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Kerala Government
Kerala Government
India is a federation of twenty-five states and six
union territories. As set forth in the constitution, the country is
governed by the central and state governments. The government of the
centre is vested in the President and a Ministry headed by the Prime
Minister. Likewise the government of the state is looked after by a
Governor and a Ministry lead by the Chief Minister.
THE GOVERNOR
The Governor is the Head of the state and in him is vested all
executive powers of the state. By the seventh constitutional
amendment a person can be appointed Governor in one or more states.
The term of office of the Governor is for five years or until such
times as he enjoys the confidence of the President.
A person can be appointed Governor only if he is above thirty five
years of age. He shall not be a member of either the Parliament or
of the state legislatures. In case a member either of the Parliament
or state Legislatures is appointed Governor, he forthwith ceases to
be a member. The Governor shall draw a salary of Rs. 11,000. In
addition, he will enjoy other allowances and a rent free official
residence called Raj Bhavan. The present Governor of Kerala is Dr.
Swarup Singh, who assumed office on the 12th of February 1990.
The Governor enjoys executive, legislative, financial judicial and
discretionary powers. He exercises these powers in consultation with
or under the guidance of the Chief Minister and the Ministry. But in
the exercise of his discretionary powers, he is not subject to the
advice of the Chief Minister and other Ministers. The chief
executive powers of the Governor include the appointment of the
Chief Minister and on his advice other Ministers, the Advocate
General and members of the Public Service Commission.
The state legislature is summoned, prorogued and dismissed by the
Governor in the exercise of his legislative powers. Without his
assent no bill becomes law, except those for which the President's
assent, according to the constitution, is necessary. Whenever the
Governor is convinced that action on any matter is urgently needed,
he can issue ordinances, if the legislature is not in session. Such
ordinances will have the force of laws and will have to get the
approval of the state legislature in its session. At the first
session of the legislature after the general election and its first
sitting at the beeginning of every year, the Gover-enor has to
address the House. This speech is significant as it announces the
major policies of the government.
Without his consent, it is not possible to present the annual budget
in the legislature. Likewise without his express consent it is not
possible to bring forward new tax proposals or recommend enhancement
of expenditure. All judicial officers of the state other than those
of the High Court, are appointed by the Governor. He also exercises
the right to give pardon and remit punishments.
Whenever the Governor is convinced that the state government has
failed .to carry out its constitutional obligations, he can report
the matter to the President and impose President's rule in the state
according to the provisions of the constitution. Judged by this
constitutional provision it is seen that the Governor enjoys more
discretionary powers than the President. But the future of democracy
would be endangered if such discretionary powers are exercised for
the party that rules the centre. Besides, the Governor is the
ex-officio Chan-cellor of all state Universities, save central
Universities.
Although, according to the provisions of the constitution, the
Governor is the head of the state, he is at once the agent of the
central government. More often than not, the Governor exercises his
discretionary powers in response to the behest of the centre.
According to the provision 163 of the constitution, the Governor is
not obliged to consult the Chief Minister or the Ministry, whenever
he exercises his discretionary powers. In short, the Governor acts
not only as the head of the state, but also as a link between the
state government and the centre. When the state lapses into the
President's rule, the Governor administers the state on the advice
of the central government. In recent times, the status of the
Governor has much waned on account of indiscriminate transfer of
Governors, just like any other officer of the state.
After the creation of the state of Kerala, it has been headed by ten
able Governors.
THE CHIEF MINISTER
The Chief Minister Sri. E.K. Naya-nar is the defacto executive head
of the government. He is on a par with the Prime Minister in Powers
and status as far as the state is concerned. As the leader of the
ministry, the Chief Minister presides over its meetings. He is the
leader of the majority party in the House. The Governor invites the
leader of the majority party in the legislature or the leader of the
majority of legislators who support him to form the ministry. The
resignation of the Chief Minister is deemed the fall of the whole
ministry. It is he who decides what matters to givie the floor. All
these show, that the Chief Minister exercises those powers which the
Prime Minister at the centre enjoys. Nevertheless, in actual
practice he does not enjoy such unlimited powers.
