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Article 6.1 Local
Jurisdictions
Local
jurisdictions are generic whereas higher level jurisdictions are
often a product of mergers or acquisition through wars.
Traditionally, local jurisdictions were such that most people
had social and cultural ties and could traverse the jurisdiction
on horseback in a day or two. They also often constitute a small
watershed and are environmentally self-reliant.
The highest level of local government consisting of towns and
villages is called district or suba in India, county in many
western countries and municipality or such other names in
others. When a town becomes large, it becomes a city government
independent of the district government.
A local government is often further sub-divided into sub-local
and grassroots governments for taking governance closer to the
people. A district in India often divided as large sized tahsils
or taluks, shall be divided as janpad sub-district governments
of the scale of community development blocks coordinating
village governments. A large village or a cluster of small
villages constitutes the grassroots government. Traditional
jurisdictions of panchayats should be respected and not
forced to form larger units based on norms. City governments
can be divided into sub-city and neighbourhood governments. Non
residential areas such as commercial and industrial centres can
function as sub-city governments.
Article 6.11 Forced
absorption in cities
When cities
expanded in India, they forcibly took control over neighbouring
villages and small towns. Forced destruction of identity of
local communities is undemocratic. City government shall
negotiate with the village or town communities who may choose to
retain their identity as it is, or as a self governing unit
within the city or become a part of the city. Local entities,
especially heritage towns, forcibly absorbed in cities in the
past, can approach the concerned sovereign rights commission for
re-establishing their identities.
Article 6.2 Village
Governments
Village
governments and urban neighbourhoods are the most important
units in democratic governance since, being at the grassroots
level, the general assembly consisting of all adult men and
women is the supreme authority. They thus function as direct
democracy while governments at all other levels are mere
representative democracy. Since village governments control most
environmental resources such as land, water systems, forests and
minerals, they are pivotal since urban centres too are dependent
upon them for water and other urban needs.
Gandhi conceptualised democracy as a series of concentric
governments with the village at the centre. It conveys that
higher level governments assist and coordinate but do not impose
or interfere in village matters. Aurobindo Ghosh has, in his
writings, repeatedly drawn attention to and praised this
concept.
Article 6.21 Village
Parliament (gram sabha)
The village
parliament consisting of all adult men and women, that is,
registered voters in the jurisdiction shall be the supreme
authority controlling all village resources and decision-making.
All meetings of the village parliament will be in open assembly
in which outsiders can sit as observers. It will control all
village resources and decision-making. All environmental
resources including land, water systems, forests, minerals, and
financial resources including taxes, levies and charges, except
those devolved to higher level governments, shall be under the
control of village governments.
Forests, presently classified as forests reserved or protected
for management by state governments based on colonial practises,
and all other types of forests and wastelands appurtenant to the
village shall stand restored to village parliaments for
scientific management and meeting social needs.
The village parliament shall have power to make laws and rules
that promote values. For example, a village parliament can
legislate that no one can drink liquor and/or appear drunk on
streets, and if any one indulged in it, the women of the village
would give him appropriate punishment as per traditional
practice. Such a regulation would be an effective method of
dealing with a social ill having serious impact on family
welfare. The district and sub district councils of stakeholders
will promote such problem solving.
Article 6.22 Village
Council (gram panchayat)
The village
parliament will elect on year to year basis by secret ballot, a
sarpanch and panchs usually five but not necessarily, for
handling day to day work. It can remove them any time for
misconduct through simple majority vote in open assembly and
elect another. The secretary to the village government will be
the returning officer for the conduct of elections.
All meetings of the village parliament will be in open assembly
chaired by the sarpanch. Outsiders can sit in as observers. The
village parliament may also empower the gram panchayat or elect
another body to function as the village court and decide civil
and criminal cases in its jurisdiction in accordance with the
guidelines issued by the chief district judge.
Article 6.23 Village
governance
The villages shall
be governed through a village manual drafted by the sovereign
rights commission after consultations and approved through
referendum. The manual will provide for rules of business,
appointment by the village government of village officials such
as village secretary, village land officer, village chief of
police, village chief forester, village chief engineer, village
head teacher, and village chief medical officer. It will also
provide for empaneling consultants such as architect-planners,
lawyers and medical specialists. All appointments and
termination will require the approval of the village parliament.
The village officials will be under the administrative control
of the village government and professional coordination of the
concerned departmental head of the district government.
Article 6.3 District
and City Governments
Districts and
cities shall constitute the highest level of local governance.
Each district/city shall have a district/city parliament
consisting of two houses, a district/city assembly and a
district/city council of stakeholders. It will have elected
district/city governor and deputy governor and a head of
district judiciary called chief district/city judge. The
district/city bureaucracy will be locally accountable. The
district headquarters shall henceforth be called district
capitals.
Article 6.31 Control
over Resources and Functions
The district/city
government will control adequate resources to handle all local
matters such as administration of justice, police, education,
health-care, land, water systems, forests and minerals. It will
be accountable to the people of the district/city through
effective transparency laws covering the sovereign rights of the
people to information, consultation, participation and
referendum.
