Thursday, April 17, 2014

Whom to Vote and Why

मतदान, पवित्र कर्तव्य
पण मतदान कुणाला आणि का?  
            वसंत गणेश काणे
हल्ली मुक्काम पुणे
९४२२८०४४३०
नगरसेवक –गटारे,ड्रेनेज,स्थानिक स्वच्छता , शुद्ध पाणी पुरवठा सार्वजिनक आरोग्य यासारख्या  पायाभूत सुखसुविधा चांगल्या मिळाव्यात म्हणून
आमदार – राज्य पातळीवरचे उद्योग, शिक्षण,कृषी, रोजगार, कर निश्चीति,य बाबतीतले धोरण ठरविणे, स्थानिक विकास कामे
खासदार – राष्ट्रीय सुरक्षा,आंतरराष्ट्रीय व्यापार, मागास वर्गाचा विकास, भ्रष्टाचार, महागाईला आळा, उद्योग, शिक्षण, कृषी, याबाबतीतले राजकीय धोरण ठरवण्यासाठी, स्थानिक विकास कार्याला केंद्राकडून मिळणारा निधी उपलब्ध करून देणे
स्थानिक, राज्य पातळीवरचे आणि राष्ट्र पातळीवरचे प्रश्न यात गल्लत नको. (निवडणूक आयोगानेही मार्गदर्शन करावे.)
Part XI of the Indian constitution defines the power distribution between the federal government (the Centre) and the States in India. This part is divided between legislative, administrative and executive powers. The legislative section is divided into three lists: Union list, States list and Concurrent list. Unlike the federal governments of the United States, Switzerland or Australia, residual powers remain with the Centre, as with the Canadian federal government.

Federalism in India has a strong bias towards the Union Government. Some unique features of federalism in India are:[1]

There is no equality of state representation. Representation in the Parliament can vary widely from one state to another depending on a number of factors including demography and total land area.
No double citizenship, i.e. no separate citizenship for country and state.
The consent of a state is not required by the Parliament to alter its boundaries.
No state, except Jammu and Kashmir, can draw its own Constitution.
No state has the right to secede.
No division of public services.[citation ne
Legislative powers[edit]
The power of the states and the Centre are defined by the constitution and the legislative powers are divided into three lists. i.e.[2]

Union List[edit]
Main article: Union List
Union list consists of 100 items (previously 97 items) on which the parliament has exclusive power to legislate with including: defence, armed forces, arms and ammunition, atomic energy, foreign affairs, war and peace, citizenship, extradition, railways, shipping and navigation, airways, posts and telegraphs, telephones, wireless and broadcasting, currency, foreign trade, inter-state trade and commerce, banking, insurance, control of industries, regulation and development of mines, mineral and oil resources, elections, audit of Government accounts, constitution and organisation of the Supreme Court, High Courts and union public service commission, income tax, custom duties and export duties, duties of excise, corporation tax, taxes on capital value of assets, estate duty, terminal taxes.[3]

State List[edit]
Main article: State List
State list consists of 61 items (previously 66 items). Uniformity is desirable but not essential on items in this list: maintaining law and order, police forces, healthcare, transport, land policies, electricity in state, village administration, etc.The state legislature has exclusive power to make laws on these subjects. But in certain circumstances,the parliament can also make laws on subjects mentioned in the State list.Then the parliament has to pass a resolution with 2/3rd majority that it is expedient to legislate on this state list in the national interest.

Though states have exclusive powers to legislate with regards to items on the State list, articles 249, 250, 252, and 253 state situations in which the federal government can legislate on these items.[3]

Concurrent List[edit]
Main article: Concurrent List
Concurrent list consists of 52 items (previously 47 items). Uniformity is desirable but not essential on items in this list: Marriage and divorce, transfer of property other than agricultural land, education, contracts, bankruptcy and insolvency, trustees and trusts, civil procedure, contempt of court, adulteration of foodstuffs, drugs and poisons, economic and social planning, trade unions, labour welfare, electricity, newspapers, books and printing press, stamp duties.[3]

Administrative powers[edit]
The Union and states have independent executive staffs fully controlled by their respective governments and executive power of the states and the Centre are extended on issues they are empowered to legislate.[3]

Union control over states[edit]
See also: Article 356
According to the Article 356 of the Constitution of India, states must exercise their executive power in compliance with the laws made by the Central government. Article 357 calls upon every state not to impede on the executive power of the Union within the states. Articles 352 to 360 contain provisions which empower the Centre to take over the executive of the states on issues of national security or on the breakdown of constitutional machinery. Governors are appointed by the Central government to oversee states. The president can dissolve the state assembly under the recommendation of the council of ministers by invoking Article 356 if and when states fail to comply with directives given by the Centre.[3]