In this capacity as the head of the government, the Governor
appoints other Ministers on his advice. Their portfolios are
determined and in case of need a re-allocation of portfolios is made
by him. If any Minister disagrees with the policy of the government,
then the Chief Minister can demand his resignation. If he refuses to
abide by the Chief Minister's decision, then the latter can advice
the Governor for his dismissal. On the day to day affairs of the
state and on the new legislative measures, it is the Chief Minister
who informs the Governor.
It is with the knowledge of the Chief Minister that other Ministers
meet the Governor and the Governor other Ministers for official
purposes. All official bills and motions presented in the state
legislature should have the prior permission of the Chief Minister.
When he treasury bench comes under opposition fire, it is the Chief
Minister who answers it. Likewise it is the responsibility of the
Chief Minister to come to the rescue of the Minister from the
attacks of the opposition. Being the leader of the majority party,
he is responsible for maintaining discipline among the members in
the legislature. He plays quite a vital role in appointing the
'whip' and in the matter of giving whips to the members of his pary.
Under normal circumstances, even the appointment of a Governor to
the state is made only in consultation with the Chief Minister. He
is free to tender this resignation any time and suggest any other
person to form a ministry, or advice the Governor to dismiss the
legislature.
Theoretically though the Chief Minister is vested with such
unlimited powers under the constitution, he can exercise them in
letter and spirit only if the following situations are available to
him. The party that rules at the centre and in the state is one and
the same; absence of any political rival in the party that rules in
the state; wholehearted support to the Chief Minister in the
Legislature party; esistence of single party rule in the state; in
the case of coalition the Chief Minister must act as a good diplomat
to carry' conviction to the partners; to rule in co-operation with
the centre; and the party which the Chief Minister represents should
have sufficient strength in the Central Legislature.
The actual powers enjoyed by the Chief Minister in a coalition
government are limited by several factors. The coalition partners
actually choose their own Ministers and the Chief Minister has but
to accept them. Likewise the portfolios are also determined so as to
suit the whims of the partners. The decisions taken by the Ministry
will all be matters earlier discussed and agreed to by the partners
in the Liason Committee in which all partners are members. The
strength of the coalition ministry itself is dependent on the unity
among the partners.
And therefore the Chief Minister is forced to ensure confidence in
all the partners as well as members of his own party.
STATE LEGISLATURE
All the states of India have legislatures with not fewer than 60 and
more than 500 members, directly elected by the people. Some of the
Indian states such as Karnataka, Punjab, U.P., Jammu & Kashmir,
Tamil Nadu have for their legislature an upper house called
'Legislative council' in addition to the lower house called
'Legislative Assembly.'
Kerala Legislature has a unicam-eral legislature. The members of the
Kerala Legislative Assembly are directly elected through secret
ballot from 140 constituencies, having more or less equal number of
people. In addition to the members directly elected by the people,
there is one Anglo-Indian representative, making the total
membership 141. It has 20 members in the Rajya Sabha.
The Legislative Assembly has a tenure of five years, unless
dismissed earlier. In times of emergency its life may be extend for
one more year. After the lifting of emergency, its life cannot be
extended for more than six months.
All adults above the age of eighteen are eligible to vote at
elections. People who have completed 25 years of age alone can
contest elections and become members of the Assembly. However,
without the support of a political party, it is will nigh impossible
to win elections.
SPEAKER AND DEPUTY SPEAKER
Each Legislative Assembly elects from among its members a Speaker
and a Deputy Speaker. The legislative proceedings are controlled by
the Speaker and in his or her absence by the Deputy speaker. The
Speaker or Deputy Speaker can tender his or her resignation by means
of a resignation letter. The resignation letter must be addressed by
the speaker to the Deputy speaker and vice versa.
A Speaker or Deputy Speaker may be removed from office through a
motion tabled on the floor of the house and supported by majority
vote of the members present. Such a motion can be moved only with 14
days notice. When such a motion to remove the Speaker or the Deputy
Speaker is discussed the Speaker or the Deputy Speaker cannot occupy
the chair.
Although, the Speaker is elected to power by the treasury bench,
once elevated to that position, he is expected to protect the powers
and rights of all the legislators. The Speaker does continue to be
so even after the dissolution of the house until the first sitting
of the newly elected legislature, after the general election. The
present Speaker is Sri. Varkala Radhakrishanan and Dy. Speaker Mrs.
