There is another story of yet another woman achiever. She was the President (Sarpanch) of a Gram Panchayat of Vengaiwasal village in Tamil Nadu. In 1997, the Tamil Nadu government allotted two hectares of land to 71 government employees. This piece of land fell within the vicinity of this Gram Panchayat. On the instructions of higher authorities the District Collector of Kancheepuram directed the President of the Gram Panchayat to pass a resolution endorsing the allotment of the said land for the purpose already decided. The President and the Gram Panchayat refused to pass such an order and the Collector issued an order to acquire the land. The Gram Panchayat filed a writ petition in the Madras High Court against the Collector’s action. The single judge bench of the High Court upheld the Collector’s order and ruled that there was no need to take the Panchayat’s consent. The Panchayat appealed to the Division bench against the single judge’s order. In its order, the Division Bench reversed the order of the single judge. The judges held that the government order amounted to not only infringement of the powers of the Panchayats but a gross violation of the constitutional status of the Panchayats.
In the example given above, what do you think the Government of Tamil Nadu should have done?
The Government of Tamil Nadu should have consulted the Gram Panchayat before making any decision regarding the land allotment. Since the land fell within the vicinity of the Vengaiwasal Gram Panchayat, the local self-government institution should have been involved in the decision-making process.
Instead of directing the President (Sarpanch) to merely pass a resolution endorsing a decision already taken by higher authorities, the government should have respected the Panchayat's role as a unit of self-government. Bypassing the local body and acquiring land through the Collector's order undermines democratic processes and weakens the institution of local government. The government ought to have sought the Panchayat's consent and addressed any concerns raised by the local representatives.
Explanation
The textbook context presents a case where the Tamil Nadu government bypassed the Gram Panchayat's authority by directing the Collector to acquire land without the Panchayat's consent. The chapter emphasizes that 'strengthening local government is like strengthening democratic processes.' The Constitution visualizes village panchayats as units of self-government. Therefore, the government should have respected the democratic principle of local self-governance by consulting the Panchayat rather than overruling it through administrative orders.