The Constitution provides that, except in a few cases, union law trumps state law. If any provision of a law made by the Legislature of a State is repugnant to any provision of a law made by Parliament which Parliament is competent to enact, or to any provision of an existing law with respect to one of the matters enumerated in the Concurrent List, then, the law made by Parliament, whether passed before or after the law made by the Legislature of such State, or, as the case may be, the existing law, shall prevail and the law made by the Legislature of the State shall, to the extent of the repugnancy, be void. There is an exception to this in cases "where a law made by the Legislature of a State with respect to one of the matters enumerated in the Concurrent List contains any provision repugnant to the provisions of an earlier law made by Parliament or an existing law with respect to that matter, then, the law so made by the Legislature of such State shall, if it has been reserved for the consideration of the President and has received his assent, prevail in that State. Provided that nothing in this clause shall prevent Parliament from enacting at any time any law with respect to the same matter including a law adding to, amending, varying or repealing the law so made by the Legislature of the State."[4]
Suggested municipal functions[edit]
The suggested functions to municipal corporations, municipalities and nagar panchayats are listed in the table below.[3]

Essentially Municipal Functions     Municipal Corporation         Municipal Council   nagar panchayat
Urban planning including town planning       Yes   Yes   Yes
Regulation of land-use and construction of buildings   Yes         Yes   Yes
Planning for economic and social development    Yes   Yes         Yes
Roads and bridges  Yes   Yes   Yes
Water supply domestic, Industrial and commercial purposes         Yes   Yes   Yes
Public health, sanitation, conservancy and solid waste management   Yes   Yes   Yes
Fire services    Yes   Yes   No
Urban forestry Yes   Yes   Yes
Preventive Health Care   Yes   Yes   Yes
Provision of urban amenities and facilities such as parks, gardens, playgrounds     Yes   Yes   Yes
Burials and burial grounds, cremations, cremation ghats/grounds and electric crematoria  Yes   Yes   Yes
Cattle pounds, prevention of cruelty to animals   Yes   Yes         Yes
Vital statistics including registration of births and deaths         Yes   Yes   Yes
Street lighting Yes   Yes   Yes
Parking lots, bus stops and public conveniences  Yes   Yes         Yes
Regulation of slaughter houses and tanneries       Yes   Yes         Yes
Slum improvement and up gradation    Yes   Yes   Yes
Agency Functions
Protection of the environment and promotion of ecological aspects    Yes   Yes   Yes
Safeguarding the interests of weaker sections of society, including the handicapped and the mentally retarded Yes         Yes   Yes
Urban poverty alleviation       Yes   Yes   Yes
Promotion of cultural, education and aesthetic aspects         Yes   Yes   Yes
Primary Education  Yes   Yes   yes
Primary Health Care        Yes   Yes
yes
Mahanagar Nigam (Municipal Corporation)[edit]
Main article: Municipal Corporation of India
Mahanagar Nigam a.k.a. (Municipal Corporation) in India are state government formed departments that works for the development of a Metropolitan city, which has a population of more than 1 Million. The growing population and urbanisation in various cities of India were in need of a local governing body that can work for providing necessary community services like health centres, educational institutes and housing and property tax.

They are formed under the Corporations Act of 1835 of panchayati raj system which mainly deals in providing essential services in every small town as well as village of a district/city. Their elections are held once in five year and the people choose the candidates. The largest corporations are in the four metropolitan cities of India, namely Delhi, Mumbai, Kolkata and Chennai. These cities not only have a large population, but are also the administrative as well as commercial centres of the country.

Nagar Palika (Municipality)[edit]
Main article: Nagar Palika (Municipality)
In India, a Nagar Palika or Municipality or Nagar Nigam is an urban local body that administers a city of population 100,000 or more. However, there are exceptions to that, as previously nagar palikas were constituted in urban centers with population over 20,000 so all the urban bodies which were previously classified as Nagar palika were reclassified as Nagar palika even if their population was under 100,000. Under the Panchayati Raj system, it interacts directly with the state government, though it is administratively part of the district it is located in. Generally smaller district cities and bigger towns have a Nagar palika. Nagar palikas are also a form of local self-government, entrusted with some duties and responsibilities, as enshrined and guided upon by the Constitutional (74th Amendment)Act,1992.

The members of the Nagar palika are elected representatives for a term of five years. The town is divided into wards according to its population, and representatives are elected from each ward. The members elect a president among themselves to preside over and conduct meetings. A chief officer, along with officers like an engineer, sanitary inspector, health officer and education officer who come from the state public service are appointed by the state government to control the administrative affairs of the Nagar Palika.

Nagar Panchayat (Notified Area Council)[edit]
Main article: Nagar Panchayat (Notified Area Council)
A Nagar Panchayat or Notified Area Council or City Council is a form of an urban political unit in India comparable to a municipality. An urban centre with more than 11,000 and less than 25,000 inhabitants is classified as a "Nagar Panchayat".

Each Nagar Panchayat has a committee consisting of a chairman with ward members. Membership consists of a minimum of ten elected ward members and three nominated members. The N.A.C. members of the Nagar Panchayat are elected from the several wards of the Nagar Panchayat on the basis of adult franchise for a term of five years. There are seats reserved for Scheduled Castes, Scheduled Tribes, backward classes and women. The Councillors or Ward Members chosen by direct election from electoral wards in the Nagar Panchayat.

See also[edit]

   

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