EDU: 09 THEORETICAL BASE OF SOCIAL SCIENCE EDUCATION 2

ASSIGNMENT



TOPIC : LOCAL SELF GOVERNMENT INSTITUTION , GRAMA SABHA ,
LEGISLATIVE ASSEMBLY




SUBMITTED TO SUBMITTED BY
SUJATH C S RAMSYMOL.S.R
LECTURERE IN SOCIAL SCIENCE SOCIAL SCIENCE
MITE, CHAVARCODE Reg No: 13389007
MITE, CHAVARCODE




INTRODUCTION

Local self-government is a form of public administration which in a majority of
contest exits as the lowest tier of administration with in a given state. The term is
used to contrast with officers at state level, which are referred to as the central
government, national government or federal government and also to super national
government which deals with governing institution between states. Local
government generally acts with in powers delegated to them by legislation or
directives of the higher level of the government. In federal states, local government
generally comprises the third tier of government, whereas in unitary states, local
government usually occupies the second or third tier of government often with
greater powers than higher level administrative divisions
Kerala is a tiny state in the southernmost part of India. Kerala, with
appreciative development indicators comparable to developed countries,
has been experimenting with decentralization and participatory local
democracy, ultimately aimed at realization of the constitutional goal of
establishing genuine "institutions of local self-government" since the
enactment of Kerala Panchayat Raj Act & The Kerala Municipality Act in
the year 1994.
The acts laid the provision of a three tier system of Panchayat for the first
time in the village, block and district level in the rural areas and one tier
system of urban local government such as Municipality in the less
urbanized areas or Municipal Corporation in the more urbanized areas.
Local governments were vested with the powers and responsibilities of
economic development and social justice in their respective
areas.Panchayats and the Municipalities altogether constitute the Local
Government System of Kerala state in the Indian federal system

The President of the Panchayat Raj Institutions(PRIs) has been declared
as the executive authority. The senior most officials of various departments
brought under the control of the Panchayat Raj Institutions have been
declared as ex-officio Secretaries for that subject. The Panchayats have full
administrative control including powers of disciplinary action over its own
staff as well as staff transferred to it. To encourage a healthy relationship
between officials and elected Members, the Act prescribes a code of
conduct that lays down principles of polite behavior, respect for elected
authorities, and protection of the freedom of the civil servant to render
advice freely and fearlessly. All these features are there in the Kerala
Municipality Act as well.
The Kerala Panchayat Raj Act and Kerala Municipalities Act 1994 were
thoroughly restructured in 1999 and several innovative features laying
strong legal foundation for evolving genuine institutions of Local Self
Government were built in.

The seventy third and seventy
forthConst i t ut i onal Amendment s, enact ed i n 1993 f or devol vi nggo
vernance down to the local governments and for widening and deepening
democracy at the grassrootslevel, was instrumental in the emergence of
Grama Sabha (GS) in each Grama Panchayat and WardSabha (WS) in every
Municipality in Kerala. The creation of GS/WS was lauded as a solemn step to
makedemocracy direct to the extent possible at the tier of governance remaining
closest to the people. In theGSs/WSs the elected representatives and government
officials need to attend and remain accountable tothe voters directly.No doubt,
GS/WS is a vital conceptual component of the local government
whichprovided a constitutional platform for the local people to engage in local
governance and development.GS/WS makes democracy direct in its elementary
form

The Kerala Legislative Assembly, popularly known as
the Niyamasabha ( literally Hall of laws), is the law making body of Kerala, one
of the 29 States in India. The Assembly is formed by 140 elected representatives
and one nominated member from the Anglo-Indian community. Each elected
member represents one of the 140 constituencies within the borders of Kerala and
is referred to as Member of Legislative Assembly (MLA).




