The uneasy relationship between panchayats and DGHC-GTA

SANDIP C. JAIN, EOI, 13 June 2023 : The Darjeeling Hills have always been an exception in the Political History of India. 

From its initial year till the Independence, Darjeeling District was a “Non- Regulated Area” (where acts and regulations of the British Raj did not automatically apply in the district in line with rest of the country, unless specifically extended).

From 1862 to 1870, the nomenclature of “Non-Regulated Area” was changed to “Regulated Area.” 

The phrase “Non-Regulated Area” was again changed to “Scheduled District” in 1874 and again to “Backward Tracts” in 1919. 

Later it was known as ”Partially Excluded Area” from 1935 until the independence of India. Irrespective of the term used, the fact remained that the Darjeeling Hills were considered different from other parts of India. After Independence, it was formally absorbed into the Union of India as per the Absorbed Areas Act 1954. It was only after this that Darjeeling became a part of mainstream India. 

Till 1988 and the signing of the Darjeeling Gorkha Hill Council Accord between Subash Ghisingh, the West Bengal Government and the Centre, Darjeeling followed the rest of India in every way. 

The formation of DGHC was a watershed, so to say, in the modern political history of this area. 

The DGHC became a new form of administrative unit, thereby once again giving it a unique status. Its uniqueness once again came into the forefront when the panchayat elections were declared in the hills after the formation of the DGHC, as per the requirements of the constitution. 

And what does Section 243-B of the Constitution say about the Panchayat Raj system; it says: “There shall be constituted in every State, Panchayats at the village, intermediate and district levels in accordance with the provisions of this part. ”

Was this section of the Panchayat Raj Act followed in the DGHC Area when the panchayat elections were held after the formation of the DGHC? No!! It was not followed; because of the fact that the leadership of the Gorkha National Liberation Front who had accepted the DGHC and were running the same felt that the Panchayati Raj system would encroach upon the powers and authority of the DGHC and erode its relevance.

Recognizing this as a legitimate grievance, as well as for the fear of toppling the apple cart, the Centre amended the Constitution and incorporated Section 243M (3) into it. 

The section reads: “Nothing in this Part(a) relating to Panchayats at the district level shall apply to the hill areas of the District of Darjeeling in the State of West Bengal for which Darjeeling Gorkha Hill Council exists under an law for the time being in force;(b) shall be construed to affect the functions and powers of the Darjeeling Gorkha Hill Council constituted under such law. 

Once again Darjeeling became an exception to the rule, that too with a Constitutional guarantee this time, with the government agreeing to have only a two-tier panchayat system in the Darjeeling hills rather than the three-tier system which was in force across the country.

In the year 2000, when Panchayat elections were last held in the hills of Darjeeling, even Section 243M of the Constitution was overlooked and only a single tier system was formed in the hills. 

Instead of the three-tier Zilla Parishad, Panchayat Samities and Gram Panchayats, which was a constitutional requirement, only the village level gram panchayats were constituted in the hills.

This single-tier system too was dispensed with in the year 2005 when Ghisingh threatened to relegate DGHC to the junkyard if panchayats were formed in the Hills of Darjeeling. The area under DGHC and later Gorkhaland Territorial Administration remained without the legally mandated panchayat system; despite it being unconstitutional as well as unfair to the rural population.

While the panchayat offices did exist and were operational for many panchayat related works, the fact remained that they were run by low level government staff rather than by elected representatives. The Executive Assistants became all powerful at the gram panchayat level. Now many readers would wonder why did Ghisingh and his party oppose in the hills the three-tier panchayat system? The answer is very simple, the elected panchayat samiti sabhapati at the block level would be more powerful than the councilors of DGHC and GTA councilors and the Zilla Parishad Savadhipati (Zilla Parishad Chairman)would definitely have a higher standing than the former DGHC or the current GTA chairman.

Besides, unlike the DGHC or the GTA, the Panchayati Raj is an integral part of the Indian Constitution and the panchayat system would definitely have more importance than the so-called state within a state. In effect, the former DGHC and the current GTA, are only just glorified Zilla Parishads; hence the opposition to the three-tier panchayat system in the hills by those at the helm of political affairs in the hills. There have been demands for a three-tier panchayat system in the hills from certain quarters, but till the Constitution is amended again this isn’t possible.

Circuitously speaking, the Constitution is already being violated in the Darjeeling district because of the fact that the Constitution mentions one Zilla Parishad per District while Darjeeling district indirectly has two: the GTA for the hills of the Darjeeling district, and Siliguri Mahakuma Parishad for the plains areas of the district. In effect both these administrative units are Zilla Parishads, if not technically.

Now with the declaration of the state-wide panchayat elections on July8, it seems that the hills will finally havea legitimate panchayat system even if it would still be a truncated one with only a two-tier panchayat system to be elected as per Section 243M (3). The rest of West Bengal will have a three-tier panchayat while Darjeeling and Kalimpong districts will have elections for only a two-tier system.

Kalimpong being the baby district it is the smallest amongst the 22 districts in West Bengal in all respects as far as the panchayat elections are concerned. It has only 42 gram panchayats, four police stations, 260 constituencies, 281seats, 263 polling stations and a voting population of only 175,932. The Darjeeling district fares a little better.

In comparison the district of South 24Parganas appears a giant with 310 seats,29 police stations, 5875 constituencies,5958 polling stations and a staggering57,74,482 voters. 

The Kalimpong and Darjeeling districts will be the two smallest districts for the coming elections, but the lack of numbers and lack in size will definitely not mean a lack of drama. 

With two political groupings clearly emerging in the hills, the Hamro Party,Gorkha Janmukti Morcha, BJP, GNLF combine along with a few other smaller parties, and the Bharatiya Gorkha Prajatantrik Morcha and Trinamool Congress combine, the political heat is all set to beat the record heat wave that this summer is witnessing. 

The emergence of the United Gorkha Alliance will no doubt challenge the might of the ruling BGPM and Trinamool, but the baggage that individual members of this grouping carry could be a serious hindrance to their dreams of coming back to relevance in hill politics. 

On the other hand, the ruling parties will have to battle the anti-incumbency factor, the public  perception that this alliance is against the statehood demand and the recent allegations of corruption in the Har Ghar Jal Yojna which could waylay their panchayat aspirations.

Though, if their performance in the GTA elections is any indicator, then it appears that this political combination is at the moment riding the strongest and the swiftest horse. 

It is irrelevant, however, who rides the swiftest horse. What is relevant and true is the fact that it would be rural people who will have to ride the slowest and the dumbest donkey if they do not use their votes wisely. 

This piece ends with the hope that the village level voters use the ballot to select the best candidate rather than exchange it for a bottle of whiskey or a round of khasi-bhaat (mutton rice) and a few hundred rupees. The choice is theirs. (The writer is Editor, The Himalayan Times, Kalimpong)