ADC: Will 'More Power' give power?
By:Keshab Debbarma, Category: ADC, Posted on:2013-09-01 07:58:38
With regard to the recent issue of Tripura the Term "More Power" to Tribal has no sense without knowing the meaning of the following questions:
1. What is power? What purpose the power will serve?
2. Why the need of power is felt by the tribal? Or what are the problems of tribal of Tripura?
3. Who holds the power? Where and why the power shall be transferred?
4. What type/s of power is in need to ensure solution of the problem?
5. How the power should be used for effective legal action? Or what mechanism shall be used for effective legal action?
Power: Generally power means the ability to affect others by its exercise. In other words, power is a legally recognized conferred capacity of creating, diverting, or altering rights, powers and privileges and so of creating duties and liabilities. It is always purposive. It is divided into three legislative power, executive power and judicial power. Power should be exercised only up to the extent of performance of specific purposes of the society. Power conferred should commensurate with the purpose and beyond that purpose no power should be conferred otherwise.
For example, within the framework of the constitution of India limits and extent of power lies in Article 14 says that, "The State shall not deny to any person equality before the law and equal protection of the laws within the territory of India". Hence, beyond that purpose the power is not conferred to the state. Then the state mechanism has the duty to prevent such misuse of power.
Legislative power or policy making power: For Parliament - Article 107 (introduction and passing of Bills), 109 (Money Bill) and 117 (Financial Bill) is the provisions of policy making power in the constitution. Article 368 is the constitution amendment power of Parliament of India.
For State - Article 196 (introduction and passing of Bills), 198 (Money Bill) and 204 (Appropriation Bill) is the provisions of policy making power.
Executive power or policy implementation power: Article 53 (Executive power of the union vested in President). Article 154 executive power of State vested in the Governor.
Judicial power or power of policy control: Article 129 the Supreme Court is a Court of Record, having power to punish for contempt of itself. Article 32 is remedial provision in violation of fundamental rights petition lies in Supreme Court. Article 226 violation of any rights whether fundamental or constitutional or statutory rights petition is filed in High Court.
The administration of India is based on decentralization of power for better local self governance. Rest of the ancillary power are delegated to or decentralized to Panchayet, Municipality and autonomous body etc for local self governance.
In India the source of the power is the people of India. The government is the agent of the people or power holder. Now power is vested on the government i.e. Legislature, Executive and Judicial. The purpose of the power in the constitution is to achieve the objectives of social, economic and political justice.
The Tribal within the Autonomous District have got the right to political participation through election. The Tribal Autonomous has got power of policy making. That is to say, they can decide on the issue of their needs. But for particular subjects like land related issues, forest, water course for agriculture purpose, jum cultivation, village administration, town police, public health, sanitation, social customs, and inheritance of property, marriage and divorce. This kind of power is not similar to the power which is wide enough vested to the Parliament and State Legislature. This Autonomous authority can frame rules but not Act. To some extend the tribal of Tripura has got social justice. But excluded power to decide on the language or culture, school education for tribal (Union or State has power over education subject in Concurrent List of Seven Schedule).
In the matter of execution of the rules decided by the Tribal Autonomous Authority has to receive assent of the Governor. However, unlike the president of India, the power of Governor to give assent on the rules or Act is wide enough and his discretionary power is not bound by the aid and advice given by the council of ministers (Article 263).
For judicial power or policy control power the concerned High Court is highest judicial body in the State.
Now the crucial issue for tribal is economic justice. The Grand-in-aid is paid out of Consolidated Fund of India to the Tribal Autonomous Body. Does the Tribal Autonomous Body could monitor or regulate effectively the Fund paced by the Union Government for its administration? Presently it comes from Union Govt. through the state machinery to autonomous body. The fund for Tribal Autonomous administration is monitored and regulated by the State mechanism. Autonomous Body does not have its own financial monitoring and regulatory body. Therefore, the power of policy making and policy executing are controlled by the State Government. Practically the power of policy making is not with the Tribal Autonomous Body. The Tribal are not given the true power. Therefore the Tribal are introduced with political justice but not given actual policy making power and power of effective policy execution or implementation such as financial monitoring by itself.
People need to be aware of the system.
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