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자료유형
학술저널
저자정보
저널정보
행정법이론실무학회 행정법연구 行政法硏究 第18號
발행연도
2007.8
수록면
449 - 471 (23page)

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초록· 키워드

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15 years have passed since the am bitious trial to reform the institution of the local self-government in India. It was ambitious in two senses: firstly, it tried to achieve both the economic development and the realization of social justice simultaneously in the name of the traditional Panchayat; secondly, it tired to solve the problem of SC/STs(Scheduled Castes and Scheduled Tribes) and women, one of the most serious and chronic diseases in India, by letting them participate in the local self-government with the introduction of the reservation system.
But the results prove to be very much disappointing. The devolution of functions, funds and staffs from the state government to Panchayats was not enough for the panchayat to be able to function as institution of self-government. And despite the fact that as a result of direct election for the seats of a Panchayat and seats for its chairpersons the reserved seats for the SC/STs and women were allocated to them as pre-determined, the SC/STs and women could not wield their power to promote their social positions. Bearing these things in mind, this article concludes that the ambitious trial to reform the self-government does, if not totally, amount to a failure.
The causes of the failure is analyzed in sociological perspective in this article, namely, in relation to the social power relation between the state government and the Panchayats, between the upper castes and SC/STs and between the men and women. This paper argues that the failure comes from the negligence of the power relations at the stage of the legislation. For example the Constitution gives the state the power to decide whether the local self-government will be really empowered as a ‘self-government, which led to the failure of the local self-government because the state government was structurally unwilling to devolve the state power to the local self-government. In case of the SC/STs and women the mechanism is a bit different. A number of them were successfully elected as ward members of Panchayat and its chairpersons. But they were simply ignored or hindered to work as elected representatives by the upper castes or men, which shows that they are too weak and vulnerable to enjoy the legal entitlement given to them by the Constitution. For them the legal empowerment is not enough. What is necessary for them is social supports to uplift their social power, which may not be expected from the central or state governments. In case governments fails, the civil society should come forward for the empowerment of the most deprived, SC/ST and women.
Lastly this article concludes by commenting that the reviewed case could be one of best examples which shows us the importance of the consideration of the social power relations when designing a new legal institution, especially when it is of reformative character.

목차

1. 인도의 지방자치 전통과 최근의 개혁의 시도
2. 인도식 지방자치제도의 내용
3. 지방자치제도 개혁의 배경과 목적
4. 인도 지방자치제도 개혁에 대한 평가
5. 지방자치제도의 개혁에 대한 저항과 극복
6. 요약과 결론
참고문헌
[Abstract]

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