Panchkula

Fatehabad

Nuh

• Nuh previously called Mewat district is one of the 22 districts of Haryana State in Northern India. The district was carved as the 20th district of Haryana from erstwhile Gurgaon and Hathin Block of Faridabad districts on 4th April, 2005. though Hathin Sub-division was shifted to new district, Palwal in 2008. It is bounded by Gurgaon district on the North, Rewari district on the West and Faridabad and Palwal districts on the East. Nuh town is the headquarters of this district. The district occupies an area of 1859.61 km². The district has a population of 1089406 (2011 Census). Mewat is populated by the Meos, who are agriculturalists.

Charkhi Dadri

• Charkhi Dadri District is one of the 22 districts of Haryana state in north west India near Rajasthan border. Created on 18 September 2016, the district headquarters is the city of Charkhi Dadri. Previously in Bhiwani district, Charkhi Dadri became part of the new Charkhi Dadri district in 2016. The Government of Haryana state officially notified Charkhi Dadri as 22nd district of Haryana on 16 November 2016

Haryana Executive

• Chandigarh is the capital of Haryana and houses the Haryana Vidhan Sabha (Legislative Assembly) and the Secretariat. Chandigarh also serves as the capital of Punjab, and is a Union Territory of India.
• State Government of Haryana is the Supreme Governing Authority of Haryana and its 21 districts. It consists of an Executive, led by the Governor of Haryana, a Judiciary and a Legislature. Like other states in India, the head of the state of Haryana is the Governor, appointed by the President of India on the advice of the Central Government. His/her post is largely ceremonial. The Chief Minister is the head of Government and is vested with most of the Executive powers.

Administrative Divisions

• Haryana is divided into four divisions for administrative purposes: Ambala, Rohtak, Gurgaon and Hisar. Within these there are 21 districts, 62 sub-divisions, 83 tehsils, 47 sub-tehsils and 126 blocks. Haryana has a total of 154 cities and towns and 6841 villages.

Executive

• The Executive is the part of Government that has sole authority and responsibility for the daily administration of the state. The Executive branch executes the law. The division of power into separate branches of Government is central to the idea of the separation of powers.

Governor

• The Governors and Lieutenant-Governors of the states and territories of India have similar powers and functions at the state level as that of the President of India at Union level. Governors exist in the states while Lieutenant-Governors exist in Union Territories and in the National Capital Territory of Delhi. The Governor acts as the nominal head whereas, the real power lies in the hand of the Chief Ministers of the states and the Chief Minister’s Council of Ministers.
• In India, a Lieutenant-Governor is in charge of a Union Territory. However, the rank is present only in the Union Territories of Andaman and Nicobar Islands, Delhi and Puducherry (the other territories have an administrator appointed, who is an IAS officer). Lieutenant-Governors hold the same rank as a Governor of a state in the list of precedence. The Governors and Lieutenant-Governors are appointed by the President for a term of 5 years.

The Governor enjoys many different types of powers, these are:

• Executive powers related to administration, appointments and removals,
• Legislative powers related to law-making and the State Legislature i.e. is Vidhan Sabha or Vidhan Parishad, Discretionary powers to be carried out according to the discretion of the Governor.

Chief Minister

• In the Republic of India, a Chief Minister is the Head of Government of each states and Union Territories. According to the Constitution of India, at the state-level, the Governor head, but factually Executive Authority rests with the Chief Minister.
• A Chief Minister is elected by the Legislatures of the political party or coalition commanding an assembly majority and serves a five year term with a provision of reelection. According to the Constitution of India, the Chief Minister takes the oath by the Governor, who is the Appointing Authority.
• Manohar Lai Khattar is a Bharatiya Janata Party (BJP) politician and current Chief Mininster of Haryana. He is a former RSS pracharak. He represents Karnal constituency in Haryana Legislative Assembly, and was sworn-in as Chief Minister of Haryana after BJP’s win in the Haryana Legislative Assembly election, 2014.

Haryana Legislature

• The Haryana Vidhan Sabha or the Haryana Legislative Assembly is the unicameral State Legislature of Haryana. The seat of the Vidhan Sabha is at Chandigarh, the capital of the state. The Vidhan Sabha comprises 90 members of Legislative Assembly, directly elected from single seat constituencies. The term of office is five years.

Role of Legislature

• The primary duty to the Legislature Assembly is to make bills, which will become laws only when they get the approval of either the Governor or the President of India. Assembly has the power to frame bills on the subjects related to the state, which are included in the 7th Schedule of the Constitution of India. It also passes annual budget and financial bill.