Content

Kerala, the tiny state lying in the south-west part of India, has a long
tradition of local governance. Before independence the three different
regions in Kerala had been under different administrative systems.
The northern region, reaching up to the present day district
of Thrissur constituted the Malabar district of Madras Presidency. The
evolution of local bodies in northern Kerala was determined by legislation in
the Madras Presidency, which run parallel to Bengal. The central and the
southern Kerala had not been under direct British rule. There existed two
princely states, the State of Travancore in the southern part and the State
of Cochin in the central region. In 1956 after the state reorganisation, the
modem State of Kerala came into existence. In 1960 a uniform system of
local governments was established covering the three regions as a
consequence of the enactment of the Kerala Panchayat Act and the Kerala
Municipality Act.
In Madras province, as in the rest of British India, local self-governments
were essentially urban in origin. The recommendations of the Royal Army
Sanitary Commission aiming at establishing the civic requirements worked
as an important factor that contributed to enactment of the Madras Towns
Improvement Act of 1865. Within two years, under the provisions of the Act.
municipalities were established in the major urban centres of Malabar
at Calicut. Kannur, Tellicheri. and Palakkad and at Fort Cochin. The Fort
Cochin was an enclave which was directly governed by the British in
central Kerala. Those municipalities were having nominated councils
dominated by the bureaucracy . The Town Improvement Act of 1871
provided for election of a section of the councillors by the taxpayers, and
for having an elected vice-president for the council. Following the much
talked Rippon Resolution, the Madras Municipal Act of 1884 was passed
which increased the number of elected councillors to three-fourths of the
total. The election of the Chairman of the Council will be from among the
members. The Act widened the taxation powers and functions of the
municipalities. The district collector continued to enjoy extensive
discretionary powers. The subsequent amendments in the law in 1920 and
1930, both the element of democratic processes and the functions of
municipalities were enhanced. The local self-governance in Malabar area
was confined to the Malabar District Board, which had its origin in the Local
Fund Circle, with a nominated local board under the president-ship of the
collector constituted under the Local Funds Act of Madras 1871. Local
boards which managed the local funds had to attend to construction and
maintenance of roads and other ways of transport, hospitals and schools,
drainage, water supply, and other local works. The Madras Local Boards
Act of 1884 introduced the three-tier structure and the provision for elected
representation. A revenue village or group of villages constituted the lowest
unit, called Union. Above the Unions, there were the taluk boards and at
the district level there was the district board. The expenses for them were
met from taxes on land, houses, carts, and animals.

Rural local governance
After the First World war, the rural local bodies took firm roots. In 1920 the
Madras Village Panchayat Act and the Madras Local Boards Act were
passed. Initially, the taluk boardswere presided over by a revenue officer of
the division and the District Board by the collector. From 1930. the Malabar
District Board became an elected body with an elected president; the first
president of which was a local landlord. The district board later became a
focal point of nationalist activities and was captured by Indian National
Congress in 1934. In the next election, the leftists also gained a significant
presence, and in 1954 a clear majority in them. The Taluk Boards were
later abolished and the District Boards were created. After independence,
the Madras Village Punchayat Act of 1950 considerably enhanced the
powers of the local governments. A pancHayat was constituted in every
village with a population of not less than 500 and reservations were
introduced for inclusion of Scheduled Castes and Tribes. The Act provided
for direct election for the office of the president. The number of members of
panchayts varied according to the population of the panchayat. The
panchayals were divided into class I and class II based on population. The
panchayats were entrusted with a variety of functions, some of which were
categorised as obligatory functions and others as voluntary functions. The
obligatory functions were construction and maintenance of public roads,
public lighting, drainage, sanitation, drinking water, and preventive health
measures. The voluntary functions were fairly large and related to
education and health. The panchayats also had certain amount of limited
judicial pow-ers. The main sources of revenue were taxes on buildings,
profession, vehicles, and entertainment. They were also entitled to 10
grants, albeit limited, from the government. The last elections to the
panchayats and local boards were held in 1954 in which there was clear
majority for the left parties. The nationalist and leftist presence in the district
board was a significant influence in shaping its activities. The Malabar
District Board made monumental contribution to the spread of education in
Malabar


