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Strengthening Gram Swaraj via Panchayats

By
Syskool
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Gram Panchayats

In order to assist Panchayat Raj Institutions in delivering Sustainable Development Goals the Government has proposed a new scheme, Rashtriya Gram Swaraj Abhiyan. Under this Abhiyan a major portion of the fund would be used for Panchayat Shasktikaran that is intended to train Panchayats representatives.

Announcing the scheme the Finance Minister had said, “A sum of Rs. 2.87 lakh crore will be given as grant-in-aid to Gram Panchayats and municipalities as per recommendations of the 14th Finance Commission”.

With this announcement ends the problem of scarcity of funds that has been cited as the biggest restraint for Panchayats in delivering their contemplated role as envisaged by our Constitution.

Must Read: Deen Dayal Upadhyaya Grameen Kausalya Yojna (DDU-GKY)

Gram Panchayats and CFC (Central Finance Commission)

After the 73rd and 74th Amendment of the Constitution, the States were directed to form State Finance Commission (SFC) to arrange resources for the Rural Local Bodies (RLB) and Urban Local Bodies within a year 1994. Most of the states have already established four SFCs.

According to the recommendation of the 14th CFC (Central Finance Commission) , the entire amount of grant allotted to Rural Local Bodies will go to Gram Panchayats only as they are directly responsible for the delivery of the basic services to the people. Prior to this arrangement, only 75% of the CFC’s grant was being allotted was shared by State (5%), Zila Parisad (10%) and Block Samitis (10%). Now, in this new arrangement of distribution of funds, the State Governments have to take care of Zila Parisad and Block Samitis from their own funds, making it crystal clear that Gram Panchayats are now going to get 25% more. This new arrangement further establishes that the budget 2016-17 and 14th CFC have displayed an obvious tilt towards the Gram Panchayat as far as the matter of fund allocation is concerned.

Also Read: Sansad Adarsh Gram Yojana (SAGY)

Distribution of the Grant

On the basis of a simple revised formula the grant, announced in the Budget, would be distributed among States and Gram Panchayats. According to the 14th CFC the money would be distributed to States by according 90% weightage to 2011 population and 10% weightage to the area.It has been left to the States to either follow the same formula to assign money to Gram Panchayats or follow the formula provided by State Finance Commission before 15th March 2016.

Read Also: Pradhan Mantri Gram Sadak Yojana (PMGSY)

Maintenance of Proper Records

After the formation of the CFC in 1994, almost all CFCs have now and then have come up with the issue of non-availability of reliable data; so with an intention to find a solution to this, somehow permanent, problem the 14th CFC has come up with the idea of providing 10 percent of total grant as ‘performance grant’.

However, to avail this ‘performance grant’ Gram Panchayats will have to fulfill certain conditions put forth by the 14th Finance Commission. These conditions are –

(i) Gram Panchayats would have to submit their annual audited accounts; and

(ii) they would have to make improvement in their own revenues.

One extra condition has been added particularly for the Urban Local Bodies under which they would have to publish benchmark of the basic service each year for public information.

The Factor in Release of Fund

As most of the Panchayats have, now and then, raised concern over delay in disbursement of funds from the States, the 14th CFC, with an intention to bring in and maintain efficiency in disbursal has directed that funds are to be released in two installments in the month of June and October during one financial year. The first installment includes 50% of the basic grant and the 2nd installment will include the remaining basic and performance grants.

Under the new arrangement of the CFC, it is the duty of the States to release grants to Panchayats within 15 days of fund being credited to their accounts by the Central Government. If a delay happens in the disbursement of the fund, the State concerned would have to disburse the amount with interest from its own resources. These distinct guidelines, most probably, are going to make sure the timely release of central grant in the definite months, enabling the Panchayats to plan and perform better.