Haryana Legislative Assembly

• Haryana Legislative Assembly is unicameral in nature and contains 90 Assembly Constituency seats, which are occupied by the MLA (Members of the Legislative Assembly). The term of the assembly is five years unless stated otherwise. The seat of the Vidhan Sabha is at Chandigarh.

Historical Background

• The Punjab Reorganisation Act, 1966, carved out and the old state of Punjab into two new states, Punjab and Haryana, transferred some areas to Himachal Pradesh and Constituted Chandigarh, a territory of the old state, into a Union Territory. The old state had a bicameral Legislature and so new state of Punjab also has bicament Legislature but that of Haryana is to be unicameral. Under the Act the Legislative Assembly of Haryana is to consist of only 54 members; members of the Legislative Council of the old state belonging to Haryana area are unseated, while those members residing in the Union Territory of Chandigarh continue to be members of the Legislative Council of that new state of Punjab.

Haryana Vidhan Sabha Secretariat

• Haryana Vidhan Sabha Secretariat, also called Haryana Legislative Assembly. It is one of the most magnificent buildings in Chandigarh (city beautiful). The Vidhan Bhawan building is common for both the Haryana and the Punjab State Legislative Assemblies. This building spells the visitors with its unique modern art and architecture personally designed and supervised by the world renowned French Architect, Mons Le Corbusier. Before the Punjab Reorganisation Act, 1966, this building housed the Legislative Assembly and the Legislative Council of Joint Punjab (Punjab, Haryana and Himachal Pradesh) and Punjabi and Hindi Regional Committees, alongwith Library, Committees of the House, the Legislative Secretariat and a Cafeteria.
• During the reorganisation of the Punjab state in 1966, Himachal Pradesh was made a separate state with its Capital at Shimla while Haryana and Punjab had to keep their Capital at Chandigarh, which was declared as Union Territory. Under the reorganisation, the buildings of Vidhan Bhawan and Civil Secretariat were made common.
• Haryana Vidhan Sabha shares this building with its counterpart, Punjab Vidhan Sabha. The Chamber earlier used by the Punjab Legislative Council is now Chamber of the Haryana Legislative Assembly. In the South-East of the hyperbolic shell above, there appears a pyramid shaped roof, it is the Chamber of the Haryana Legislative Assembly. At present, the South wing of the building is with Haryana Legislative Assembly which includes a space for 16 branches of Haryana Vidhan Sabha Secretariat, the office of the Hon’ble Speaker, Hon’ble Chief Minister, Hon’ble Deputy Speaker, Secretary. Committee Rooms, Library and a Lounge for Members.

Legislative Assembly Elections (2019)

• A general election was held on 21st October, 2019 to elect 90 members of the Haryana Legislative Assembly. The result was announced on 24th October. The BJP won a majority with 40 seats. Manohar Lai Khattar was chosen to head the new government.

Haryana Judiciary

• The High Court is the highest court of justice in the state. The High Court consists of a Chief Justice and a few other judges. The High Courts have two types of Jurisdictions, the Original Jurisdiction and the Appellate Jurisdiction. The High Court’s power to issue writ for the enforcement of Fundamental Rights and to settle Union and State Legislation and election disputes comes under Original Jurisdiction.

Punjab and Haryana High Court

• Punjab and Haryana High Court is a common High Court for both the states of Punjab and Haryana and Union Territory of Chandigarh, in India. It is situated at Chandigarh, the capital of the states of Punjab and Haryana. The sanctioned strength of this High Court is 68 judges consisting of Chief Justice, 36 Permanent Judges and 31 Additional Judges. As on 14th January, 2013, there are 43 Judges (including the Chief Justice) working at High Court and there are 47 judges on the strength of the High Court besides Chief Justice.

Historical Background

• After the partition of India, the Constitution of India was framed. However, before the partition, there was the Government of India Act, 1915. By virtue of the powers conferred by Section 113 of the Government of India Act,1915, the crown by letters patent dated 20th March,1919, had established at Lahore, the High Court of judicature for the provinces of Punjab and Delhi to be called the High Court of judicature at Lahore.
• The High Court of judicature at Lahore was a court of record. On the establishment of the Lahore High Court, the Chief Court of Punjab, which was functioning for the last 53 years, was abolished. The Lahore High Court was authorised to hear appeals from the decisions of all the criminal and other courts of the provinces of Punjab, Delhi and all other courts subject to its Superintendence. It could hear appeals in benches of two or more judges of its own court sitting on the civil side.
• It was also declared to be court of reference and revision from the criminal courts subject to its Appellate Jurisdiction. It had the power to transfer any criminal case or appeal from any court to any other court of equal or superior jurisdiction. It had no power to issue writs except to the extent as it was empowered to issue orders in the nature of habeas corpus under Section 491 of the code of criminal procedure along with other High Courts.

