0262f8a8f5cca-Paper Vi - Assam Polity

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Assam Polity

Q. Briefly discuss the growth of Panchayati Raj Institution in Assam.


- Chowkidar Panchayat Act (1887) - District Magistrate to establish Panchayat in any village consisting
of more than 60 houses. Responsibility confined to the chowkidari system only.
- Assam rural self government act, 1926 - more powers were given to Panchayat. But the villagers
were unable to run the administration of their own.
- Assam Rural Panchayat Act, 1948
- Two tier system - primary panchayat and rural panchayat
- Primary Panchayat for administration of one village and rural panchayat for administration of
more than one villages.
- Failed to satisfy the aspirations of the villagers.
- Assam Panchayati Raj Act, 1959
- Based on the recommendations of Balwant Rai Mehta committee (1957)
- Three tier system - Mohkuma Parishad, Anchalik Panchayat and Gaon Panchayat
- Mohkuma Parisad was an advisory body.
- Achalik Panchayat could not function effectively.
- Abolished in 1972
- A two tier system with Mohkuma Parishad and Gaon Panchayat was introduced in 1972
- Assam Panchayati Raj Act, 1986
- Three tier system - Gaon Panchayat, Anchalik Panchayat and Mohkuma Parishad
- Certain functions were entrusted to the Mohkuma Parishad also.
- In 1992, Panchayat election was held in Assam
- Constitutional status to Panchayati Raj Institution through 73rd Amendment, 1992
- Assam Panchayat Act, 1994
- Three tier system - Zila Parishad (District level), Anchalik Panchayat (Block or intermediate
level) and Gaon Panchayat (village level)

Q. Briefly discuss the functioning of Panchayati Raj Institution in Assam.


- Constitutional status to Panchayati Raj Institution through 73rd Amendment, 1992
- Assam Panchayat Act, 1994 replaced Assam Panchayati Raj Act, 1986
- Three tier system - Zila Parishad (District level), Anchalik Panchayat (Block or intermediate level) and
Gaon Panchayat (village level)
Gaon Sabha
- Consist of persons registered in electoral rolls.
- The Gaon Sabha shall meet from time to time; maximum gap between two meetings - 3 months.
- Quorum: 1/10th or 100 whichever is less
Gaon Panchayat
- Consist of 10 members elected directly
- The President will be elected directly.
- Dy Commissioner will call a meeting (first meeting) for election of the Vice-President from amongst the
members.
- Election conducted by State Election Commission.
- Term – 5 years.
- Meeting - at least once in two months.
- Quorum – 1/3rd
- Reservation:
- SC/ST: Proportional representation
- Women: 50% (1/3rd in the original act)
- Removal of President / Vice-President
- No confidence motion passed by 2/3rd majority.
- 3 standing committees (3-4 members)
- Development committee
- Social Justice committee
- Social Welfare committee
- The President of the Gaon Panchayat shall be Ex-Officio member and Chairman of all the three
committees
- Gaon Panchayat Fund
- All receipts on account of taxes, rates, fees, gifts, contribution, fines, penalties etc. imposed by
it.
- Land Revenue and Local Rates/grants-in-aid as prescribed from the consolidated fund of the
State as recommended by the State Finance Commission
Anchalik Panchayat
- One member from each Gaon Panchayat (directly elected)
- President and Vice President (indirectly elected)
- The MP (Lok Sabha) and MLA the State representing constituencies which comprise wholly or partly,
the Anchalik Panchayat.
- Block Development Officer or such other officer as may be appointed by Government shall hold the
post of the Executive Officer and Secretary of the Anchalik Panchayat.
Zila Parishad
- One member from each territorial constituency (directly elected).
- The President and Vice President (Indirectly elected)
- The MP (Lok Sabha) and MLA the State representing constituencies which comprise wholly or partly,
the Anchalik Panchayat.
- Meeting: Once in every 3 months
- The Government shall appoint an officer not below the rank of the Addl. Deputy Commissioner of a
district as Chief Executive Officer of the Zilla Parishad.
Dissolution
- By the government if exceeds, or abuses its powers or is not competent to perform or make
persistent default in the performance of the duties imposed on it.
- The newly elected ZP/AP/GP will continue for the remainder of the period, if it is not less than 6
months.

