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Article 10.1 Management of
environmental resources
All resources,
financial and environmental, belong to the people, the sovereign
in democracy. The people first retain resources with local
governments adequate to handle all local matters. They then
devolve what they do not need at the local level to the state
and national governments for (1) providing higher level
infrastructure, (2) support to regions with inadequate
resources, and (3) coordination. This postulates devolution of
resources by the people upward and can be called the
"Principle of Superdiarity".
The "Principle of Subsidiarity" stipulates that a
function should be performed at the lowest level at which it can
be best performed. Thus if a tax can be most efficiently and
economically managed at the local level, it can be imposed at
the state or national level depending upon its impact but
assigned for management at the local level. The Constitution can
provide for sharing of tax collected by the governments at the
three levels depending upon their requirements.
The scheme in this Part has been developed on these principles.
Article 10.11 Local
control over environmental resources
All environmental
resources including land, soil, water systems, forests, minerals
and air shall, subject to the stipulations herein under, be
under the control and management of local governments.
Article 10.12
Control over village resources
The village
parliament or gram sabha shall control all land, forests and
local water systems within its jurisdiction including the land
presently classified reserved or protected forests but excluding
national reserves. The village parliament will assign land to
individuals, families or companies on lease for specific use
such as housing, agriculture, fodder, plantation, housing and
industry with appropriate stipulations and conditions. In case
of violation of any condition, the village parliament can
terminate the lease and/or impose such penalty, as it considers
appropriate. The village parliament will assist farming families
in distress due to failure of crops or any other reason.
The village parliament will notify the type and quantity of
forest produce for use of the community. It will scientifically
manage the forests in a sustainable manner, for optimal benefit
to society.
The village governments shall manage the natural resources under
the overall coordination and technical guidance of the district
government. The district and state governments will, through the
processes of regional planning and negotiations, coordinate the
sharing of water and other natural resources between the rural
settlements, urban centres and the requirements of industry.
Article 10.13 Urban
land management
Urban lands shall
be under the management of city governments. The state and
national governments shall have no jurisdiction over them. The
city governments will prepare land-use plans with the
participation of the people. While doing so, they shall
coordinate the urban plan with the regional plans.
City governments will review the development proposals received
from developers within the framework of city and regional plans,
and after considering the objections, grant or refuse
development approval.
City development shall be classified as (1) residential
neighbourhoods, (2) nonresidential centres, and (3) mixed
centres. After development, the land will be given on lease to
the neighbourhood, nonresidential centre, or mixed centre, and
subleased to individual owners. This will ensure proper
management of urban lands with community vigilance to prevent
misuse.
Article 10.14 Water
management
Local governments
shall be deemed to own all surface and ground water, subject to
limiting its use and sharing with other governments through the
processes of participative regional planning. The local
governments will optimise the availability of ground and surface
water and regulate its use and conservation for the benefit of
the community. The state governments will, through the processes
of participatory regional planning, coordinate the sharing of
water between urban and rural areas within the state. The
national government will coordinate sharing between states and
with neighbouring nations.
Article 10.15
Management of minerals
Often, local
governments bear the burden of damage to their land and
pollution from the processes of extraction of minerals, while
the state and national governments collect most of the revenue
accruing from them. This needs to be corrected
All minerals shall belong to local governments. They will manage
extraction of minerals exclusively within a local jurisdiction,
state governments shall manage extraction from mineral belts
cutting across local jurisdictions, and the national government
shall manage extraction from those cutting across states. The
revenues collected by them from royalty and other charges on
minerals, net of expenses, shall be shared equally by the
village, local, state and national governments.
Article 10.16 Air
quality and noise pollution
Monitoring and
regulating air quality and noise pollution shall ordinary be in
the jurisdiction of local governments. The state and national
governments will respectively monitor and regulate sources
affecting air quality and noise pollution in more than one local
jurisdiction or state.