Post-Independence Scenario

• After independence of India, the old province of Punjab was divided into West Punjab (Pakistan) and East Punjab (India). The High Court at Lahore being in Pakistan, ceased to have Jurisdiction over Delhi and East Punjab. The question of location of the new High Court for these provinces arose. Shimla was selected as the seat of the new High Court.
• The East Punjab High Court of judicature was established at Shimla on 15th August,1947 by the Governor-General’s High Court (Punjab) Order 1947, issued under Section 9 of the Indian Independence Act, 1947. In exercise of the powers conferred by Section 229 (1) of the Government of India Act, 1935, the High Court of East Punjab was also made a court of record and as provided by clause 5 of the said order, it had in respect of the provinces of Punjab and Delhi, all such original, Appellate and other Jurisdictions as under the law in force immediately before the 15th August,1947, was exercisable in respect of those territories by the High Court at Lahore. The East Punjab High Court was the successor and continuation of the High Court at Lahore.
• The decisions of Lahore High Court were binding on the Punjab High Court on the principle of store decisis. The Constitution of India came into force on 26th January,1950. The state of East Punjab came to be known as the Punjab now. Accordingly, the name of the High Court was also changed as Punjab High Court. However, the seat of the High Court continued to remain at Shimla.

High Court Shifted to Chandigarh

• On account of its inclement weather in winter, it was very inconvenient for the litigants to go to Shimla. Accordingly, the seat of the High Court was shifted to Chandigarh. The court started functioning at Chandigarh from its present building with effect from 17th January,1955. However, it was formally declared open by the first Prime Minister of India, Pandit Jawaharlal Nehru, on 19th March, 1955. The plan of the building of the High Court was designed by the world famous French Architect, Le Corbusier under the guidance of Hon’ble the then Chief Justice, Mr Justice AN Bhandari.

Merger of PEPSU High Court

• There existed the Patiala and East Punjab State Union (PEPSU) along the State of Punjab, which had also its own High Court known as Pepsu High Court. However, by the States Reorganisation Act, 1956, the State of Pepsu was merged in the state of Punjab. The Judges of the High Court of Pepsu became Judges of the Punjab High Court. The strength of the Punjab High Court, which had originally 8 Judges rose to 13. The Punjab High Court also assumed Jurisdiction over the territories, which were earlier under the Pepsu High Court.

Creation of Delhi High Court

• Another step was taken on 31^st October, 1966, when Delhi circuit bench of the Punjab High Court, working since 1952, under the orders of the Governor-General, was constituted as a separate High Court for the Union Territory of Delhi under the Delhi High Court Act, 1966 and three Judges of the Punjab High Court were transferred to Delhi High Court.

Creation of High Court of Punjab and Haryana

• A new chapter opened in the history of the High Court in the year 1966. The States Reorganisation Act, 1966, brought another state named Haryana and the Union Territory of Chandigarh into existence from 1st November,1966. From the date of enforcement of the said Reorganisation Act, the High Court of Punjab was renamed as the High Court of Punjab and Haryana. The Judges of the High Court of Punjab became Judges of the common High Court with all the powers and Jurisdiction of the High Court of Punjab. However, the principal seat of the High Court remained at Chandigarh.
• The High Court of Punjab and Haryana is working since 1^st November,1966 in its present form. It is one of the most beautiful High Courts in India with 40 spacious and luxuriously furnished court rooms; 3 bar rooms; a well-equipped Judges’ library, a dispensary and a very good canteen.

e-Governance in Haryana Secretariat

• With the fast pace of technological change it is becoming important for government to review existing structure of secretariat, hierarchies, policies and procedures. The entire paradigm of the secretariat and in the Information Age will necessarily be different from what it is at present.
• Consequently, a large scale retooling and restructuring in the Secretariat will be called for. Secretariat and governance will inevitably be very different from what is today. Digital government will entail flatter organisational hierarchies and more personalised delivery of citizens’ services.
• The Electronic Governance in the Secretariat aims at IT driven system of Governance that works better, costs less and is capable of servicing the decision-making machinery and citizens’ needs as never before. An urgent need was felt to have a central mechanism, so that electronic feedback
• system is operationalised. The use of IT by government would be made imperative to the extent possible in a phased but time bound manner.