Bhargavi Thankappan.
RIGHTS OF THE MEMBERS
For a speech made in the Assembly, a memeber cannot be sued in a
court of law. The Assembly is authorised by the constitution to make
the rules and regulations governing the rights the powers of the
house, of its members and also of its committees. Until thhe
enactment of such rules, they will be governed on the basis of the
rules followed in the British House of Commons. One tenth of the
total members of the House or ten whichever is larger becomes the
quorum of the House.
THE POWERS OF THE ASSEMBLY
The' Kerala Assembly enacts laws in respect of all matters falling
within the state list. In regards to the subjects included in the
concurrent list, although the Legislative Assembly and the Central
Legislature have coequal rights of legislation, the state
legislature has no right to enact any law, if the Parliament had
already legislated on any such subject earlier. Yet the Parliament
has the right to made laws on any of these subjects even if the
state legislature had made an enactment earlier.
With reference to the powers of the state legislature there exist
certain restrictions. All laws passed by the Assembly do come into
force only on getting the assent of the President where such an
assent as provided for in the constitution, is necessary. When
Presidents rule is imposed in a state, the legislative powers of the
Assembly are taken over by the Central Government. The Parliament
gets the power to make laws, if the Rajya Sabha by a two thirds
majority passes a motion declaring a subject falling within the
state list as of national importance. The constitution also provides
that legislation on certain subjects can be made only with the prior
permission of the President. This also circumscribes the powers of
the State Assembly.
PERMUTATIONS AND COMBINATIONS OF DIFFERENT MINISTERIES FROM 1950
On January 26, 1950, when India was proclaimed a Republic and the
new constitution came into force, Travancore-Cochin, along with
other Indian States, became a constituent unit of the Union of
India. General elections were held to the State Assembly in December
1951 along with the rest of India, but no party secured an absolute
majority. The indian' National Congress which secured 44 seats out
of a total of 108 formed a ministry under the Chief Ministership of
Sri. A.J. John. The ministry which assumed office on March 12, 1952
was voted out on September 23, 1953 and the Assembly was dissolved
the next day. The Ministers, however, continued in office till the
elections were held in January-February, 1954. Again no single party
could secure a majority of seats. The 19 member Praja Socialist
Party headed by Sri. Pattern A. Thanu Pillai formed the Ministry
with the support of the Congress Party which had 45 members. The
ministry assumed offfice on March 17, 1954, but made its exit in
February 1955 when it was defeated in the Legislature. The Congress
Party, with Sri. Panampally Govinda Menon as Chief Minister, then
formed the Ministry, and this ministry was in power till March 23,
1956, when due to the resignation of six members from the party, the
ministry could no longer command a majority in the Legislative
Assembly, and the state for the first time passed on to the
President's rule on the recommendation of the Rajpramukh. The
Assembly was dissolved simultaneously.
The state in the meanwhile underwent a major change both politically
and constitutionally. The State's Reorganisation Act came into force
and the new state of Kerala was brought into existence on November
1, 1956. Kerala was thus born under President's rule. The first
general elections to the Kerala Legislative Assembly were held in
February-March 1957. There were 126 seats alloted to the Assembly.
The elections put into office the first Communist Ministry in India,
with Sri. E.M.S. Namboodiri-pad as Chief Minister. The ministry
assumed office on April 5, 1957.
The installation of a Communist Ministry in Kerala through the
ballot box attracted wide interest not only within India but even
abroad. Events, however, moved fast and a "liberation struggle"
launched by the opposition parties and others brought about the
down-fall of the government. The President dismissed the ministry
and dissolved the Assembly on July 31, 1959. The state again went
under President's rule. The dismissal of the ministry raised a
number of constitutional issues, the most important being whether a
ministry which continued to enjoy majority support in the
Legislature could be dismissed under Article 356 of the
Constitution. While the debate on this went on, fresh elections were
held in February 1960. In the elections, the Congress Party, which
had forged an alliance with the Praja Socialist Party and the Muslim
League secured 94 seats. The elections brought into office the first
Coalition Congress-P.S.P., government in the state. Sri. Pattom
Thanu Pillai of the Praja Socialist Party headed this coalition.
Following the appointment of Sri. Pattom Thanu Pillai as Governor of
Punjab, the minor coalition partner left the government. Sri. R.