Ombudsman for Local Governments in the Indian state of Kerala is an
independent quasi judicial authority which investigates the complaints
against local governments in Kerala or the functionaries working under
them. The Ombudsman is functioning at the State level with its
headquarters in the State Capital. Possibly no other State in India has such
an institution to oversee the functioning of Local Self Government
Institutions. A former judge of a High Court can be appointed as
Ombudsman.Local Government Ombudsman in Kerala has been modelled
in the pattern of Local Government Ombudsman, United Kingdom.But it
has been endowed with the powers of punishment.
Ombudsman is a Swedish word, which means citizen's defender It is
essentially a Scandinavian institution through which administrative actions
are overseen by an independent authority to contain abuse of discretion,
mal-administration etc


Ombudsman is an authority constituted for Local Self Government
Institutions a the State level for conducting investigations and enquiries in
respect of any action involving corruption or mal administration or
irregularities in the discharge of administrative function:by Local Self
Government Institutions or by an employee or an officer working under tlu
Local Self Government Institutions or by an employee or an officer working
in any office or institution transferred to such Local Self Government
Institutions or by elected member of the Local Self Government Institution
including its President or Chairperson and [o.the disposal of such
complaints in accordance with the provisions of the Act. As per section 271
G of Kerala Panchayat Raj Act (/3 of 1994) Government of Kerala
constituted the Ombudsman with effect from 29-5-2000. (S.R.O. No.
4412000. dt. 29-5-2000).Functions of the Ombudsman.- (1) The
Ombudsman shall perform all or any of the following functions, namely:-
(i) Investigate into any allegation contained in a complaint or on a reference
from
Government, or that has come to the notice of the Ombudsman;
(ii) Enquire into any complaint in which corruption or maladministration of a
public
servant or a Local Self Government Institution is alleged;
(iii) Pass an order on the allegation in the following manner, namely:-
(a) Where the irregularity involves a criminal offence committed by a public
servant, the
matter shall be referred to the appropriate authority for investigation.
(b) Where the irregularity causes loss or inconvenience to a citizen, direct
the Local self
Government Institution to give him compensation and to reimburse the loss
from the person
responsible for the irregularity;
(c) Where the irregularity involves loss or waste or misuse of the fund of the
Local Self
Government Institution, realise such loss from those who are responsible
for such irregularity

3. Grama Sabha. (1) For the purpose of this chapter, each constituency of
village
panchayat may be specified as a village under clause (g) of article 243.
(2) All persons whose names are included in the electoral rolls relating to a
village
comprised within the area of a village panchayat shall be deemed to be
constituted
as Grama Sabha of such village.
3Grama Sabha shall meet at least once in three months at the place fixed
by the
Village Panchayat and to such meetings, the convenor of the Village
Panchayat
shall, compulsorily invite the member of the Block Panchayat, the District
Panchayat and the Legislative Assembly representing the area of the
Grama Sabha.
Provided that the Convenor shall, on a request in writing made by not less
than ten per
cent of the members of any Grama Sabha, convene a special meeting of
the Grama Sabha
within fifteen days with the agenda given along with the request.
Provided further that such special meeting shall be convened only once
within the period
between two general meetings]
(4) The member of a village panchayat representing the constituency
comprised in the
area of a village shall be the convenor of that Grama Sabha; however due
to any
reason, physical or otherwise, the convenor is unable to perform his
functions as such,
the President may appoint a member representing any adjacent
constituency as the
convenor.
(5) Every meeting of the Grama Sabha shall be presided over by the
President of the
village panchayat or in his absence the vice-president or in the absence of
both of
them by the convenor of Grama Sabhas.
(6) The village panchayat shall place before the Grama Sabha a report
relating to the
developmental programmes relating to the constituency during the previous
year and
these that are proposed to by undertaken during the current year, and the
expenditure
therefore, the annual statement of accounts and the administration report of
the
preceding year. If in any circumstances, any decision of the grama sabha
could not
be implemented, the president shall report the reason therefore, before the
Grama
Sabha.
(7) The village panchayats, the block panchayats and the district
panchayats shall give
due consideration to the recommendations and suggestions, if any, of the
Grama
Sabha.
Grama Sabha. (1) For the purpose of this chapter, each constituency of
villagepanchayat may be specified as a village under clause (g) of article
243.All persons whose names are included in the electoral rolls relating to
a villagecomprised within the area of a village panchayat shall be deemed
to be constituted as Grama Sabha of such village.Grama Sabha shall meet
at least once in three months at the place fixed by theVillage Panchayat
and to such meetings, the convenor of the Village Panchayatshall,
compulsorily invite the member of the Block Panchayat, the
DistrictPanchayat and the Legislative Assembly representing the area of
the Grama Sabha.Provided that the Convenor shall, on a request in writing
made by not less than ten percent of the members of any Grama Sabha,
convene a special meeting of the Grama Sabha within fifteen days with the
agenda given along with the request.Provided further that such special
meeting shall be convened only once within the period between two
general meetings]The member of a village panchayat representing the
constituency comprised in thearea of a village shall be the convenor of that
Grama Sabha; however due to anyreason, physical or otherwise, the
convenor is unable to perform his functions as such, the President may
appoint a member representing any adjacent constituency as
theconvenor.Every meeting of the Grama Sabha shall be presided over by
the President of thevillage panchayat or in his absence the vice-president
or in the absence of both ofthem by the convenor of Grama Sabhas.The
village panchayat shall place before the Grama Sabha a report relating to
thedevelopmental programmes relating to the constituency during the
previous year and these that are proposed to by undertaken during the
current year, and the expenditure therefore, the annual statement of
accounts and the administration report of thepreceding year. If in any
circumstances, any decision of the grama sabha could notbe implemented,
the president shall report the reason therefore, before the
GramaSabha.The village panchayats, the block panchayats and the district
panchayats shall givedue consideration to the recommendations and
suggestions, if any, of the GramaSabha.