Have a Look: The Panchayati Raj

Augmenting Panchayats’ Resources

Apart from the budget allotment, Panchayats, under the new arrangement, are permitted to levy property tax on buildings and vacant lands and collate tax on advertisements and entertainment activities such as cable television, internet cafes, boat ride etc. in order to meet the condition of ‘make improvement in their own revenues’. The Panchayats are also to collect non-tax revenue from ponds, orchards, minor mineral quarry, etc. in their area.

Training Sarpanchs: A Challenge

After the main problem of ‘Scarcity of funds’ were settled, cropped the next serious question related to the capacity of the Gram Panchayats in delivering the services efficiently by utilizing the funds in the best possible way.

There have been general complaints about. Sarpanches’ mis-utilization and non-prioritization of funds. This trend is the result of not only the tied funds but also of the lack of appropriate planning.

The role of Sarpanches, Gram Panchayat representatives, like that of MLA and MPs is advisory; however, in addition, they have to plan and execute themselves. So the first thing that is urgently required is their capacity building.

The Sarpanches should be trained to maintain the records of the funds received and their expenditure that would not difficult as now educated representatives are being elected in Panchayats.

Normally, and perhaps conventionally, for a block consisting of 100 villages there remains only one junior engineer. The Sarpanch has to constantly chase that engineer for the work. The junior engineer often takes months to pass the estimates and sometimes even seeks illicit payments. In the capacity building programme even the least educated Sarpanch should be trained to prepare the outline the commonly standardized works that Gram Panchayats undertake to avoid the dependency on one single junior engineer.

Must Read: Digital India (DI) Project : A Mission

Utilization of funds by Panchayats

As most of the Sarpanches operate from their homes in most of the villages, the functioning of the Panchayats certainly gets adversely affected. It has been found that the States with 100% Panchayat Ghar have recorded better functioning of their Gram Panchayats.

It is so, 14th CFC, in order to utilize the increased funds properly, has come up with the suggestion that Panchayat Ghar be designed as an all activity building consisting of general assembly hall for meeting of Gram Panchayat, SHGs (Self-Help Groups), farmers club, etc. It should also include separate rooms for Sarpanch, village library, bank, social gatherings, etc. within one frontier.

Don’t Miss: Skill India Mission (SIM)

India – Bangladesh Relations

By
Syskool
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1
Indo-Bangladesh-Relations
Indo-Bangladesh-Relations

India’s links with Bangladesh are civilizational, cultural, social and economic. There is much that unites the two countries – a shared history and common heritage, linguistic and cultural passion for music, literature and the arts. With Bangladesh, India shares not only a common history of struggle for freedom and liberation but also enduring feelings of both fraternal as well as familial ties.

Though India played the great role in emergence of Independent Bangladesh, was one of the first country to recognize Bangladesh as separate state. However, there are several main issues such as illegal migration, insurgency, border, water disputes, and dispute over issue of Moore Island etc. These have been major issues which are impacted on these two countries relations.

The Liberation War of 1971, Bangladesh gained its independence and established relations with India. The political relationship between India and Bangladesh has passed through cycles of hiccups. Relations have improved significantly since Bangladesh Prime Minister Sheikh Hasina’s state visit to India, which sought to revive Indo-Bangladesh relations in the emerging Asian economic order.

Deaths of Bangladeshi citizens in the Indo-Bangladesh border became one of the embarrassments between the two nation’s bilateral relations in recent years. The so-called ‘shoot-to-kill’ policy by the India’s Border Security Forces (BSF) that according to Human Rights Watch killed nearly 1,000 Bangladeshis between 2001 and 2011 has remained at the core of the talks between Bangladeshi and Indian officials visiting each other.

The Bangladeshi deaths caused by BSF shootings at the border became subject to a so-called cyber war between the hackers of the two countries that took the websites of BSF, National Informatics Centre and Trinamool Congress as victims. The government of Bangladesh was found to comment on the issue condemning the cyber-attacks on Indian websites.

The two countries signed a major accord on border demarcation to end the 4-decade old disputes over boundaries.This came to be known as the tin bigha corridor. India also granted 24-hour access to Bangladeshi citizens in the Tin Bigha Corridor.