Sankar, Congress, became Chief Minister. Instability arising out of
internal differences led to the fall of the ministry, two years
later. The state came under President's rule on Sept. 10, 1964 and
the Assembly was dissolved. Fresh elections to the Assembly were
held in 1965. But these elections did not result in a secure
majority to form a government. President's Rule continued till March
1967. This was the longest spell of President's rule in the state.
In the general elections held in March 1967, the United Front led by
the Communist Party of India (Marxist), won 117 out of 133 seats in
the Assembly. The new ministry under the leadership of Sri. E.M.S.
Nam-boodiripad assumed office on March 6, 1967. The ministry soon
ran into rough weather. One of the ministers belonging to the Indian
Socialist Party first resigned in May 1969 to face a judicial
enquiry, ministers belonging to the C.I.P., the M.L., the RSP, the
ISP and the KTP resigned in October 1969, and the Chief Minister
himself resigned on November 1, 1969. A sudden realignment of
political parties took place and a coalition ministry consisting of
the Communist Party of India, Indian Socialist Party, Muslim League,
R.S.P. and the Kerala Congress assumed office on November, 1, 1969.
Sri. C. Achutha Menon of the Communist Party of India who was then a
member of the Rajya Sabha headed the new cabinet. (Sri. Achutha
Menon was later elected to the Assembly from the Kottarakkara
Constituency). In order to seek a fresh mandate from the people, the
Chief Minister advised the Governor to dissolve the Assembly. The
Assembly was dissolved on June 26, 1970. The ministry resigned on
August 1, 1970. The state came under President's rule from August 4,
1970.
Elections to the Legislative Assembly were held on September 17,
1970. The United Front was returned to power with a big majority.
Sri. C. Achutha Menon formed the Ministry again which assumed office
on October 4, 1970. The life of the Assembly was extended for a
total period of eighteen months, in three stages, between October
22,1975 and March 22, 1977.
In March 1977, fresh elections to the Legislative Assembly were
held. Consequent on new delimitation of constituencies, the number
of elected members in the Assembly rose from 133 to 140. In the
elections, a United Front consisting of the Indian National
Congress, Muslim League, Revolutionary Socialist Party, Communist
Party of India, Kerala Congress, supported by the National
Democratic Party and the Praja Socialist Party was voted to power. A
two member cabinet with Sri. K. Karunakaran as Chief Minister and
Sri. C.H. Mohammed Koya as Minister for Finance was sworn in March
25, 1977. 13 Ministers joined the cabinet on April 11, 1977. Sri.
Karunakaran resigned on April 25, 1977 to be succeeded by Sri. A.K.
Antony who assumed office on April 27, 1977 when Sri. A.K. Antoy
resigned on October 27,1978. Sri. P.K. Vasude-van Nair of the CPI
became Chief Minister. Political developments on the national plane
led to new political alignments in Kerala. But on October 17, 1979
the Cabinet stepped down. A new ministry under the leadership of
Sri. C.H. Mohammed Koya was sworn in on October 12, 1979, only to
quit on December 1, 1979. The Assembly was dissolved on November 30,
1979 'and the state was placed under President's Rule on December 5,
1979. ..
Kerala went to polls next on January 21, 1980. The Left Democratic
Front led by the Communist Party of India (Marmist) secured a
majority and the ministry headed by Sri. E.K. Nayanar. came to power
on January 25, 1980. When the Indian National Congress(U) and the
Kerala Congress partners of the front, withdrew their support, the
Nayanar Ministry resigned on October 20, J981 and the. state came
under the spell of President's rule. The Assembly was kept under
suspended animation. A political realignment again took place with
Kerala Congress joining the United Democratic Front. A new ministry
under the leadership of Sri. K. Karunakaran assumed office on
December 28, 1981. The Ruling Front and the opposition consisted of
seventy members each. The ministry resigned on March 17, 1982 as it
lost its majority when one member of the ruling front withdrew his
support. The Assembly was subsequently dissolved on March 17, 1982
and the state was once more placed under President's Rule.
Elections were again held on May 19, 1982. The United Front led by
the Indian National Congress(I) was voted to power. The new ministry
under thhe leadership of Sri. K. Karunank-aran was sworn in on May
24, 1982. After remaining in office for a relatively long spell, it
resigned on 25th March 1987.
