(01) |
There shall be 5 types of legislative lists namely (a) Village List i.e. GRAM SUCHI (b) District List i.e. JILLA SUCHI (c) State List i.e. RAJYA SUCHI (d) Union List i.e. KENDRA SUCHI (e) Justice List i.e. NYAY SUCHI. (already described above). |
(02) |
Village List will be the concurrent list for Gram Sabha and district Panchayat. |
(03) |
District List will be concurrent list for District Panchayat and state legislative assembly. |
(04) |
State List will be concurrent list for state legislative assembly and Lok Sabha. |
(05) |
Union List will be only for Lok Sabha. |
(06) |
Union List will be only for Lok Sabha. |
(07) |
In any conflict of laws made by two different legislative authorities, the law passed by lower authority will prevail over. |
Illustrations :- |
1. |
On any particular subject, if law is passed by Gram Sabha also and district panchayat also on the same subject, the law of Gram Sabha will prevail over in that village. |
2. |
If law is passed by District Panchayat and State Legislative Assembly on the same subject, the law of District Panchayat will prevail over in that district. |
(08) |
District panchayat can delegate any or all legislative powers to Taluka panchayats. |
(09) |
District panchayat can delegate any or all legislative powers to any or all Municipalities. |
(10) |
State Government can delegate any or all legislative powers to any or all Municipal Corporations. |
(11) |
Legislative powers of village are applicable to Municipalities. |
(12) |
Legislative powers of district are applicable to Municipal Corporations. |
All the decisions can be taken in the village itself only if village has all the necessary powers to take the decision in every matter. All the powers to the village can only be had only if constitutional provisions are made to give powers to the villages. Hence, there is a provision in the preceding paragraph for the Village List to be introduced in the constitution which encompasses almost all the subjects related to the village so that almost all the powers to make the laws or to delete the laws for any of the subjects mentioned in the Village List. So once any subject is included in the Village List, the Gram Sabha has almost sovereign powers to make the law or delete the law or change the law as per the wishes of the village. Now we have seen that education is the subject which appears in the Village List. So Gram Sabha can make every type of decision or law relating to education. So Gram Sabha will be the final authority to take decision about what to teach, what not to teach, what will be the curriculum, what will be the subjects, to delete the subject, to include the subject, what will be timings of the school, when will be holidays, when will be the vacation, when to take examination, whether to take or not to take examination, how many teachers to employ, whom to employ, whom to discharge, how much salary to pay, what facility to provide to teachers and all such decisions related to education. If this happens clever and honest hard working teachers will have very high value because many villages will have competition to drag good teachers in their village at any cost by paying any high salary and by giving all the facilities to such teachers. So really deserving teachers can demand and get any high salary. But lazy and dull teachers will be naturally ousted. |
Similarly, "security of life and property" is the subject included in the Village List. So Gram Sabha will have absolute full powers to make any type of law or to cancel the law, to make every type of rules and to implement it relating to security of life and property. So Gram Sabha will have full authority to decide whom to allot revolvers and defence arms, from whom to snatch away such arms, whom to appoint as policemen, whom to discharge from the duty, whom to held responsible if theft or offence occurs etc etc. So naturally entire village will be completely fearless. No any outsider police officer can intervene in the village. If any offence occurs policemen responsible for security of the village will have to find out the culprit and Nyay Samiti of the village can punish him at their discretion, they can send the offender to the jail also. No any outsider police or court can intervene. If the offender feels that he is punished wrongly, he can appeal to the Taluka Nyay Samiti. So the empire of present day untruth and injustice will remain no more and truth and justice will prevail over everywhere. |
In giving such constitutional sovereign powers to the villages, some people doubt and apprehend that Gunda elements will occupy the main positions in the villages and innocent villagers will be harassed by them. But it is not possible at all. Because Gram Sabha has the sovereign authority. Powers are not vested in Sarpanch but in Gram Sabha. Sarpanch can be removed at any moment. Gram Sabha has full powers to make any type of law or to amend it or to modify it. So surpanch will not be for any specific period of two years or four years etc. He will be simply until the pleasure of the Gram Sabha. Once he looses the confidence of the Gram Sabha, he can be removed instantly. Moreover, if surpanch misuses his position or powers, the Nyay Samiti of that village can punish him immediately. District administration will have no powers to interfere in the matter of villages. So Gram Sabha will dispose of their own matters. District administration can interfere in the village only if Gram Sabha demands to do so. When village administration works in the interest of village and to the entire satisfaction of the village, such demand is not possible. When Gram Sabha has full powers to act as per their discretion and when there is a provision to remove Sarpanch on the spot, Gunda elements can not remain in power by supressing the entire village. At present it is possible for Gunda elements to supress the entire village and to enjoy the position in the village, only because village has no any independent powers. But police administration and courts have all the powers. So Gunda elements by deriving the co-operation of such implied external authority from police and court, occupy and rule over the village. If Gram Sabha has absolute authority, they can kill any such Gunda and by adopting in the resolution in Gram Sabha, they can validate such action of killing the Gunda. No doubt there will be provisions not to make injustice to innocent persons. |