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A Model of New Constitution For India

Local self-Governments.
Home | Object of "A MODEL OF NEW CONSTITUTION FOR INDIA" | PREAMBLE | CITIZENSHIP | FUNDAMENTAL DUTIES AND RIGHTS | DIRECTIVE PRINCIPLES OF STATE POLICY | The Executive | Parliament | TARIFF COMMISSION OF BHARAT | State Legislatures | Local self-Governments. | Political parties | JUDICIARY AND ITS ANCILLARIES | LAW COMMISSION OF BHARAT | PRESS COUNCIL OF BHARAT | The Bureau of the Comptroller and Auditor-General of India | State Judicial Commissions | High Courts in the States | Subordinate Courts. | ELECTION COMMISSIONS OF BHARAT AND STATES | Miscellanious & Other provisions

PART-VIII

Local self-Governments.

159.    Definition.

In respect of the provisions under this Constitution, unless the context otherwise requires, “the Local Self Governments” includes (1) Regional Councils; (2) District Councils; (3) Tribe Advisory Council (4) (a) Municipal Corporations in the Metro and other Cities; and (b) Municipalities in any City or Town, (5) Zila Parishad, Panchayat Samity, Panchayats and Gram Panchayats and any part thereof. In one area there shall be no multiplicity of the Local Self-Governmental body, in respect of any business or functions of business.

 

160.    Local self-Governments.

(1)        There shall be a elected (1) village panchayats under control of panchayat samitees and under supervision of zila parisads, (2) nagrik samitees under control of nagar palikas, (3) nagrik samitees, under control of up-nagar samitees and under supervision of Municipal Corporations, as units of Local Self Governments at Village levels or Towns or Cities or Metro Cities and to decentralise the powers, authority and functions of the administration, to ensure that the real nerves of the powers shall vest with the people, Parliament shall make laws to regulate that-

(a) for more or less one thousand adult suffrages, there shall be one elected representative at one of the unit of local self-governments; 

(b) no person shall contest election for the same office for more than two terms;

(c ) any convicted person or having under charge sheet, or accused in any criminal case six months prior to date of nomination paper for any office of Local Self Government, shall not be eligible to contest election for any unit of local self governments;

 (d)       to ensure that-

     (i)    no person contesting election for any unit of local self-government shall get elected, unless he gets support of thirty percentage of votes enrolled in the voter list of the respective constituency or half of the total voting so far castes -whichever would be higher-, provided;

     (ii)   in case no candidate could able to muster necessary votes in the first voting, second voting shall held for three candidates having received highest votes, in first voting;

     (iii) even in second voting no candidate could able to get required number of votes, after relinquishment of the terms of percentage of votes, third and final voting shall held for two candidates having highest votes in second voting;

      (iv) if total number of candidates in first voting would be three or less, provision under sub-sub-clause (iii) shall not be applicable; and

      (v) if total number of candidates in first voting would be two, provision under sub-sub-clause (ii) and (iii) shall not be applicable.

(2) The Election Commission of Bharat, with the help of State Election Commissions shall supervise and see that elections of the local self-governments shall free and fare.

(3) That when any political party does not gives its one third tickets to women candidates, for any particular local self-government unit, all candidates of such political party shall be considered as independent candidates, for that particular unit.

(4) That law should be made by the Parliament in clear terms regarding the powers and authority of the each unit of local self-governments, and should ensure transparency in the affairs and activities of such units and to ensure the right to information and participation of the common man during the meetings of such units, just as visitors.

(5) Wherever law provides elections of the members of local self-governments under the banner of political parties, gram panchayats should not be empowered with the dispute redress powers.                                  

(6) Wherever in any local self-government unit, the population from any tribal constitutes thirty percentages or more of the total local population the office of Chairperson of such local self-government unit shall be from such tribles.  

 

161.  Constitution, powers, authority and functions of the Local self-governments.

(1)                 The Parliament shall make comprehensive necessary Law in respect of the constitution, powers and authority and functions of the Local self-governments.

(2) Any State can amend such law; inconsistent with the provisions provided under this part of the Constitution. Any amendment in such law shall be applicable only after assent from the President.

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TRUTH SHALL PREVAIL