Thus Kerala has all along been having coalition ministries of the
United Democratic Front or the Left Democratic Front. Te United
Front coalition ministry which came into office on October 4, 1970
consisting of the Indian National Congress, the Communist Party of
India, the Revolutionary Socialist Party, the Muslim League and the
Praja Socialist Party, with Sri. C. Achutha Menon as Chief Minister,
created a record in Kerala's political party by remaining in office
for more than 6 years. The coalition system in Kerala took firm
roots during the Achutha Menon Ministry. It demonstrated that if
there was the right approach and attitude to government, free from
party considerations and personal ambitions, a coalition government
could provide stability and produce remarkable achievements.
The Kerala Legislative Assembly's legislative record, during the
last twenty five years, will do credit to any legislature. It placed
on the Statute Book over 700 laws covering seven Assemblies so far.
Among the more notable legislative enactments are the land reform
measures, laws to reconstruct and reorient education at the school
and college levels, labour laws including welfare measures for the
working class. The four University Acts, namely, the Cochin
University Act and the Kerala Agricultral University Acts of 1971,
the Kerala University Act of 1974, and the Calicut University Act of
1975, were intended to streamline education and to broad-base
university administration, having regard to the changing needs of
society in this highly litereate state. The Kerala Agricultural
Workers Act of 1974, which has been hailed as the Magna Carta of
agricultral workers was a pioneering effort to promote workers
rights in an area where un-certainty of wages and insecurity of job
are emdemic. A number of welfare measures for workers in other
occupations such as fisheries, cashew factories etc. have also found
place in the Statute Book. Kerala, it may be truthfully said, has
made earnest efforts to implement some of the directive principles
enshrined in the constitution.
The membership of the Assembly has generally come from a wide cross
section. As the years progressed a majority of them, have come from
younger generation and have been earnest and diligent participants
in debates and discussions in the Legislature and its committees.
Many members of successive Assemblies have been actively associated
with student movements, trade union and Kisan organisations.
To observers outside the state, within India and abroad Kerala
presents a paradox. It was here that the communist government was
formed, the party having been voted to power through the ballot box.
With a highly intelligent and politically conscious electorate,
Kerala has established that multi-party coalition governments can be
durable. The Achutha Menon Ministry out-lasted its allotted tenure
under the constitution. Kerala is the only state in India where a
general election (1965) failed to place in power a government.
Political parties from clear-cut alliances before a general
election, so that the voter has his choice well marked-out. Every
political party has shared power in the state one time or the other.
Notwithstanding complex political alignments forming government,
administrative cohesion has not been seriously disturbed.
It is a tribute both to the people of the state and their chosen
representatives in successive Legislative Assemblies that in spite
of occasional shocks democratic rule in Kerala has survived and the
Parliamentary system has sustained.
PRESIDENT'S RULE IN KERALA
The State of Travancore-Coochin came under the President's rule on
March 23, 1956 vide Notification No. 1131 dated 24-3-1956 in the
Government Gazette and it continued till April 5, 1957, after the
formation of the State of Kerala on November 1, 1956.
The present Legislative Assembly has Sri. Varkala Radhakrishnan (CPM)
as its Speaker and Smt. Bhargavi Thankappan (CPI) as its Deputy
Speaker. The Government Chief Whip is Sri. K.P. Aravindakshan (CPM).
The -Leader of the opposition is Sri. K. Karunakaran (Congress I)
and opposition Chief Whip is Sri. M.M. Hassan.
JUDICIARY
Although India is a federation, unlike other federations, it does
not have a dual judicial system. The apex body in the judicial
system is the Supreme Court. As far as Kerala is concerned (as it is
true with any other state) the Supreme Judicial body is the High
Court. Below the High Court there are different types of civil and
criminal courts.
For the Kerala High Court, there is one Chief Justice and two-three
other judges. judicial system for a minimum period of ten years
either as a Judge or an advocate. The Chief Justice of the High
Court has a salary of Rs. 10,000 and other judges have Rs. 8,500
each. Unless otherwise removed by having recourse to due process of
law, a judge continues in office up to his sixty second year of age.
The judges of the High Court and the Supreme Court are removed
through the same procedure as laid down in the constitution.
