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Constitutional Loopholes of District Councils
According to a draft agreement, the present seats of each district council is thirty with a proposal for an increase of ten more seats which would require an amendment to the Sixth Schedule of the Constitution of India.
In the face of such a fluid political and Constitutional situation, it has been mooted that the traditional democratic institutions of the Dorbars of the Hima of Khasi States, the Hima Elaka Doloi of the Ri Pnar or Jaintia Hills and the Nokma institution of Achikland or Garo Hills would each have a party – less Regional Council in managing the grass roots traditional administration according to their own genius and prevailing customs and usages in administration, preservation of the existing culture and matrilineal custom and also providing in development work and activities, especially in the rural areas of the State. All these aspects are now under the consideration and perusal of the Union Government, especially since the Panchayat System is not applicable in Meghalaya.
The elections to the District Councils have however been held as far as the Khasi and Jaintia Hills of the State are concerned, the number of voters being 6,68,398 in the Khasi Hills and 2,09,217 in the Jaintia Hills, out of the total population of the State being 29,66,889.
The rules of the District Council are however so framed without any consideration of scanning the entity of a contesting candidate. It is a Tom, Dick and Harry merry – go – round affair where even people with criminal records and background can contest these elections. The candidates do not have to reveal anything regarding their antecedents as there is no provision of them doing so even when the Council follows the mode of conduct of the Election Commission of India with the exception of the use of vehicles during campaigning and also on the polling day. The State Election Department has more or less no control over the conduct of the election process.
Suddenly there is a growing spirit of ‘Bhai Bhai’ between national parties and their regional counterparts, who were but up in arms against each other during the just concluded campaigning session. |
It is therefore a free – for – all contest with unclear rules, regulations and provisions. Unlike the elections to the Constitutional bodies such as Parliament and State Legislative Assemblies, the candidates do not have to file affidavits, whether they are literate or illiterate, whether they belong to the social privileged class of crorepatis, or living in a hand – to – mouth existence. The voters are therefore deprived of all the relevant information and it would not be surprising if somebody instead filed a Right to Information Act against the aspirants to the seats of power.
The post – election phase is the declaration of results and as always, there must be losers and winners in this game. However, to the dismay of everyone, it so happens invariably that no single party can reach that magic figure in the 29 elective seats of a particular council as one member would later be nominated. Then there is a scramble of party alliances to form the ruling Executive Committee, arch enemies becoming strange bed fellows overnight. Here again, the Tenth Schedule of the Constitution of India does not apply to the fortunate District Council members who have sworn their faith and allegiance to their present political affiliation. A scene of bedlam defection and fence jumping with the members exhibiting their athletic abilities is then witnessed by one and all. Suddenly there is a growing spirit of ‘Bhai Bhai’ between national parties and their regional counterparts, who were but up in arms against each other during the just concluded campaigning session. The horse trading then becomes an open fish market to the advantage of the highest bidder especially for the independent candidate members who are at this point of time the most sought after.
As a result, a convenient ruling alliance is formed, a coalition of different colours and ideologies of the Executive Committee of the Council which is expected to last for the five year term ahead. However, as it usually happens, only at a quarter of the way or till mid – way, this arrangement falls apart in the toppling and defection games played in a fashion without any Council rules, the two main teams being the defensive and the offensive, deciding by the roll of the dice of a no – confidence – motion in the floor of the Council.
These people have been given a free ticket to act and conduct themselves according to their own whims and fancies. Customs, traditions, culture are allowed to wither away like the dry autumn leaves being swept away ba a careless wind. |
The public rejoicing of the victories of the respective candidates lasts for only a short – lived day. There is an expression of joy and happiness through cheering, dancing and the waving of flags. Yet, the pertinent question here is whether there is any follow – up on the part of the victorious Council members to fulfil the promises made before their respective victories. Sadly these are more often than not broken promises. These people have been given a free ticket to act and conduct themselves according to their own whims and fancies. Customs, traditions, culture are allowed to wither away like the dry autumn leaves being swept away ba a careless wind. Where is the respect for the traditional administration handed down by the forefathers to strengthen them and to seek their cooperation in the administration of the Councils?
District Councils are therefore limping along the path to reach El Dorado. A debate is currently on as to whether there is any longer a need for District Councils. The questions are whether the District Councils along the years have served their purpose as a Constitutional body, whether the Councils need more powers and whether their performance through the years since their inception have brought about an all round plus and positive results?
There are of course the plus positive points and also the minus negative points wherein the Council members –present and future should separate the husk from the grain which is yet again another challenging task.