From November 2013, Wagah Border like ceremony is being organised at Petrapole (in West Bengal, India) – Benapole (Bangladesh) border checkpoint.The ceremony which includes parades, march-past and lowering of the national flag of both the countries is now a daily routine, at sundown, on the eastern border. The relations between the countries are definitely moving in positive direction.

Heart wrenching letter of hanged Iranian woman to her mother

By
Syskool
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0

Without paying any attention to the plea from the whole world, Iran, on 22nd October hanged 26 years old Reyhaneh Jabbari to death for a crime of saving her own life and dignity by stabbed a man who allegedly tried to rape her.

Here is complete translated text of the letter she wrote to her mother Sholen prior to her death it is loaded with emotions. She calls her death – retribution.

Dear Sholeh, today I learned that it is now my turn to face Qisas [the law of retribution in the Iranian legal system]. I am hurt as to why you did not let me know yourself that I have reached the last page of the book of my life. Don’t you think that I should know? You know how ashamed I am that you are sad. Why did you not take the chance for me to kiss your hand and that of dad?

The world allowed me to live for 19 years. That ominous night it was I that should have been killed. My body would have been thrown in some corner of the city, and after a few days, the police would have taken you to the coroner’s office to identify my body and there you would also learn that I had been raped as well. The murderer would have never been found since we don’t have their wealth and their power. Then you would have continued your life suffering and ashamed, and a few years later you would have died of this suffering and that would have been that.

However, with that cursed blow the story changed. My body was not thrown aside, but into the grave of Evin Prison and its solitary wards, and now the grave-like prison of Shahr-e Ray. But give in to the fate and don’t complain. You know better that death is not the end of life.

You taught me that one comes to this world to gain an experience and learn a lesson and with each birth a responsibility is put on one’s shoulder. I learned that sometimes one has to fight. I do remember when you told me that the carriage man protested the man who was flogging me, but the flogger hit the lash on his head and face that ultimately led to his death. You told me that for creating a value one should persevere even if one dies.

You taught us that as we go to school one should be a lady in face of the quarrels and complaints. Do you remember how much you underlined the way we behave? Your experience was incorrect. When this incident happened, my teachings did not help me. Being presented in court made me appear as a cold-blooded murderer and a ruthless criminal. I shed no tears. I did not beg. I did not cry my head off since I trusted the law.

But I was charged with being indifferent in face of a crime. You see, I didn’t even kill the mosquitoes and I threw away the cockroaches by taking them by their antennas. Now I have become a premeditated murderer. My treatment of the animals was interpreted as being inclined to be a boy and the judge didn’t even trouble himself to look at the fact that at the time of the incident I had long and polished nails.

How optimistic was he who expected justice from the judges! He never questioned the fact that my hands are not coarse like those of a sportswoman, especially a boxer. And this country that you planted its love in me never wanted me and no one supported me when under the blows of the interrogator I was crying out and I was hearing the most vulgar terms. When I shed the last sign of beauty from myself by shaving my hair I was rewarded: 11 days in solitary.

Dear Sholeh, don’t cry for what you are hearing. On the first day that in the police office an old unmarried agent hurt me for my nails I understood that beauty is not looked for in this era. The beauty of looks, beauty of thoughts and wishes, a beautiful handwriting, beauty of the eyes and vision, and even beauty of a nice voice.

My dear mother, my ideology has changed and you are not responsible for it. My words are unending and I gave it all to someone so that when I am executed without your presence and knowledge, it would be given to you. I left you much handwritten material as my heritage.

However, before my death I want something from you, that you have to provide for me with all your might and in any way that you can. In fact this is the only thing I want from this world, this country and you. I know you need time for this.

Therefore, I am telling you part of my will sooner. Please don’t cry and listen. I want you to go to the court and tell them my request. I cannot write such a letter from inside the prison that would be approved by the head of prison; so once again you have to suffer because of me. It is the only thing that if even you beg for it I would not become upset although I have told you many times not to beg to save me from being executed.

