Will the meek inherit
the earth? The scriptures say so. In India, the statute ensures that
this is so.
SEZs (special economic zones) or no SEZs, the villages in India have
all the power to keep their farmland, their houses, their forests, and
their rivers.
This is all thanks to Article 243 G of the Constitution, which provides
that the humble village panchayat and its planners, the rural
equivalent of the Planning Commission, examine each proposal and decide
if the village wants to part with its resources.
And a village panchayat in Kerala showed the way. Plachimada in the
state’s Palakkad district is now holy land for those who want grassroot
level democracy. The 15-member Perumatty Grama Panchayat decided on
April 7, 2003, not to renew the licence to Hindustan Coca Cola
Beverages Ltd (HCBL), an Indian arm of Coca-Cola.
The reason it gave was public interest because the company was alleged
to be “causing shortage of drinking water in the area through
over-exploitation of ground water sources.”
The reason it could do so was the Kerala Panchayati Raj Act, 1994,
derived from Article 243 G, which allows state legislatures to endow
panchayats with the authority to function as an institution of
self-governance.
So when the empowered group of ministers approves 83 proposals for new
SEZs, it is entering a tricky zone, a zone that is not clearly in its
jurisdiction.
Though a number of states do not have village or district level
planning committees, their absence can hardly be an excuse for not
taking their approval.
The Supreme Court ruled in a case concerning panchayat elections in
2003 that while “states cannot be permitted to withhold election of
panchayats ... any legislative device of the government, which comes
into direct conflict with the mandatory provisions of the Constitution
(in this instance, Article 243 E) such device is ultra vires of the
Constitution.”
More than a decade after these laws were made, states have not carried
out the constitutional mandate of devolving powers to district and
village planning committees. Nobody knows exactly why.
If an SEZ is to be set up, the plan of the company will have to be
acceptable under the village plan with respect to the amount of land to
be allowed for farming or industry or housing. And as long as the
village plan is not in place in the 600,000 villages, SEZs can hardly
go ahead.
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