amendment – Eduindex News

The term “Panchayati Raj” in India signifies the system of rural local self-government. It has been established in all the systems of India by the Acts of the state legislative to build democracy at the grass root level. It is ensured with rural development. It was constitutional through 73^rd Constitutional Amendment Act, 1992.

Ø A three-tier structure of Indian administration for rural development is called panchayati Raj. The aim of the panchayati Raj is to develop local self government in districts, zones and villages.

Ø Rural development is one of the main objectives of panchayati Raj and this has been established in all states of India except Nagaland, Meghalaya and Mizoram. In all union territories except Delhi and certain other areas. These areas include:-

a) The scheduled areas and the tribal areas in the states.

b) The hill area of Manipur for which a district council exists and

c) Darjeeling district of West Bengal for which Darjeeling Gorkha Hill council exists.

Evolution of Panchayati Raj

Ø The panchayati system in India is not purely a post-independence phenomenon. In fact, the dominant political institution in rural India has been the village panchayat for centuries. In ancient India, panchayat were usually elected councils with executive and judicial powers.

Ø The evolution of the Panchayati Raj system, however, got a trip after the attainment of independence after the drafting of the constitution. The constitution of India in Article 40 enjoined, The state shall take steps to organise village panchayats and endow them with such powers and authority as may be necessary to enable them to function as units of self-government.

Ø There were member of committees appointed by the government of India to study the implementation of self-government at the rural level and also recommend steps in achieving this goal.

Ø The committee appointed are as follows:-

a) Balwant Rai Mehta Committee

b) Ashok Mehta Committee

c) G V K Rao Committee

d) LM Singvi committee

A. Balwant Rai Mehta Committee and Panchayati Raj

The committee was appointed in 1957, to examine and suggest measures for better working of the community development programme and the national extensions services. The committee suggested the establishment of a democratic decentralised local government which came to be known as panchayati Raj.

Recommendations by the Committee

Ø Three tier panchayati raj system: Gram Panchayat, Panchayat Samiti and Zila Parishad.

Ø Directly elected representatives to constitute the gram panchayat and indirectly elected representative to constitute the panchyat samiti and zila parishad.

Ø Planning and development are the primary objectives of the panchayati raj system.

Ø Panchayat Samiti should be the executive body and zila parishad will act as the advisory and supervisory body.

Ø District collector to be made the chairman of the Zila Parishad

Ø It also requested for provisioning resources so as to help them discharge their duties and responsibilities.

v The Balwant Rai Mehta committee further revitalised the development of panchayati in the country, the report recommended that the panchayati raj institutions can play a substantial role in community development programmes throughout the country.

v The objectives of the panchyat, thus was the democratic decentralisation through the effective participation of locals with the help of well-planned programme. Even then prime minister of India, Pandit Jawaharlal Nehru, defended the panchyat system by saying, “authority and power to the panchayats”.

B. Ashok Mehta committee and Panchayati Raj

Ø The committee was appointed in 1977 to suggest measures to revive and strengthen the declining panchayati raj system in India.

The key recommendations are:-

Ø The three-tier system should be replaced with two-tier system: Zila parishad (District-level) and the mandal panchayat (a group of villages).

Ø District level as the first level of supervision after the state level.

Ø Zila Parishad should be the executive body and responsible for planning at district level.

Ø The institutions (zila parishad and the mandal panchayat) to have compulsory taxation powers to mobilise their own financial resources.

C. G V K Rao committee and Panchayati Raj

Ø The committee was appointed by the planning commission in 1985. It recognised that development was not seen at the grass root level due to bureaucratisation resulting in panchayat raj institutions being addressed as “grass without roots”. Hence, it made some key recommendations which were as follows:-

Ø Zila Parishad to be the most important body in the scheme of democratic decentralisation. Zila Parishad to be the principal body to manage the development programmes at the district level.

Ø The district and the lower levels of the panchayati raj system to be assigned with specific planning, implementation and monitoring of the rural development programmes.

Ø Post of district development commissioner to be created. He will be chief executive officer of the zila parishad.

Ø Elections to the levels of panchayati raj system should be held regularly.

D. L M Singhvi committee and panchayat raj

The committee was appointed by the government of India in 1986 with the main objective to recommend steps to revitalise the panchayati raj system for democracy and development. The following recommendations were made by the committee:-

1. The committee recommended that the panchayat raj system should be constitutionally recognised. It also recommends constitutional provisions to recognise free and fair election for the panchayati Raj system.

2. The committee recommended reorganization of villages to make the gram panchayat more viable.

3. It recommended that village panchayats should have more finances for their activities

4. Judicial tribunals to be set up in each state to adjudicate matters relating to the elections to the Panchayat Raj institutions and other matters relating to their functioning.

Ø All these things further the argument that panchayat can be very effective in identifying and solving local problems, involve the people in the villages in the development activities, improve the communication between different levels at which politics operate, develop leadership skills and in short help the basic development in the states without making too many structural changes. Rajasthan and Andhra Pradesh were the first to adopt panchayati raj in 1959, other states followed them later.