For this, the central mechanism would endeavour:

• To use Information Technology in the process of governance and improve its response to its citizens. To have connectivity between all its offices so that communication can flow through E-mail to enhance productivity. To computerise the process of governance so that the citizens could file the documents required by the Government, electronically.
• To put in place a training program to enable government employees to use Information Technology to enhance productivity.

Objectives for Secretariat

The objectives for secretariat are:

• Identifying functional areas in secretariat branches, which need to be taken up for EG objectives.
• Identifying the appropriate hardware platforms and software application packages for cost effective functioning of secretariat branches. Making this knowledge repository widely available through appropriate Demo – Mechanisms.
• Offering a basket of these models to other branches and departments/organisations, which could be suitable customised as per location and work specific requirements. Towards this end we envisage to have specific models. This offer is to be supplemented by incubating and initiating efforts in this direction by various organs of the Government Amendment in State laws through study and consultation.

1. Its location in the lap of Himalayas beyond the limits of the city, beside Assembly Hall and Sukhna Lake add to its beauty. The sanctioned strength of the High Court is 38 permanent and 30 additional Judges. The High Court completed 50 years of its existence onl9th March, 2005. Accordingly, the year 2005-2006, was celebrated as Golden Jubilee Year of the High Court.

Local-Self Government and Panchayati Raj

• Pursuant to the 73rd constitutional amendment in 1992, the Haryana Panchayat Raj Act, 1994 was flamed which came into force w.e.f. 22nd April, 1994 under the Haryana Panchayat Raj Act 1994, the Panchayati Raj Institutions have been entrusted with duties and Junctions related to all the 29 subjects listed in Eleventh Schedule of the Constitution.
• Local-Self Government can be described as the administration of a locality like a city, a town, a village or a community. This local-self governments enjoys a fair amount of autonomy, which enable them to raise a part of the revenue through local taxes and spending them for the service of the area.
• Like all other states of the country, local-self governments in Haryana acts in the same format.

Municipal Corporations

• The Municipal corporations and municipalities are divided into number of specific wards. The elected representatives of the wards are the Councilors, who are responsible for the betterment of the civic amenities and other issues of his ward. The head of the municipalities are the Mayors or the Chairmans.
• The Panchayats are headed by the elected representatives called the Panchayat Pradhan. This Pradhans look after the well-being of the village or a number of villages, which falls under their Panchayat area. There are several municipal bodies and numerous Panchayats in the State Government of Haryana.

Haryana Panchayati Raj Act, 1994

• Haryana state came into existence on 1st November, 1966 and the Punjab Gram Panchayat Act, 1952 was made applicable to the Panchayati Raj Institutions (PRls) in Haryana. Pursuant to the 73rd Constitutional Amendment in 1992, the Haryana Panchayati Raj Act, 1994 was framed, which came into force 22nd April, 1994.
• Thereafter, Haryana Panchayati Raj Election Rules, 1994, were formulated on 24^th August, 1994, followed by Haryana Panchayati Rules, 1995, notified on 16th February 1995. Subsequently, the Haryana Panchayati Raj Finance Budget/Accounts/Audit/Taxation and works rules 1996, were also notified on 14th August, 1996. Under the Haryana Panchayati Raj Act, 1994, the Panchayati Raj Institutions have been entrusted with duties and functions related to all the 29 subjects listed in Eleventh Schedule the Constitution.

Panchayati Raj Institutions (PRI) in Haryana

• The Haryana Panchayati Raj Act, 1994 (Act Number 11 of 1994) was enforced w.e.f 22nd April, 1994. The objective of this act is to provide for Constitution of Gram Panchayats, Panchayat Samitis and Zila Parishads for better administration of the rural areas and for matters connected therewith or incidental thereto. This act extends to whole of the state of Haryana.
• There exist three levels of elected bodies for rural areas:

1. Gram Panchayat
2. Block Panchayat (BP) or Panchayat Samiti
3. District Panchayat / Zila Parishad

Gram Panchayat

• Gram Panchayat consists of a Sarpanch elected by Gram Sabha from amongst its voters and 6 to 12 Panches from wards in the Panchayat area. It is a powerful body, Sarpanch have practical right to inspect every department, which is notified and working in Gram Panchayat. No scheme or work can implemented without consent of Sarpanch or Gram Panchayat. Mostly, Gram Panchayat receive direct funds from State Finance Commission, or other concerned departments. And they also have own income from various source, funding and powers of Gram Panchayats are highly admirable and Sarpanch are implementing their role in development and administration of villages.