Powers, function and rights of the Grama Sabha.
(1) Grama Sabha shall, insuch manner and subject to such procedure, as
may be prescribed, perform the following powers and functions, namely: -
(a) to render assistance in the collection and compilation of details required
toformulate development plans of the panchayat;
(b) to formulate the proposals and fixing of priority of schemes and
developmentprogrammes to be implemented in the area of Village
Panchayat;
(c) to prepare and submit to the Village Panchayat a final list of
eligiblebeneficiaries in the order of priority relating to the beneficiary
orientedschemes on the basic of the criteria fixed;
(d) to render assistance to implement effectively the development
schemesbyproviding facilities locally required;
(e) to provide and mobilise voluntary service and contribution in cash or in
kindnecessary for the development plans;
(f) suggesting the location of street lights, street or community water taps,
public wells, public sanitation units, irrigation facilities and such other public
utilityschemes
(g) to formulate schemes to impart awareness on matters of public interest
likecleanliness, environmental protection, pollution control and to give
protection against social evils like corruption, illicit and clandestine
transactions;
(h) to make available details regarding the services to the rendered and
theactivities proposed to be done by the concerned officials in the
succeedingthree months;
(i) to know the rationale behind every decision taken by the panchayat
regarding the area of the Grama Sabha

kerala legislative assembly

The evolution of Kerala Legislative Assembly begins with the formation of a
Legislative Council in the princely state of Travancore in 1888. This was the first
Native Legislature in Indian sub continent, outside British India. The Legislative
Council of Travancore had undergone many changes by years. By the meantime
people's participation in the Assembly was widely sought. All those efforts led to
the formation of one more representative body, namely the Sri Moolam Popular
Assembly of Travancore. This Assembly of the representatives of the landholders
and merchants, aimed at giving the people an opportunity of bringing to the notice
of Government their requirements, wishes or grievances on the one hand, and on
the other, to make the policy and measures of Government better known to the
people so that all possible grounds of misconception may be removed. That was on
1 October 1904. Though the popular assembly contained representatives of tax-
payers, it finally became a people's representatives body. Political awareness and
people agitations were aggressive and the authorities were forced to include
peoples representatives into the popular assembly. On 1 May 1905, a regulation
was issued to grant to the people the privilege of electing members to the
Assembly. Of the 100 members, 77 were to be elected and 23 nominated, for a
tenure of 1 year. The right to vote was given to persons who paid on their account
an annual land revenue of not less than Rs. 50 or whose net income was not less
than Rs. 2000 and to graduates of a recognised University, with not less than 10
years standing and having their residence in the taluk. The membership of the
popular assembly increased year by year and finally in 1921 elected representatives
gained the majority. By that time the house had 50 members of which 28 were
elected and the rest nominated. By this time the princely stated of Cochin also
formed a Legislative Council (1925), with 30 elected and 15 nominated
representatives. Malabar District of Madras Province under the British rule, had
representatives inMadras Legislative Assembly from 1920's.
After India's independence responsible governments were formed in Travancore
and Cochin. In 1949 the merger of Travancore and Cochin as Travancore-Cochin,
formed the first Legislative Assembly, the Travancore-Cochin Legislative
Assembly composed of 178 members of the Legislative bodies of Travancore and