The district/city governments will ordinarily not be dependent
upon the state or national governments for support. All
environmental and financial resources shall be deemed to belong
to local governments. Based on the principles laid down in Part
7 of the Constitution dealing with Resource Management, a part
of the revenue from identified environmental resources and some
sources of taxation and/or share in tax revenue shall be
assigned to state and national governments. This is to enable
them to provide (1) higher level infrastructure, (2) support to
regions with inadequate resources, and (3) coordination, but not
interfere in local jurisdictions.
Article 6.32 District/City
Parliament
The district/city
parliament (zila sansad) shall consist of district/city assembly
(zila sabha) and a district/city council of stakeholders (zila
parishad). The district/city assembly shall consist of members
elected from constituencies as delineated from time to time. It
shall have a fixed term of four years. It will have legislative
powers on all matters other than those exclusively assigned to
state and national parliaments under Schedule A. It will approve
the budget, and, through its committees, perform various
watchdog functions in relation to the executive.
Article 6.33 District/City
Council of Stakeholders
The district/city council
(zila parishad) shall be a permanent body moderating
decision-making for sustainability. It will have representatives
of various interest groups such as disadvantaged communities,
farmers, labour unions, industry, women, professionals and NGOs,
nominated by their representative organisations through an
appropriate selection process. One-third of its members will
retire every year, and new members from the same category
renominated. The deputy district/city governor shall be the
president of the council and shall preside over its meeting.
Each State Sovereign Rights Commissions shall, through a
consultative process, determine the interest groups in a
jurisdiction, the number of seats that shall be assigned to each
and how the persons shall be nominated by the interest groups.
It shall also determine which one-third shall retire every year.
It shall give effect to the arrangement thus determined, and get
it ratified by the people through referendum held along with the
following election.
The district/city council will constitute committees for
resolving social, environmental, economic and political
conflicts. It will have the power to commission consultants to
review social and environmental projects and programmes and
return any bill or project proposal to the elected house for
reconsideration or with suggestions for modification. If after
reconsideration, the elected house approves the bill or project
with or without modification, it will become effective.
Article 6.34 Elected Chief
Executive and his Deputy
The district/city chief
executives called district/city governor (zila/nagar pal)
assisted by deputy district/city governor (up zila/nagar pal)
shall be elected as a team through direct election.
Article 6.35 Political
Appointments
The elected chief
executive may make political appointments of ministers, total
not exceeding 10, who shall not be legislators, for assisting
him in his work. All such appointments shall require approval by
a joint committee of the district/city assembly and council. If
the proposal is rejected, the chief executive shall have to
propose another person. Such appointments will terminate on
expiry of the term of the chief executive unless he gets
reelected.
Article 6.36 District and
city courts
Every district and city
shall have a district/city court. The local appointments
authority for independent functionaries shall select the chief
and other judges. A joint committee of the concerned assembly
and council shall approve their appointment. They shall draw
budget from the district/city government and will be impeachable
by the district/city parliament. They will thus be accountable
to the people of the district/city. For details see Part 8:
Judicial System.
Article 6.37 Departmental
Heads
The appointment of all
departmental heads including chief land manager, police chief,
public prosecutor, forest chief and/or secretaries to government
shall require the approval by a joint committee of the
district/city assembly and council as articulated in Part 10 on
"Appointed servants of the people". The departmental
heads will control the appointment, transfer and discipline of
their subordinates, thus protecting them from political
pressures and abuse. Such professional autonomy, along with
effective transparency mechanisms, will ensure that the
bureaucracy is directly accountable to the people.
Article 6.38 Watchdog
functions
The two houses will
perform watchdog functions over the executive through their
various committees. The committees will have the power to call
for any information from the political ministers and
professional departmental heads and also direct them to appear
for personal hearings. The report and recommendations of the
committees shall be made public.
Article 6.4 District
Planning
The village government
will, with the assistance of planning consultants appointed by
the district government, prepare draft village plans covering
socioeconomic, infrastructure and environmental resources
expressed in analytical, quantitative and spatial plans, that is
scientific regional planning. The district government will
arrange availability of satellite imagery maps to facilitate
such planning. The plans will provide, amongst other things, for
social development, infrastructure and scientific management of
the environmental resources. The village plans will be
consolidated and coordinated as draft subdistricts and draft
district plans, and finally consolidated and coordinated with
state level infrastructure and approved by the state government
as part of the state plans.
Article 6.5 Sub-District
Government
The present system of
tahsils or taluks for revenue administration and community
development blocks for development administration is irrational,
wasteful and counterproductive. Subdistricts governments
handling both administration and development, as link between
village and town governments with the district government will
be established at tahsil/taluk and block headquarters after
rationalisation to suit the local situation and approved through
district referendum.
Article 6.51: Large City
Governments
Large cities can have
city governments independent of a district government. They
shall coordinate with district governments through the planning
processes.