Block Panchayat (BP) or Panchayat Samiti

• Panchayat Samiti consists of a Chairman and a Vice-Chairman, directly elected members from territorial constituencies as determined under Section 58 of the act, the members of Haryana Legislative Assembly representing constituencies, which comprise wholly or partly in the Panchayat Samiti. Elected representative of Block Panchayat (BP) have no active role in any development or administrative work. Even, there is no coordination between BP and other notified departments, who are liable to PRIs.
• Most of schemes have own mechanism and BP level Evaluation Rights (ERs) have no role in implementation or planning process. They have Evaluation Rights, but it is not practiced in field. Block Development and Panchayat officer (BDPO) is CEO of BP and they have active role in block, in most of block BDPO is Nodal Officer and every activity is determined with the consent of BDPO, but not of Block Panchayat. As an administrator, BDPO is responsible for every activity and fund utilisation in Gram Panchayats.

District Panchayat / Zila Parishad

• Zila Prishad consists of members directly elected from the wards in the districts, Chairman of all Panchayat Samitis within the district, ex-office members, the members of the House of People, Haryana Legislative Assembly, whose constituency lies within the district or part thereof, ex-office member, a President and Vice-President. On administrative side, Directorate of Development and Panchayat is headed by Director and having District Development and Panchayat Officers (DDPO) at district level and Block Development and Panchayat Officers (BDPOs) at block level and Panchayat Sachiv at Gfam Panchayat.

SC, ST and Women Reservation

• There are provisions to include women, STs and SCs in the Gram Panchayat of each village. One-third of the seats to be filled by direct elections on every Gram Panchayat are reserved for women. At least one-third of such seats are reserved for women as are reserved for the SCs and STs.

Challenges and Conflicts of Panchayati Raj

Women Reservation

• In the given social milieu, it is the rural rich, who continue to hold the levers of socio-economic power. They get their womenfolk elected on seats reserved for women, while they themselves continue to function as de-facto representatives with impunity. Sarcastically called as Sarpanch Pati or Panch Pati, these proxy men are being unhesitantly entertained at all administrative levels as elected representatives.
• The government has never issued instructions to discourage this open fraud and clear cut offense of impersonation.

SCs Reservation

• Most of the Dalit Sarpanches are sought to be remote controlled by influential people, upon whom they have to remain dependent due to various compulsions. Panchas belonging to upper caste would tactically stay away from the officially convened meetings, which then cannot take place for want of required quorum.

Social Reforms

• Paradoxically, the traditional caste Panchayats known as Gotra Khap Panchayats still continue to prevail in many social matters and quite often these outdated institutions are even found acting either in tandem with the elected Panchayats or in some cases ignoring them totally in order to enforce traditional codes, illegal Khap Panchayats are issuing Judicial orders awarding penalties either in the forms of fines, social boycott or excommunicating innocent persons from the village. Existence of these traditional institutions with the tacit support of mainstream political class and the state apparatus continues to be a significant impediment in the independent functioning of Panchayati Raj Institutions.
• Percolation of the democratic element of the Panchayati Raj 73rd Amendment, especially in relation to dalits and women, is yet to be achieved at implementation level for various reasons as dealt above. Last but not the least; it is a fact that democratic decentralisation of power in any significant manner shall be a distant dream without providing a snare for the downtrodden in economic resources. Radical measures, like creation of employment avenues and drive for female literacy and civic sense for the development or public participation.

Panchayati Raj Engineering Wing

• The Panchayati Raj Engineering Wing (PREW) is an Engineering Wing of Development and Panchayats Department. The objective of engineering wing is to design, execute and maintain needed infrastructural facilities in rural areas for the economic development of rural people in Haryana. The journey of Panchayati Raj Engineering Wing started way back from the time of joint Punjab and Haryana. But, it got its present identity only after Haryana became a separate state on 1st November, 1966. PREW functions directly under the Development and Panchayats Department, Haryana. Special Secretary, Development to Government of Haryana acts as its administrative head and Chief Engineer as its technical head.