The High Court of Kerala is empowered to protect and enforce the
fundamental rights within its jurisdiction. In the exercise of these
powers it has the authority to issue writs of Hebeas Corpus,
Mandamus, Prohibition, Quo warrant and other directions or
suggestions as it may deem fit.
Whenever, there is a despute over the right to try cases between the
civil and criminal courts, the High Court by virtue of its right of
examination takes a suitable decision in this matter. In the
exercise of the right, the High Court has the power to stop the
proceedings of a subordinate court. Likewise in the event of an
arbitrary proceedings of a subordinate court refusing a respondent
the right to explain and produce evidence in his defence, the High
Court can interfere and stay the proceedings initiated against such
a litigant by the subordinate court. All the judges of the High
Court are appointed by the Chief Justice. But the laws framed for
fixing the salary, allowances and pension of a judge are to get the
assent of the Governor.
LOWER COURTS
Below the High Court there are such subordinate courts as District
Court, Munsiff's Court, District Magistrate Court, and First, Second
and Third Class Magistrate courts. Courts at the District level are
called District Sessions Courts. Civil cases are decided by the
District Courts. Sessions Courts deal with criminal cases. A
District Judge who tries criminal cases in the sessions court can at
once act as a Sessions Judge. When he tries civil cases he exercises
the powers of the District Judge and when he tries criminal cases he
exercises the powers of the Sessions Judge.
A person not in the service of either the central or state
government can be appointed a District Judge, only if he has served
as an advocate or pleader for a period of seven years and his
appointment recommended by the High Court. The Public Service
Commission after due consultation with the High Court recommends the
appointment of all judges in the Judicial system except the District
Judges and the Governor in turn, makes the appointment, as per rules
framed to that effect by him.
TRIBUANALS
Over and above, the civil and criminal courts, Tribunals also
function in the state to deal with certain special laws.They are
laws governing Universities, co-operatives, damages from motor
accidents, forests, law and order, sales tax, and corruptions in
public service. Ordinarily a District Judge will preside over such
tribunals. This arrangement is made to lighten the work of the High
Court Judges and also to deal with laws of a special nature more
efficiently.
PANCHAYAT ADMINISTRATION
Kerala from ancient times had local governments such as Tarakuttam,
Nattukuttam and Desakuttams. But modern system of Panchyat
administration began in Cochin in 1914 with the Cochin Village
Panchayat Act, in 1925 in Travancore with Travancore Village
Panchayat Act, and in 1950 in Malabar as per Malabar Panchayat Act.
A common Panchayat Law was enacted in Kerala only in 1960. The
Kerala Panchayat Act of 1960 came into force only on January 1,
1962. There are at present 1001 Panchayats in Kerala governed under
the provisions of this Act. The Panchayat Raj though officially
inaugurated in Kerala at Ernakulam on January 18, 1960 by Jawaharlal
Nehru, did not came into operation its real form till now.
The Panchayat administration is the responsibility of the panchayat
Samiti. The members of the Samiti are directly elected by Panchayat
wards. Seats are reserved for scheduled castes and tribes and also
women. The tenure of the Samiti is normally five years. Still the
state government has- the right either to extend the term of or
dismiss the Samiti earlier under special circumstances.
It is the Panchayat Samiti that elects the Panchayat President and
the Vice President. The administration of the Panchayat is looked
after by the President, The Vice President and the Councillors. The
President presides over the meetings of the Panchayat Samiti and
answers the questions raised by the members of the Samiti, on
administration. The President may be removed by the Samiti by means
of a resolution passed by a two-thirds majority of the members of
the Samiti. The Samiti has to meet at least once in a month. In
proportion to population the Samiti will consist of a minimum of
five members and a maximum of fifteen members.
On the basis of income, the Panchayats of Kerala are divided into
four grades. Panchayats having an annual income of more than one
lakh of rupees are Special Grade Panchayats, those having an income
ranging from fifty thousand and one lakh rupees are First Grade
Panchayats, others with an income ranging between twenty thousand
and fifty thousand rupees are Second Grade Panchayats, and those
below twenty thousand rupees as income are Third Grade Panchayats.
