Mahir Haneef
Even though constitutional status was granted to Panchayati Raj institutions through an amendment in 1992, local self-government bodies still suffer from lack of an independent funding system and interference of State governments.
Though governments of Kerala scored over other States in conferring powers on Panchayati Raj institutions, they retained the reins by not setting up a separate finance commission and autonomous status to these local bodies.
Thus, the panchayats, representing the will of the people, have a limited in implementing the will of the people due to the lack of self-sufficiency. This continues even though it goes against the definition of a free people, who are a people who participate in decisions affecting their lives and destinies.
Kerala High Court became the villain in the recent episode of denial when they ordered the panchayat to grant licence for Coca Cola’s bottling plant. Following this, many experts pointed out that the order goes against the spirit of cooperative federalism represented through Panchayati Raj, the most cherished dream of Mahatma Gandhi.
Intervention in the activities of local bodies through State functionaries like Collectors and Revenue Divisional Officers are also common in the State. This often prevents village panchayat from acting as a direct channel for citizens to exercise their will and thereby participate in local self governance.
With all these factors, panchayats are now limited to function as an implementation agency for State and Central projects and rarely get the chance for functional and financial devolution. Thus with State control over funds and personnel, local bodies are distanced from the development process as envisioned through Panchayati Raj.
AK Krishnan, president of Perumatty Gramapanchayat
The panchayat doesn’t have the power to implement their decisions. I believe that the high court order favouring Coca Cola was discriminatory. What came as court order were the propositions put forward by Coca Cola in a discussion with us. We rejected their propositions in the meeting itself, but the court made us grant licence to them, thereby denying the powers of the panchayat.
Justice VR Krishan Iyer conducted a press meeting and stated that the High Court Bench was bought by the company. No reply was given to this and this again proves it right. Otherwise, he would have been prosecuted for contempt of court. The court also stated that they would grant licence if the panchayat fails to do so, thus denying the powers of the panchayat.
Jose P Mani, District Panchayat President
Finance Commission for self-governing bodies have to be set up for better functioning of panchayats. Now panchayats are restricted according to the financial condition of the State government. As a result of this, panchayats have to take loans from agencies like HUDCO.
Interference by Collectors and Revenue Divisional Officers is also a great problem. I warned them of prosecution when they tried to interfere with panchayat activities recently. Panchayats have the right to do that. If anybody has a complaint regarding the decisions of panchayat committee, it should be brought up via ombudsman and not through the Collector or RDO. The activities of the panchayat should not be interfered in any way by the Collector or RDO.
K Krishnankutty, Secretary General of Janatha Dal
I believe in Justice VR Krishna Iyer’s allegation fully. This court order proves that panchayats have no power. A panchayat is in control of the resources there and is bound to protect it, but this order came out quite contrary to previous order and this raises our suspicion.
By threatening that the court would grant licence, it was implying that it would use the powers of the panchayat. Under no circumstances should the court do such a thing. The contempt of court case came before the same bench considering the original case and this is also not proper.
Kutty Ahammed Kutty, Minister for Local Self Government
Panchayats are given enough funds now unlike in the past. We are calling back funds because they are not used. Panchayats are given plan funds and non-plan funds. They can use non-plan funds as they decide, but plan-funds have to be spent as per the decisions of the government.
PV Sahasranaman, lawyer
The power of the panchayat is independent. This power should be used reasonably and fairly. If the panchayat fails to do so, court can interfere. In the Coca Cola case, the panchayat did state before the court that the plant is causing water scarcity, but failed to state how much and how large. They didn’t also do any expert study on this.
