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.