The day-to-day administration of a Panchayat is carried on by the
Executive Officer. It is he who implements the decisions of the
Samiti and maintains the official records of the Panchayat. An
Executive Officer may be recalled by the government if a decision to
that effect is made by a two-thirds majority of the Samiti.
The major sources of income to the Panchayat are professional tax,
house tax, vehicle tax, licence fees, property tax and other
dealings, recreation tax, share of revenue and government grant.
The most important works of the Panchayat are connected to village
sanitation, electricity, conservancy, agricultural work, animal
husbandry, establishment of markets, construction and maintenance of
roads, minor irrigation, adult education, social education etc.
The Panchayat Director is the Head of the Panchayats. He has
considerable powers to control, regulate and examine the work of the
Panchayats. The Local Fund Audit Department is responsible for
auditing the income and expenditure of the Panchayats. The
restraining influence of the Director and the audit department
seriously jeopardises the efficiency and democratic character of the
Panchayats.
Election to Panchayats
Local Self Government forms the very basis of the democratic system
of government. In order to assess popular will, it is necessary to
hold general elections to the local bodies within stipulated time.
But since independence, Kerala went to polls for three times in
1953, 1963 and 1979. But in seversl Panchayats, instead of holding
elections at correct intervals, Executive Officers Administer
Panchayat affairs for quite long periods. In the elections to
Panchayats, political parties have much liverage.
From the elections of 1979, all adults above the age of eighteen
years are eligible to vote at elections . This age group had 20%
representation in the electorate. The Marxist Party wields
considerable influence in Panchayat elections.
MUNICIPALITIES
Kerala has 41 Municipalities. These came into existence according to
the provisions of the Kerala Municipality Act, 1960. The
Municipalities in Kerala are graded into First Grade, Second Grade
and Third Grade. The state government has the power to raise the
status of any Municipality. The Municipalities having an annual
income of ten lakhs or more were designated First grade, those
between five lakhs and ten lakhs were grade and those below as Third
Grade.
The apex body of a Municipality, is the Council and its members are
directly elected by the people. The total members of the council has
the power to appoint an expert in administrative matters as
Municipal Councillor. Seats' are reserved for Scheduled Castes and
Scheduled Tribes and women in the Council. The tenure of the house
is for five years, which may be extended or reduced by the
government in special circumstances.
According to the Municipalities Act of 1960, all Municipalities are
to have Standing Committees. The members of Standing Committees are
elected by the Municipal Councillors from among themselves. The
powers and responsibilities of the standing committees are
determined by the laws framed by the Municipal Council. The Standing
Committees also function under the laws so framed.
The members of the Municipal Council elect its Chairman and Vice
Chairman from among themselves. By means of a resolution passed by a
majority of the Council the Chairman or Vice Chairman can be removed
from office.
The Chief Executive Officer of the Municipality is the Municipal
Councillor appointed by the government. His service conditions are
determined and disciplinary actions are initiated against him by the
government. He is the head of all the employees of the Municipality.
The accounts of the Municipality are audited by the Local Fund Audit
Department.
CORPORATION
Kerala has three Corporations in Trivandrum, Cochin and Calicut. The
administrative functions of the Corporation are carried out by the
Corporation Samiti, with the Mayor as the Chairman. For purpose of
election, each city is divided into several wards. The people elect
the Councillors throgh direct election. Here also seats are reserved
for Scheduled Castes and Scheduled Tribes and women.
The Corporation Council serves as the legislative body of the
Corporation . The tenure of the office is for five years. But under
certain circumstances, the life of the Council could be extended by
the government. The Councillors elect from among themselves a person
as Mayor. He presides over the Council. He is the first citizen of
the city. The strength of each council is fifty. The council has the
power to recommend to the government the removal of a Commissioner
through a resolution passed by two thirds majority. The duties of
the Corporation, relate to the activities connected with public
health, maramat, small scale irrigation, conservancy and drinking
water supply.
PARTY SYSTEM
The concept of democracy is unthinkable and irrational without party
system. A healthy interaction of political parties in a system
produces consensus which is the soul of effective participation.
This is seldom experienced in Kerala. The absence of a stable
opposition in the state points to the weakness of the political
infrastructure of Kerala.