My kind mother, dear Sholeh, the one more dear to me than my life, I don’t want to rot under the soil. I don’t want my eye or my young heart to turn into dust. Beg so that it is arranged that as soon as I am hanged my heart, kidney, eye, bones and anything that can be transplanted be taken away from my body and given to someone who needs them as a gift. I don’t want the recipient know my name, buy me a bouquet, or even pray for me.

I am telling you from the bottom of my heart that I don’t want to have a grave for you to come and mourn there and suffer. I don’t want you to wear black clothing for me. Do your best to forget my difficult days. Give me to the wind to take away.

The world did not love us. It did not want my fate. And now I am giving in to it and embrace the death. Because in the court of God I will charge the inspectors, I will charge inspector Shamlou, I will charge judge, and the judges of country’s Supreme Court that beat me up when I was awake and did not refrain from harassing me.

In the court of the creator I will charge Dr. Farvandi, I will charge Qassem Shabani and all those that out of ignorance or with their lies wronged me and trampled on my rights and didn’t pay heed to the fact that sometimes what appears as reality is different from it.

Dear soft-hearted Sholeh, in the other world it is you and me who are the accusers and others who are the accused. Let’s see what God wants. I wanted to embrace you until I die. I love you.

State Information Commission

By
Syskool
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0

The Right to Information Act, 2005, mentions that every State Government is to constitute a body to be known as the Information Commission to exercise the powers conferred on, and to perform the functions as-signed to it under the RTI Act.

Appointment

The State Chief Information Commissioner and the State Information Commissioners are to be appointed by the Governor on the recommendation of a committee consisting of –

Composition

  • The State Chief Information Commissioner.
  • The State Information Commissioners who should not be more than 10 number.
  • Headquarter of State Information Commission is to be at such place in the State which the State Government may specify or the State Information Commission may with the previous approval of the State Government establish offices at other places in state-
  1. The Chief Minister, who shall be the chairperson of the committee.
  2. The leader of Opposition in the Legislative Assembly.
  3. A Cabinet Minister to be nominated by the Chief Minister.

The State Chief Information Commissioner is to supervise and manage the affairs of the State Information Commission and is to be assisted by the State Information Commissioners.

Qualification and Terms of office and Conditions of service

  • The State Chief Information Commissioner and the State Information Commissioners are to be persons of eminence in public life with wide knowledge and experience in Law,
  • Science and Technology, Social Service, Management, Journalism, Mass Media or Administration and Governance.
  • The State Chief Information Commissioner or a State Information Commissioner are not to be a member of Parliament or member of State Legislative Assembly of any State or UT of hold any other office of profit or connected with any political party or carrying on any business or pursuing any profession.
  • The State Chief Information Commissioner and Information Commissioners are to hold office for five years or upto 65 years of age.
  • The State Chief Information Commissioner and State Information Commissioner are required to take oath before the Governor of the State.
  • The salaries and allowances payable to and other terms and conditions of service of the
  • State Chief Information Commissioner is to be same as that of an Election Commissioner and of the State Information Commissioners same as that of the Chief Secretary to the State Government.
  • The State Chief Information Commissioner or a State Information Commissioner may resign from his office by writing under his address to the Governor and can be removed from his office by the order of the Governor on the ground of proved misbehaviour or incapacity after the Supreme Court, on a reference made to it by the Governor has on inquiry, reported that the grounds are valid.

