Panchayat polls for Up Sarpanch, Sarpanch, Panchayat Samiti, Zila Parishad will take place in Rajasthan in January next year.Rajasthan government has implemented a provision related to minimum educational qualification for contesting panchayat polls in the state. It has brought in an ordinance ordinance effecting an amendment to the Rajasthan Panchayati Raj Act 1994.
What is the change ?
According to the provision, a candidate should :
- Have the minimum qualification of secondary education (Class 10) from the state board or any approved institution or board to contest the Zila Parishad or Panchayat Samiti polls.
- Be Class 8 pass from any school (general category) to contest the Sarpanch elections.
- Have passed Class 5 from a school to become a Sarpanch in the scheduled region of panchayat.
Why did they do this ?
The argument given by the government justifying its absurd move is :
- Sarpanch directly handles crores of money given by Central government. He should be a literate person with a some know- how.
- Government wants better accountability since Sarpanch is the main executive agency for Panchayat and Rural Development Works. Earlier , fund embezzlement cases have been lodged against elected representatives and the defense put up by them is “I am illiterate and put my thumb impression on whatever papers were given to me “. Also, due to subjugation of the fairer sex, it is not the sarpanchni who has the power. the de facto power is in the hands of the sarpanch patis.
- Government wants to confront the problem of illiteracy by this move. It has rationalized the move by citing the two child norm according to which those with more than two children will be disqualified from contesting the Panchayat polls. Government maintains that this move has helped in checking population growth. Interestingly , in Javed & Ors vs State of Haryana, the court had held that disqualifying person having more than 2 children to be candidate in panchayat election is not in contravention of Article 14. It is hoped that education eligibility too would have a positive impact.
The ordinance has received criticism from all.
Why is the move being criticized ?
- Article 14 of the constitution ensures equality before law. This arbitrary action of the state will place many at a disadvantaged position. Further, such a minimum qualification requirement will seclude a large section of the population from the only institution of direct democracy in the country. It is in violation of the principle of affirmative action that is guaranteed under the 73rd and 74th Amendment to the Constitution as well as the CEDAW Convention — to which India is a signatory — that calls for eliminating discrimination against women in political and public life.
- Rajasthan has a low literacy rate. As per the 2011 Census, literacy rate in Rajasthan is 66 % which is lower than the national average of 74%. Rural literacy rate stands at 61% with only 45.8% literate women in rural Rajasthan. Literacy rates are even lower in the scheduled areas. Out of 5,273 present members of the panchayat samitis in the state 3,371 were not Class X pass. Thus 70.49 per cent of the sitting elected representatives would be ineligible. Such selective disqualification would hinder inclusive participation in governance. The purpose of 73rd amendment with reservation for marginalized groups was to deepen their participation in democracy.
- The high court was in winter recess. The timing of ordinance has deprived any immediate legal succor from the decision. It is alleged, that the government did not hold consultations with other political parties, civil society before promulgating the ordinance.
- No other state has stipulated minimum educational qualifications to contest Panchayat polls. There are also no such stipulation to contest elections for higher offices of MLA/MPs. The candidates ability should be judged by the electorate. Educational qualifications are not a yardstick to judge an elected representative’s effectiveness or ability to perform his job and serve his constituents. By issuing such an Ordinance the state government is alleged to be absolving itself of its primary responsibility of realizing the Right to Education Act. On a side note, Illiterates can govern the country but a poor illiterate man cannot contest local body elections. So much for elitism.Why rules like minimum education and two child norm only at the grassroot level? Shouldn’t our MPs too be educated ? Or do they intend to flaunt their honorary degrees forever ?
The intent of the government to bring about literacy among the masses is indubitable. But the proposed manner will bereave people of the participatory and inclusive mode of governance which has contributed to deepening democratization. If Panchayati raj has to fulfill its foundational tenets of empowering the community there is a need to recognize the primacy of societal good over individual or political goals. Decision making processes in Panchayats need to be better defined, to diminish the possibility of elite capture, proxy participation and single point decision. The government could bring about the change in a phased manner. It should focus more on ensuring education for all. In order to assist the Sarpanch, the government could consider having a class of specialized bureaucracy, which could monitor and ensure financial accountability.
The 73rd and 74th Amendment Acts are a watershed in the field of decentralization and political empowerment. The occupation of the marginalized people on elected seats and chairperson’s posts in grassroots democratic governments is a huge social and political revolution. The presence of such a large number of women in Panchayats has indeed had a deep impact on gender equity. For example, achievers like Norti Bai who have a gamut of achievements to boast about will be left ineligible for the upcoming elections.
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