Q. Briefly discuss the urban local bodies in Assam.


- The Assam Municipal Act, 1956 replaced the Assam Municipal Act of 1923.
- Except the city of Guwahati and the areas under the 6th schedule, the municipal administration of
urban areas in Assam are still run in accordance with the Assam Municipal Act, 1956
- The Act was modified in 1994 to incorporate the changes brought through 74th amendment act, 1994.
- In Assam, we have three urban local bodies -
Town Committee
- For population less than 10,000 (small town)
- Members between 4 and 10
- The state government may appoint any person (may or may not be a member) to be its chairman and
vice chairman or authorise the committee to elect its chairman and vice-chairman.
- Function - to look after overall development of the area.
Municipal board
- For population more than 10,000
- Members between 10 and 30.
- Members are called commissioners.
- State government may nominate some members who will not have voting rights.
Guwahati Municipal Corporation
- The Guwahati Municipal Corporation Act was passed by legislative assembly in 1969.
- The first Guwahati Municipal Corporation was constituted in 1974
- The members, called councillors, are elected by the people.
- Term 5 years.
- Government can nominate a maximum of 60 councillors.
- MPs and MLAs representing the constituency are the Ex-officio members.
- Five standing committees
- 1. Finance Committee.
- 2. Public Works Committee.
- 3. Public Health, Conservancy and Water Supply Committee.
- 4. Assessment, Markets and Trades Committee.
- 5. Appeals Committee.
6th schedule areas
- In the areas where Autonomous Councils exist, under the 6th Schedule of the Constitution, there are
Municipal Boards and Town Committees, but they are completely under the purview of Autonomous
Councils.

Q. Give an account of the administration of Tribal Areas under Sixth


Schedule of Constitution
The "North Eastern Frontier (Assam) Tribal and Excluded Areas Committee" submitted a scheme for tribal
administration which was approved by the Constituent Assembly and incorporated in the Sixth Schedule of the
Constitution of India.
Three Autonomous councils in Assam -
A. Dima Hasao Autonomous Council, 1952 (earlier North Cachar Hills Autonomous Council),
B. The Karbi Anglong Autonomous council, 1952 and
C. Bodoland Territorial Areas District Council, 2003.
Tribal autonomous councils
1. The members of the Council are elected by the people of the respective area.
2. The District Council is an autonomous body which is entrusted with numerous powers and functions
viz., legislative, administrative, financial and judicial.
3. The term of office of a member of the District Council is five years.
4. Each District Council has an Executive Council with a Chief Executive Councillor and he is responsible
for the administration of the District Council.
5. Apart from this, the District Council has a Secretariat with the Chief Secretary and other Secretaries.
6. The District Council acts as the legislature of the areas within its jurisdiction.
7. The District Councils have the power to make acts, rules, but the Governor must give his assent to
these acts and rules.
8. The Governor has the power to suspend any act or resolution of the Council if he is satisfied that it is
likely to endanger the safety and security of India.
9. The District Council performs the activities like management of forest not being reserved forest,
regulation of Jhum, marriage and divorce, social customs, establishment of village court, trial of
intra-tribal suits both civil and criminal, construction and management of primary schools, markets,
dispensary, etc.
10. The District Council may establish, construct or manage primary schools, dispensaries, markets, cattle
pounds, ferries, fisheries, road and waterways in the district and in particular may prescribe the
language and manner in which primary education should be imparted in the primary schools of the
district.

- No Act of Parliament or of the State Legislature can apply to these areas unless the Governor by public
notification so directs.
- The concurrence of the District Council is necessary for the purpose of prospecting for, or extraction of
minerals, and the royalties thereof will be shared with the District Council. Any dispute regarding
sharing of such royalties shall be referred to the Governor for final decision.

