Workshop on Panchayati Raj Subject Laws
There is much that remains to
be done to fulfill the constitutional obligation to prepare local area plans for economic development and social justice at all three tiers of the Panchayati Raj System and with the aim to formulate a concrete action plan an in depth discussion took place on the second day of the Workshop jointly organized by Rural Litigation and Entitlement Kendra and Ministry of Panchayati Raj, Government of India, at Dehradun.
“Special provisions are a necessity for tribal people who are the excluded and the unreached. This is the only Act which confers such huge powers on anybody for grassroots democracy”, stated Hon’ble Mr. Justice S.B. Sinha while presiding the first session on PESA.
The delegates deliberated covering various issues like “Panchayat (Extension to Scheduled Areas) Act, 1996 (PESA), “Positive Provisions,” and “Role and Functions of Gram Panchayat.” The speakers included Prof. A.S. Ramachandran, LBSNAA and Mr. Pradeep Prabhu, Lawyer & Human Rights Activist. There were three sessions in all, presided by Hon’ble Mr. Justice S.B. Sinha, Judge, Supreme Court, Hon’ble Mr. Justice Madan. B. Lokur, Judge, Delhi High Court and Hon’ble Justice Rajesh Tandon, Judge, Nainital High Court, followed by an interactive Open House discussion. Mr. Solil Paul, Vice Chairperson, RLEK, extended his vote of thanks to all the dignitaries present.
While speaking on Positive Provisions, Hon’ble Mr. Justice Madan. B. Lokur affirmed, “Today its high time to admit that we have failed in implementing all the provisions made under our Constitution and collectively make a time limit effort to implement them.”
The various thought provoking concerns were brought to light by the draft interim report of the “Study to review the Subject Laws which infringe upon the domain of the Panchayati Raj Institutions” prepared by RLEK. The study was conducted to identify analogous ‘parallel bodies’, which encroach upon the functions of Panchayats, and to avoid the inter-institutional conflict.
Avdhash Kaushal, Chairperson, RLEK, said, “Panchayati Raj Institutions are the persona of the real grass root democracy. It is the most important channel for popular participation in the development process, as they deal with the day-to-day affairs of the rural masses. Therefore we have to realize and decide as to what powers should be enshrined in panchayats”