpless spectators. 

Since they are unable to take any action, the people of gram sabhas have distanced themselves from the day to day working of the gram sabhas. 

Law has not given any power to the people of gram Sabha to make amends if the sarpanch is taking wrong decisions or is indulging in corrupt practices. The district administrator however, has the right to take action against the sarpanch. Each district administrator has about one thousand village panchayats under him. District administrator is located in a city far away from villages. He has no clue to the functioning of sarpanch of a panchayat. When villagers make complaint against the sarpanch then in most cases no action is initiated against the sarpanch because the district administrator has no time for them. If the Sarpanch belongs to the ruling party or has affiliation with the local M.P., MLA or a leader then the administrator under their influence does not bother to initiate any inquiry. In this way no action is taken against the erring sarpanch. 

Since there are more than thousand villages under the administrator, he assigns the work of supervising the sarpanch to the block development officers (BDO) or some junior officials. These officials in turn indulge in extorting money from the sarpanch. If a sarpanch, who is honest, refuses to pay then the BDO’s and junior officers initiate inquiries of false cases against the sarpanch. The BDO’s and junior officials with the power vested in them to take action against the sarpanch, coerce the sarpanch to toe their line and make him part of the corrupt practices. This happens in connivance with the district collector who, either on his own volition or under the pressure of political masters blesses the actions of his junior officers. This platform of coercion is both used for siphoning off the government funds and to spread political influence of a party. “Do as directed” or an action will be taken against you becomes the rule for the sarpanch of a village 

Suggestion: 

The first step is to free this sarpanch from the clutches of the district administrator and make him accountable to the people directly. Our suggestions are as follows. 

• The gram Sabha should be given the power to take all decisions. Their decisions should be final and the role of sarpanch should be limited to implementing the decisions. 

• If a sarpanch is found to be indulging in embezzling funds or in criminal acts or in corrupt practices then the gram Sabha should have power to direct the police to register a first Information report (FIR) against the accused sarpanch. The progress report of the action taken against the sarpacnh should be placed before the gram Sabha on regular basis. 

• Unless, the gram Sabha specifically requests for an action against the sarpanch, the district administrator or any other officer should have no power to take any action against a sarpanch. 

• In case a sarpanch does not follow the wishes of the gram Sabha then gram Sabha should have the power to recall this sarpanch. If more than fifty percent people pass a vote of “No confidence” against the sarpanch and send it over to the election commission then the commission should verify the signatures within fifteen days. Within thirty days of verification of signatures a secret ballot should take place against the impeachment? If “No confidence” vote is won with majority then that sarpanch should be removed from his post and a new sarpanch should be installed with fresh mandate of the people. 

 

Recall of sarpanch is a sure shot formula that should be used as a last resort. There are several states where this right to recall has been bestowed on people of gram sabhas. Many villages in 

these states have used this power. Unfortunately there are no remedies for an in between situations. Either you have a sarpanch or you recall him. There are no provisions, where the people could direct him time to time and force him to take corrective actions. As soon as the process of removing a sarpanch starts, the wheels of local politics come into motion. This local politics is then supported by the realignment of politics on the state level that leads to a lot of 

undesirable corrupt practices. Because of this an honest debate becomes impossible on the proposed “No confidence motion”. 

 

We believe, if the gram sabhas get all kinds of power to take decisions of amendment, advice with which they could direct the sarpanch from time to time. Then it would not become necessary to remove the sarpanch. In such a case he will be an equal partner in the joint process of taking a decision at every stage. It is believed that there will be no need to use ultimate weapon “Recall”.