Cochin. The Malabar region had representatives in the Madras Legislative
Assembly.
Assembly after the formation of the kerala
In 1956, the State of Kerala was formed on linguistic basis, merging Travancore,
Cochin and Malabar regions. The first general election in the Kerala State was held
in FebruaryMarch 1957. The first Kerala Legislative Assembly was formed on 5
April 1957. The Assembly had 127 members including a nominated member.
Subsequently after formation of Malappuram and Kasargod districts, the number of
seats went up to 140. The current delimitation committee of 2010 reaffirmed the
total number of seats at 140

Current assembly
The current Legislature assembly is the 13th Assembly, since formation of
Kerala. Shri G. Karthikeyan is the Speaker and Shri N Sakhthan is the
Deputy Speaker. The leader of the Assembly is Oommen Chandy, who is
also Congress Legislative Party leader, whereas V.S. Achuthanandan is
the Leader of the opposition.















Conclusion
The 73rd amendment to the Constitution makes local government
autonomous institutions. The enactment of the Kerala Panchayat Raj Act
1994 is a landmark in the history of local self governments in Kerala. Under
the people's plan campaign, about 35 to 40% of the states plan for the
development schemes and programmes was formulated and implemented
by local bodies. In spite of all these Panchayats have not attained a solid
fiscal base for their autonomy. The taxation powers are not fully exercised
and other sources of revenue are not fully tapped by Gram Panchayats.
The financial assistance in the form of grant-in-aid from the state
government has been substantial in recent years. An important dimension
other than the rate of participation to be reckoned is the trend of
participation over the years, which reveals whether people show increased
or decreased interest towards the grama sabha. Equally important is to
know whether participation is inclusive or not. Therefore, the participation of
the marginalised sections of the society, especially that of the scheduled
caste and scheduled tribe population and women is important. The
popularity for participatory development is due to the shortcomings of past
development strategies, which did not make much difference in the lives of
large segments of the population especially the poor, women, tribes and
the scheduled caste population. Participatory approach is expected to
reorient development in favour of the vulnerable sections of the society
(Mathur 1995). The participation rates of the scheduled castes and women
are important indicators of the 'inclusiveness'. It is also interesting to
examine whether the political affiliation of the ruling party in the panchayat
has any relation in terms of performance in participation
The legislature comprises the governor and the legislative assembly, which is the
highest political organ in state. The governor has the power to summon the
assembly or to close the same. All members of the legislative assembly are directly
elected, normally once in every five years by the eligible voters who are above 18
years of age. The current assembly consists of 140 elected members and one
member nominated by the governor from the Anglo-Indian Community. The
elected members select one of its own members as its chairman who is called
the speaker. The speaker is assisted by the deputy speaker who is also elected by
the members. The conduct of meeting in the house is the responsibility of the
Speaker.
The main function of the assembly is to pass laws and rules. Every bill passed by
the house has to be finally approved by the governor before it becomes applicable.
The normal term of the legislative assembly is five years from the date appointed
for its first meeting. But while a proclamation of state of emergency is in
operation, the said period will be extended by Parliament by Laws for a period not
exceeding one year at a time




Reference
http//:www.niyamasabha.org/
www.education .com
indian government and politics
BIDYUT CHAKRABARTY
RAJENDRA KUMAR PANDEY