Crucial Bills And Amendments for IAS Prelims 2017: Panchayats Act, 1996, Lokpal and Lokayukta Act

Crucial Bills And Amendments for IAS Prelims 2017: The Union Public Service Commission (UPSC) will conduct the civil services (CS) preliminary examination on June 18 this year. It is one of the most esteemed and toughest exams in the country. With a success rate of 0.1- 0.3 percent of the total percentage of candidates who apply, it is really difficult to nail the examination.

This article covers some of the most important Bills and Amendments which will help you for your upcoming IAS Prelims Preparation.

Crucial Bills And Amendments for IAS Prelims 2017: Panchayats Act, 1996, Lokpal and Lokayukta Act 2016

Today we will discuss the next two bills. Below mentioned is the explanation of the the next two topics i.e Panchayats Act, 1996, Lokpal and Lokayukta Act 2016.

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PESA, 1996

Introduction

The Provision of the Panchayat (Extension to the Scheduled Areas) Act, 1996 popularly known as PESA was enacted to bring the Scheduled Areas in nine States of the country under the purview of national framework of Panchayat. Scheduled Areas are areas identified by the Fifth Schedule of the Constitution of India. Scheduled Areas are found in ten states of India which have predominant population of tribal communities. The Scheduled Areas, were not covered by the 73rd Constitutional Amendment or Panchayati Raj Act of the Indian Constitution as provided in the Part IX of the Constitution. PESA was enacted on 24 December 1996 to extend the provisions of Part IX of the Constitution to Scheduled Areas, with certain exceptions and modifications. PESA sought to enable the Panchayats at appropriate levels and Gram Sabhas to implement a system of self-governance with respect to a number of issues such as customary resources, minor forest produce, minor minerals, minor water bodies, selection of beneficiaries, sanction of projects, and control over local institutions. PESA is an Act to provide for the extension of the provisions of Part IX of the Constitution relating to the Panchayats and the Scheduled Areas.

Objectives

PESA was viewed as a positive development for tribal communities in Scheduled Areas who had earlier suffered tremendously from engagement with modern development processes and from the operation of both colonial laws and statutes made in independent India. The loss of access to forest, land, and other community resources had increased their vulnerability. Rampant land acquisition and displacement due to development projects had led to large scale distress in tribal communities living in Scheduled Areas. PESA was seen as a panacea for many of these vulnerabilities and sought to introduce a new paradigm of development where the tribal communities in such Scheduled Areas were to decide by themselves the pace and priorities of their development.

Salient feature of the Panchayats (Extension to the Scheduled Areas) Act, 1996 (PESA)

• Legislation on Panchayats shall be in conformity with the customary law, social and religious practices and traditional management practices of community resources
• Habitation or a group of habitations or a hamlet or a group of hamlets comprising a community and managing its affairs in accordance with traditions and customs; and shall have a separate Gram Sabha.
• Every Gram Sabha to safeguard and preserve the traditions and customs of people, their cultural identity, community resources and the customary mode of dispute resolution.
• The Gram Sabhas have roles and responsibilities in approving all development works in the village, identify beneficiaries, issue certificates of utilization of funds
• Gram Sabhas or Panchayats at appropriate level shall also have

– Powers to manage minor water bodies

– Power of mandatory consultation in matters of land acquisition;

– Powers to control institutions and functionaries in all social sectors and local plans.

– Resettlement and rehabilitation and prospecting licenses/mining leases for minor minerals

– Power to prevent alienation of land and restore alienated land

– Regulate and restrict sale/consumption of liquor

– Manage village markets, control money lending to STs and

– Ownership of minor forest produce.

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The Lokpal and Lokayuktas (Amendment) Bill, 2016

The Lokpal and Lokayuktas (Amendment) Bill, 2016 was introduced in Lok Sabha on July 27, 2016 by the Minister for Personnel, Public Grievances and Pensions, Dr. Jitendra Singh.

Objectives

The bill seeks to amend the Lokpal and Lokayukta Act, 2013 which provides Lokpal (at Centre) and Lokayukta (at States) statutory backing to inquire into allegations of corruption against certain public functionaries and for related matters.

Salient Features

• The Lokpal to consist of a Chairperson and a maximum of eight Members, of which fifty percent shall be judicial Members. Fifty per cent of members of Lokpal shall be from amongst SC, ST, OBCs, Minorities and Women.
• The selection of Chairperson and Members of Lokpal shall be through a Selection Committee consisting of –a.) Prime Minister;b.) Speaker of Lok Sabha;

  c.) Leader of Opposition in the Lok Sabha;

  d.) Chief Justice of India or a sitting Supreme Court Judge nominated by CJI;

  e.) An eminent jurist to be nominated by the President of India

• The Lokpal Act requires a public servant to declare his assets and liabilities, and that of his spouse and dependent children. Such declarations must be made to the competent authority within 30 days of entering office. Further, the public servant must file an annual return of such assets and liabilities by July 31st of every year. The Lokpal Act also mandates statements of such declarations be published on the website of the relevant Ministry by August 31 of that year.
• The Bill replaces these provisions to state that a public servant will be required to declare his assets and liabilities. However, the form and manner of making such a declaration will be prescribed by the central government.

Over here we conclude our article on Crucial Bills And Amendments for IAS Prelims 2017. Stay tuned with us for the rest of the topic that we will discuss day by day. 

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