Article 6.52 Sub-city and
Neighbourhood Governments
If the residents of a
sub-town or a neighbourhood want it to be declared as a
self-governing unit, they can, through resolution, apply to the
city government for recognition. Upon such recognition, the
sub-town or neighbourhood will be entitled to share in the
property tax up to fifty per cent for managing specified
internal services. If the city government fails to grant
recognition within a reasonable time, the residents can approach
the sovereign rights commission for directing referendum on it.
Article 6.53 Metropolitan
Governance
Cities with population
exceeding 30 lakhs or so shall have metropolitan governments
handling metropolitan level infrastructure. They will be
delineated into appropriate number of municipalities with
population not exceeding 10 lakhs or so, each further subdivided
into sub-towns and neighbourhoods handling functions that they
can best handle.
Article 6.54 National
capital
The national capital has
today the most complex system of governance. The central, state
and local governments assisted by numerous authorities are all
involved in governing it. Such multiplicity of authorities has
led to wasteful expenditure, slowing down of decision-making and
harassment to citizens. Those who break the law can find their
way out through the mutually conflicting maze of authorities.
Such centralised governance, designed for colonial rule, is
counterproductive in democracy.
With effect from the coming into force of this Constitution, the
national government shall have no jurisdiction over the National
Capital Territory. Delhi will be restored its true name Dilli.
The Government of Dilli, headed by an elected state governor,
will handle metropolitan level infrastructure such as
electricity supply, water supply, sewerage, state level roads
and bus services. All zonal offices of Municipal Corporation
Delhi, New Delhi Municipal Committee and the Cantonment Board
shall be upgraded as independent municipalities, each headed by
an elected nagarpal or city governor and the rural areas made
into self-governing village panchayats, each controlling its
land and services.
Each municipality may be further delineated as self-governing
sub-towns (upnagar) for non-housing areas and neighbourhoods (mohalla)
for residential areas as desired by citizens. The entire
governance structure shall be developed by the Dilli State
Sovereign Rights Commission based on consultations with the
people of Dilli, and got approved by them through referendum.
Note:
Delhi has become an overgrown congested and polluted commercial
centre with heavy stress on services especially water supply and
electricity. The people of India may consider relocating the
national capital to a central location, possibly near Wardha —
the capital of the freedom struggle — through referendum. The
disinvestment of national government properties in Delhi will
finance the development of the new capital designed on human
scale and leave some surplus. The prevailing abuse of river
Jamuna, heritage sites and colonial properties, especially
housing, will also get resolved. The Rashtrapati Bhawan can be
converted into a Museum of Imperial Arrogance and the Parliament
building the Museum of National Blunders! In the new capital,
only one house for the chief executive, properly designed to
human scale, may be provided. Other state functionaries shall
live in own or rented accommodation like other citizens.
Article 6.6 Heritage Sites
National cultural and
natural heritage sites including national parks and sanctuaries,
howsoever important, falling exclusively within a district or
city shall be under the management of the district or city
government. Those falling in two or more districts/cities but
within a state shall be under the state government, and those
falling in two or more states shall be under the national
government.
Article 6.7 Creating new
states
Some proposals for
creating new states are presently under consideration. This
demand is primarily because state governments are controlling
local governance. Once autonomous local jurisdictions are
established, people may prefer no or minimal change in state
jurisdictions. In view of this, no changes shall be made in
state jurisdictions during 10 years of the promulgation of this
Constitution.
Article 6.8 Inculcating local societal values
Urban neighbourhood and village governments shall discourage
glorifying attitudes such as imbibing alcohol, smoking,
accumulating material goods and indulging in ostentatious
consumption, and social ills such as dowry and social
discrimination. They should nurture societal values such as
healthy sports and other activities, good reading, austere
habits, self-reliance, personal discipline, philanthropy,
creativity, respecting all life forms, shunning non-vegetarian
food and cruelty to animals, self enquiry and, above all
spirituality.
Non-vegetarian foods shall not be served in any government
function or in non-commercial organisations, such as cultural
clubs. Further, the law shall require that commercial
organisations, such as hotels and restaurants, do their pricing
such that the average price of non-vegetarian dishes is at least
thrice than that of vegetarian dishes. Prevailing practises such
as pricing banquetting at same rate irrespective of whether
vegetarian or non-vegetarian food is served, shall be illegal.
The grassroots parliaments, that is village or urban
neighbourhood, may relax or make more stringent, within their
jurisdiction regulations on social issues such as those
pertaining to partaking non-vegetarian food and alcohol, and
prescribe appropriate penalty for violations. Issues such as
imposing prohibition will be in the jurisdiction of local and
not state parliaments.
Article 6.9 Local governance manual
The state sovereign rights commissions shall, after
consultations, prepare model governance manuals for village,
town, district, city and metropolitan governments for their
states and get them approved through referendum. If people of
any local entity want local variations to suit their needs, they
can approach the sovereign rights commission for organising
referendum on it.
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