People's Democracy

JHARKHAND

CPI(M) Condemns Dereservation Of ST Seats In Panchayats 

THE CPI(M) Jharkhand state committee has opposed the decision of the Arjun Munda cabinet to de-reserve panchayat posts for tribals in scheduled areas by an amendment of the central Act – The Provision of the Panchayats (Extension to the Scheduled Areas) Act, 1996. The CPI(M) felt that it was beyond the jurisdiction of the state government and dubbed it as a political stunt by the BJP government for electoral gains in the ensuing assembly election in February 2005. The CPI(M) charged that by taking this decision the chief minister Arjun Munda is not only creating social division and tension, but also misleading the people.

“This is also a cover-up exercise by the Arjun Munda government in the face of sharp criticism for not holding panchayat election in violation of the Constitutional and legal provisions, an order of the High Court, public criticism of the governor and recently the president of the country taking a strong view of it”, stated the CPI(M) in a statement issued in Ranchi on November 10.

In the 73rd Constitutional amendment, which brought panchayats under Part IX of the Constitution in 1992, a specific provision was made under Article 243 stating that this part would not apply in Scheduled Areas under Fifth Schedule of the Constitution recognised as tribal dominant areas.  To make the Panchayats Act applicable in the Fifth Schedule Areas in the country covering nine states, a parliamentary committee (Bhuria committee) was formed and on the basis of the recommendations of this committee, the provisions of the Panchayats (Extension to the Scheduled Areas) Act, 1996 were enacted without any opposition.

Accordingly, nine states, including Jharkhand, enacted/amended state Panchayat Acts and all other eight states, namely Orissa, Chhattisgarh, Madhya Pradesh, Andhra Pradesh, Maharashtra, Gujarat, Rajasthan and Himachal Pradesh held elections of panchayats in the Scheduled Areas based on the amended Panchayat Acts in accordance with the Central Act. Only in Jharkhand have the panchayat elections not been held and the provisions of the Act have not been implemented.

After such emphasis in the Constitution, the four years exercise by the parliamentary committee and extensive debate in the parliament as to how provisions of Panchayat Act could be made applicable in Scheduled Areas, in one stroke Arjun Munda cabinet has decided to undo the same, felt the CPI(M) state committee.

It pointed out what Section 4 of the Central Act, applicable to nine states, states:

“Notwithstanding anything contained under Part IX of the Constitution, the legislature of the state shall not make any law under that Part which is inconsistent with any of the following features, namely….(g) the reservation of seats in the Scheduled Areas at every panchayat shall be in proportion to the population of the communities in that panchayat for whom reservation is sought to be given under Part IX of the Constitution.

“Provided that reservation for the Scheduled Tribes shall not be less than one half of the total numbers of seats.

“Provided further that all seats of chairpersons of panchayat at all levels shall be reserved for the Scheduled Tribes.”

Now, the Arjun Munda cabinet is asking the central government to amend the Central Act and by implication the Panchayat Acts of all other eight states and unsettle the already elected mukhias and chairpersons of the panchayat samities and zilla parishads in those eight states. Is it possible for the central government and will it be acceptable to other states? Has the BJP the courage to move such an amendment in the Lok Sabha, questioned the CPI(M). Saying that the issue is not exclusive to Jharkhand, the Party emphasised that the cabinet decision has no validity except creating confusion and misleading the people, creating social division aiming at dividing secular votes and divert attention from the burning problems of the people to cover up the insensitivity of the BJP-led government and failure of the Arjun Munda government in protecting the rights, interests and welfare of the people.

“By this single act the Arjun Munda government has attacked the very foundation and contents of the Fifth Schedule of the Constitution, the long history of and sacrifices in tribal struggles in Jharkhand during the British period and after independence. Birsa Munda, to them, remains just a name. The exploitation of Adivasis, who are at the lowest rung in the social and economic development, would continue and their limited rights for protection and advancement would be curbed.  This is the aim of the RSS affiliates and the BJP”, stated the CPI(M) state committee.

There is distortion in the logic and facts presented for argument. The picture is otherwise. While 59 per cent of population of Jharkhand are outside the Scheduled Areas, only 41 per cent population of the state are in scheduled areas. In that also, 30 per cent of population live in urban areas not covered by the Panchayat Act.  In Scheduled Areas, where the Panchayat Act applies, the tribal population is 55.52 per cent – the majority population in Scheduled Areas.

The Jharkhand state committee of the CPI(M) has called upon all democratic and peace loving people of Jharkhand to condemn this game of the BJP-led government in the state. It also urged them to maintain unity and forge struggle for economic and social justice and give a befitting reply to the BJP and its allies in the ensuing assembly election. (INN)