Political parties try to reflect the society, in miniature. It is a
social group, a system of meaningful and patterned activity within
the larger society. Goals, tasks and communication channels are so
important for modern political party. It is both a social
organisation and decision-making system. The Kerala party politics
has to be analysed not in its structural and institutional approach,
but in its meaningful behavioural approach.
Kerala is widely known as a unique laboratory of political
experiments. Its behaviour, shifting the balance between the
Communist culture and the Congress culture and the induction of
regional and sub-regional cultures as strong 'shock absorbers' has
eluded easy analysis. Needless to say, of the political instability,
mushroom growth of political parties and pressure groups, defection
and dissent aided by caste, personal and regional considerations and
the appeals of coalition and agitational styles of politics.
State politics in Kerala is reputed for its exclusive features and
its modulating tendency in the choice of political alternative. With
a record in literacy (compared to national average) and a high
density of population, political socialisation went in a peculiar
manner. It elected the Communists for the first time through the
ballot box in 1957. But the institutionalisation of casteism and
parochaialism in the minds of the voters was undoubtedly very high.
Since independence, and after the State Reorganisation, Kerala went
to polls for a record number. The average span of the State assembly
was rated little less than 21/2years. It had nine elections to the
assembly and fourteen governments between 1957 and 1987. Almost all
the major, medium and even minor parties of all socio-political
shades had the opportunity to serve the state at one time or other,
(see appendix I). Defection and splinter group formations, are as
old as state politics. Presently, Kerala possesses more than thirty
nine distinct groups, of which hardly a dozen are national parties,
a third are state regional parties and others unrecognised, but
manageable and influential political groups (see Appendix II).
The major trends highlighting the political scene are the inducement
of caste factor in political parties, parochial and regional
diversities, agitational style of politics acknowledged by the
political forces, inevitability of 'Group Politics and the absence
of strong leadership or consensus, political socialisation between
the traditional rivals, viz., the Congress and the Communists, the
exposure of extreme leftism and its failure, the working-arrangement
of coalitionism, the defectional nature among parties (non-Communist
forces particularly) and the culmination of the sectarian and
regional forces in the polity etc. Of late multiplicity of these
complex factors has offered stalemate in the political culture.
Conversely, it appears to be a conservative working arrangement that
has been conducted and accommodated by the political parties as well
as groups and electorate in the state.
Casteism and communalism has been genuinely institutionalised in the
political system of Kerala. This has gone to grass-root level in the
state. The four major communal organisations are those of the Nairs,
the Ezhaves the Christians and the Muslims. Most of these communal
interest-groups have developed their political arms. Accordingly the
Muslims have been AIML and IUML, the Ezhavas the SRP, the Nairs the
NDP and the Christians the KC(M) and KC(J) and others a number of
similar splinter political organisations. One interesting aspect
behind the 'caste culture' is that it is accommodative to the
diverse forces of the society. The rightists as well as the leftists
have cashed in on them . Also we can find that a good chunk of low
and middle class Ezahavas are with the Communists CPI(M), while the
Harijans also divide their loyalty between the Communists and the
Congress.
Communalism produced its output in the form of parochial and
regional diversity. The regional division of Travancore, Cochin and
Malabar brought forth historical and social factors to play major
roles. The educationally advanced Travancore, the princely ruled
Cochin and socially backward Malabar offered diverse social
phenomena. Except the uniformity in language (Malayalam. spoken by
80% of the population), the under-currents of socialisation were
radically different. The social, geographical, economic and
historical disparities of these three regions profoundly influenced
political stability. Since the emergence of Communists and Muslim
League, Malabar began to play an effective role in the state. While
the inevitability of coalitionism, which has a working record of
about 25 years, enabled the Kerala Congress and its groups to act
significantly, sub-regionalism re-emerged in Travancore. While
Cochin remained a strong Congress fortress, Malabar continued under
the stronghold of Communism.
Another specific feature of party system in Kerala is the
agitational style of politics. It is difficult to draw a line of
demarcation between pressure groups and politicalparties. The
fragmentation tendency among political parties and the discontent
among them created numerous groups with fissi-parous tendencies.
Already the communal groups, which traditionally performed the
functions of interest groups elevated itself to political roles.
Thus social groups, the economic interest groups apart from communal
groups, began to organise what is sparsely termed as political
parties. The effect is naturally reflected in the political scene of
Kerala.
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