Article 10.17
Sharing of revenue from natural resources
The local, state
and national governments shall share the revenues net of
expenses from natural resources as indicated below. The National
Bank of India will automatically credit the revenues as they
accrue to the respective governments.
|
Village
|
District
|
State
|
National
|
| Land |
80 per cent |
20 per cent |
|
|
| Forests |
80 per
cent |
20 per cent |
|
|
| Local water
systems |
80 per cent |
20 per cent |
|
|
| Major water
projects |
25 per cent |
25 per cent |
25 per cent |
25 per cent |
| Minor minerals |
100 per cent |
|
|
|
| Major minerals |
25
per cent |
25 per cent |
25 per cent |
25 per cent |
Note: The above
percentages are indicative and can be refined after fully
studying the implications.
Article 10.2 Management of
tax resources
The principles on which
jurisdiction to determine a tax, power to recover a tax, and the
sharing of net tax revenue, are outlined below:
1 A local,
state or national government shall have the power to determine
a tax depending upon whether its impact is local, state or
national.
2 A local,
state or national government shall have the power to recover a
tax depending upon which of them can do so most efficiently
and economically. For example, local governments can control
personal income tax and state governments, corporate income
tax.
A local and state government
shall retain share in taxes adequate to meet the local and state
needs. If the balance left with the national government is more
than the needs of national level infrastructure, the excess will
go in national reserves. If it is less, the national government
can borrow or resort
to deficit financing. Such deficit financing shall have to be
explained to the people who can question it. The Sovereign
Rights Commissions assisted by the National Bank of India shall,
based on the above principles, determine the jurisdictions for
imposing a tax, power to recover the taxes and sharing of the
taxes, and get it approved through referendum.
Article 10.21
State borrowing and disinvestment
During the past
50 years, the nation has indulged in indiscriminate state
borrowing and deficit financing in the name of
"development". Excessive overheads of a bloated
bureaucracy, misuse of authority, wastage of resources,
corruption and incomplete and delayed projects, have led to
depletion of the value of the Indian currency in relation to
global economy to approximately one-tenth during 50 years since
independence. The nation is now heavily burdened with loans and
has become heavily dependent upon foreign loans and direct
investments trying to cover its expenses, much less meet the
basic needs of the people. The financial base and health of the
nation has thus been badly eroded.
Strict financial
discipline is needed to make the nation self-reliant. The
Sovereign Rights Commissions in consultation with the National
Bank will ensure such disciple in areas such as:
1 All
recruitment in the national and state governments in matters
falling in local jurisdictions, except that needed for
coordination through regional planning, shall be totally
banned and incentives given to existing staff for taking early
retirement.
2 National and
state authorities on local matters such as state water boards,
state housing boards, and urban development authorities shall
be disbanded.
3 Complete and
incomplete projects that ought to be in local jurisdictions
shall be transferred to local governments and reappointment
offered to state government officials through a selection
process in local governments for managing these projects.
4 Vehicles for
administrative staff shall be drastically reduced, and
restrictions imposed on travel. All appointment of Class IV
employees shall be banned.
5 Building
government staff housing shall be totally banned and
disinvestment of existing staff housing initiated. Employees
should live in rented or own housing. Housing for elected
representatives should be similarly reviewed based on
practises in best democracies.
Article 10.22
Deficit financing
There has been
widespread financial indiscipline in the matter of deficit
financing by the national government and overdraft by state
governments for covering unproductive expenditure. The National
Bank of India being an independent constitutional authority
shall impose ceiling on deficit financing by the national
government and refuse overdraft to state governments except in
very unusual circumstances.
Article 10.23
Rupee revaluation
Mismanagement of
the economy during the past fifty years has led to fall in the
value of the India rupee by a factor of ten. Valued at Rs 3.50
to a US dollar at independence, it is today over Rs 40 to a US
dollar. Paise coins, even a rupee, now have hardly any value and
yet have to be minted.
In a globalising
economy, it will be desirable if national currencies are within
a factor of 10 to a US dollar. Small valued currencies such as
the Japanese yen are clumsy to handle. With a view to
rationalise currency management, ten Indian rupees shall be
replaced by one new rupee or naya rupiya. Management of the
economy hereafter should ensure that such humiliating reduction
in its value does not occur again.
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