Ø The act is a very significant step in creating democratic institutions at the grassroots level in the country. Art has transformed representative democracy into participating democracy.

Salient features of 73^rd Constitutional Amendment Act , 1992

1. Gram sabha

2. Three-tier system

3. Election of members and chairperson

4. Reservation of seats :-

a) For SC and ST

b) For Women

c) The state legislatures are also given the provision to decide on the reservation of seats in any level of panchayat or office of chairperson in favour of backward classes.

5. Duration of panchayat

6. Disqualification

7. State election commission

8. Powers and functions

9. Finances

10. Finance commission

11. Audit of accounts

12. Application to union territories

13. Exempted state and areas

14. Continuance of existing law

15. Bar to interference by courts.

In India, the panchayati raj system is not a post-independence development. For decades, the village panchayat has been the most powerful political entity in rural India. Panchayats were elected councils in ancient India that had administrative and judicial authority. Panchayat Raj is a three-tiered administrative framework in India that focuses on rural development. The panchayati Raj is a system of local self-government that is used to build districts, zones and villages.

The unconstitutional amendment of Juvenile Justice Act, 2015 begins its contradictions from the initial provisions itself. The section 2(12) of the main Act states that a juvenile means a person who has not completed the age of 18 years and on the other side this amended version contradicts its own law as it states that children from 16-18 years of age can be tried as adult criminals. It also reflects how arbitrary it is on testified along with the tests under Art. 14.

The test of Intelligible differentia, another test under Art. 14, is found unreasonable too due to the logic and the reasons behind the Act. Firstly, it replaces the word juvenile with child in conflict with law which was supposedly more humane. But this very child in conflict with law is meant to be tried for adult offences and this inhumane idea is conceived by the Government. Furthermore, the terms child alleged to be in conflict with law and child found to be in conflict with the law are not defined clearly and are used interchangeably in the Act. It stands as a great flaw due to the general understanding of the evident difference between alleged to be and found to be.

In the second test, the nexus between the classification and the object is absent as the authorities have acted without following the procedure to unequal treatment. The object or the purpose of the Juvenile Justice Act is to provide care, protection and child friendly approach but the approach suddenly disappears towards the child between the ages of 16-18 years. The objective of Juvenile Justice Act is not being fulfilled as Juveniles are being treated as adult criminals and sent to the prison where they would be influenced to be more hardened criminals since the purpose of the Act is to protect the juvenile from committing further crimes and evidently not fulfilled with the amendment. Instead the government through this specific provision is giving a hand in converting the juveniles into hardened criminals unlikely of the main idea which stands to reform the juveniles so that they could be accepted into the society.

There is also a violation of fundamental right under Art. 21 as the rights of opportunity to be heard and right of fair trial are infringed. The right of the juvenile to be tried infront of the Children’s Court gets him infront of the Session court with the other hardened criminals and consequently, the degree of punishment is harsher.

Section 15 of the Act seeks to repeal and replace the existing Juvenile Justice Act, 2002 with a draconian and unconstitutional amendment which instead of providing care and protection to the children deems them as an adult in cases where the alleged commission of crime by them is heinous in nature. It seeks to punish the child in conflict with the law for the failure of the society at large in providing the child with adequate care and protection. Juveniles in conflict with the law are more capable of change given the fact that their brains are still learning. Honest efforts made towards rehabilitation — including visits by a mental health professional three-four times a month — will have a significant positive impact on them. Unfortunately, there is no psychiatric screening in Indian prisons. No mental health professional would meet the juvenile convicted in any case and would lead to its worser development, totally against the objective of the Act. Every child develops in different background factors and considering to bring most of them into a similar set would be unethical since their mental faculty would not be equal.

The provision does not necessarily decide on the child in respect to his psychological or social factors but only governs on his mental faculty while committing the crime. It is totally undermined by the government that the mental faculty actually develops through these factors. More often than not the children who are put into rehabilitation centres come through as a changed human being. Under the existing law of a child in conflict with law between the age of 16-18 years who were found to have committed an offence by Juvenile Justice Board, there was an arrangement of rehabilitation supposition that could be passed by the Board. This rehabilitation disposition includes admonition community service, imposition of fine, probation group counselling and an extreme measure of deprivation of liberty by way of placement of the child in the special home for three years. The same facilities however could take a drastic turn in for cases when they are handed over the sessions court.

There are many further circumstances under the Indian law a person under the age is not allowed to vote, is considered minor for entering into a contract, a girl of age less than eighteen years cannot give consent for sexual relationships, a child of age less than eighteen years cannot marry. Yet by the amended Act that child can be tried as an adult after a preliminary assessment, the child shall be presumed to have the knowledge and understanding of the alleged crime that he has committed. Such a scenario would be travesty of justice. The idea behind treating a certain age group as children is to protect the most vulnerable section of the society where the government would have analysed in such matters that they are not mature enough to deal with these things. It is unjust and against the well-established principle lex iniusta non est lex that states that unjust law is not a law.

Section 15 of Juvenile Justice Act, 2015 is hence against natural conscience, unjustified and unconstitutional to which we hope, no child falls as prey.