Powers and Functions of the Information Commissions

  • The Central Information Commission or State Information Commission are empowered to receive and inquire into a complaint from any person who could not get information from any public authority due to the reason of no appointment of PIO in that organisation.
  • If the made request by any person for Information has been turned down by the public authority.
  • If the information seeker could not get information within the time limit specified under RTI.
  • If the demanded fee by the public authority for providing information is unreasonably high.
  • If the information seeker thinks that he or she has been given incomplete, misleading or false information.
  • In respect of any other matter relating to requesting or obtainng access to records under this Act.
  • The Central Public Information Officer or the State Public Information Officer as the case may be is to be provided a reasonable opportunity of being heard before any penalty is imposed on him.
  • Burden of proving shall be upon the Information Officers.
  • No suit is to be laid against any person for anything done in good faith.
  • The provision of this Act are to have effect notwithstanding anything inconsistent therewith contained in the Official Secrets Act, 1923.
  • The Right to Information Act has been continously used by the active and aware member of Civil Society to expose corrupt practices in the administration and misappropriation of funds sanctioned for the execution of public welfare schemes.
  • Mrs. Aruna Roy, a social activist and winner of Magsaysay Award is actively associated with the task of popularising Right to Information Act among the common people of the country.
  • Arvind Kejriwal, won the Magaseysay Award for popularising Right to Information Act among the masses.

Fundamental Duties of Indian Citizen

By
Syskool
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3
Fundamental Duties of Indian Citizen
Originally, the Fundamental Duties of Indian Citizen were not provided in the Constitution. On the basis of the recommendations of Swarn Singh Committee, these duties were included in the Constitution under Article 51A of part IV by the 42nd Constitutional Amendment Act, 1976. Under these provisions, a citizen of India is expected to faithfully observe the following Fundamental Duties of Indian Citizen.
It shall be the duty of every citizen of India:
  1. To abide by the Constitution and respect its ideas and institutions, the National Flag and the National Anthem;
  2. To cherish and follow the noble ideals which inspired our national struggle for freedom;
  3. To uphold and protect the sovereignty, unity and integrity of India;
  4. To defend the country and render national service when called upon to do so;
  5. To promote harmony and spirit of common brotherhood among all the people of India, transcending religious, linguistic, regional or sectional diversities, to renounce practices derogatory to the dignity of women;
  6. To value and preserve the rich heritage of our composite culture;
  7. To protect and improve the natural environment including forests, lakes, river, and wildlife and to have compassion for living creatures;
  8. To develop the scientific temper, humanism, and spirit of inquiry and reform;
  9. To safeguard public property and to abjure violence;
  10. To strive towards excellence in all spheres of individual and collective activities so that the nation constantly rises to higher levels of endeavor and achievement;
  11. To provide opportunities for education to his child or, as the case may be, ward between age of 6 and  14 years;
The 11th point was adopted by 86th Constitutional Amendment Act, 2002.

The Fundamental Duties of Indian Citizen are inspired by the constitution of former Soviet Union. Since the Fundamental Duties of Indian Citizen are included in part IV of the constitution, these can not come into force automatically, neither can these duties be enforced by judicial process. The constitution, like directive principles of state policies, leaves to the goodwill of citizen to abide these provisions. According to the famous constitutional expert D D Basu, the constitution does not make any provision to enforce these duties automatically or any sanction to prevent the violation of these duties by the citizen. However, it is expected that if a law is enacted by the legislature to enforce these provisions, its shall not be declared unconstitutional on the ground of its inconsistency with the provisions of Article 14 and that of 19. According to him, these provisions would act as a warning to all those who does indulge in not paying due regard to the constitution and destroying public property. The supreme court may issue such warning to the citizen to take these provisions seriously. The legislature may also enact laws to enforce these duties. In fact, there are already many laws which directly or indirectly enforce these duties. For example, there is a law for the protection of public property as well as environment and animal species.

However, the Supreme Court, in the Surya Vs Union of India (1992) case, ruled that Fundamental Duties of Indian Citizen are not enforceable through judicial remedies by the court. In Vijoy Immanuel Vs State of Kerala (1987), the Supreme Court overruled the decision of Kerala High Court and decided that though to Constitution provides it to be the duty of the citizen to respect the National Anthem, it does not provide that singing of the National Anthem is part of such respect. Even a person, while standing during the singing of National Anthem (without himself singing it) can show respect to the National Anthem.
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