Q. Write a short note on “Assam Public Service Commission”.


Facts
- Came into existence on 1st April, 1937 in accordance with the provision of the Govt. of India Act, 1935.
- First Chairman - Mr James Hezelett (retired ICS)
- On India becoming a Republic, the regulations of the Commission were framed by the Governor of
Assam in exercise of the powers conferred by Article 318 of the Constitution of India and the same
came into force w.e.f. 1st September 1951.
- First non-official chairman - Shri Kameswar Das (1951)
Constitutional provisions
- Chapter-ll of Part-XIV of the Constitution.
- The provisions in the Constitution ensure the competence of the Commission to deal with matters
relating to the State Service and enable them to discharge their duties in a fair and impartial manner
free from influence from any quarter.
- The Chairman and Members of the Commission are appointed by the Gvernor of the State, as per the
provisions of Article 316.
- The Chairman or any other Member of the Commission can hold office for a period of six years or till
he/she attains the age of 62 years whichever is earlier.

Q. Give a brief account of the evolution of Assam Legislative Assembly.

- Assam under the provisions of India Council Act, 1861 did not have its own democratic institution.
- Assam was tagged with East Bengal in 1905 and the Institution was then called "Legislative Council of
Eastern Bengal and Assam", which started functioning from 1906.
- In 1912, Assam was reconstituted into a Chief Commissioners' province.
- In 1913, Assam was granted a Legislative Council under the Government of India Act, 1909
- Strength - 34 (13 nominated by the Chief Commissioner and 21 elected by the people).
- First meeting on 6th January, 1913 at Shillong, presided over by Sir Archdale Easel, the Chief
Commissioner of Assam.
- In 1919, the strength was raised to 53 (41 elected, 12 nominated)
- Government of India Act, 1935, made legislature in Assam bicameral.
- Assam Legislative Assembly came into being on April 7, 1937 in the Assembly Chamber at Shillong.
- Strength - 108 (all elected)
- After partition, Sylhet district was transferred to East Pakistan. Strength reduced to 71. However, later it
was restored to 108.
- Abolition of the Assam Legislative Council in 1947.
- By 1972 Assam was truncated to several smaller states.
- In 1972, the capital was shifted to Dispur, Guwahati.
- Revised strengths
- 1952-57 : 108,
- 957-62 : 105
- 1967-72 : 114
- 1972-78 : 126
- It has continued to maintain that figure till date.
- Although the Article 172 provides the duration of State Legislative Assembly as 5 years due to the
imposition of National Emergency in 1975 the fifth Assam Assembly lasted for 6 years.
- Late Babu Basanta Kumar Das was the first Speaker of the Assam Legislative Assembly.

Q. Discuss the circumstances that led to signing of Assam Accord, 1985.


- Between 1948 and 1971, there were large-scale migrations from Bangladesh (then East Pakistan) to
Assam.
- In 1978 Hiralal Patwari died, requiring a by-election in the Mangaldoi Lok Sabha Constituency to fill his
seat.
- During the process of the election, observers noticed that the number of registered voters had grown
dramatically. AASU demanded that the elections be postponed till the names of foreign nationals were
deleted from the electoral rolls. The Assam Agitation developed from there.
- December 10, 1979, Khargeswar Talukdar, the 22-year-old general secretary of Barpeta AASU Unit,
was beaten to death and thrown into a ditch next to the highway at Bhabanipur. Talukdar has been
honoured by the Assam Movement as its first Martyr. AASU observes 10 December every year as
Swaheed Diwas.
- In 1983, Indira Gandhi government passed the Illegal Migrant (Determination by tribunal) Act, popularly
known as IMDT Act.
- On 18th February, 1983, more than 2000 immigrants (official record) were massacred (Nellie
massacre).
- Negotiations took place between the government and AASU-AAGSP during 1984-85.
- Finally Assam Agitation ended with the signing of Assam Accord in 1985 between then PM Rajiv
Gandhi and the leaders of Assam Movement.

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