New Delhi , April 21: In an interesting judgment, the Supreme Court has declared the British-era hereditary “chowkidari” system in villages as “illegal”, and approved the Nitish Kumar government’s innovative decision to put in place a modern framework for their appointment in Bihar.
The order, delivered by a bench comprising Justices R.V. Raveendran, R.M. Lodha and Deepak Verma, pointed out that the centuries-old chowkidari system gave right to the heir of a chowkidar to be appointed in his place on his death, or being nominated by him.

The legal heir, who could be the wife, son, brother, nephew or daughter’s son, would be automatically appointed as chowkidar.
The tradition, which evolved during British rule, also provided that there would be no direct appointment of daffedars, a post higher in rank, who would be appointed only on promotion from chowkidar.
In the traditional system, it was immaterial if the person becoming chowkidar by hereditary right was educated or illiterate.
The issue came before the Supreme Court after a dispute erupted between the traditional chowkidars and those sought to be appointed by the Nitish Kumar government by putting in place new rules, known as the Bihar Chowkidar Gradation Rules 2006.
The new rules laid down certain eligibility criteria, including education standard and proper procedure for selection by a committee set up by the government in each block.
Upholding the validity of the Bihar government rules, the court approved the Patna high court order directing selection of chowkidars under the new regulations and scrapped the old system of the district collector approving the hereditary appointments.
Since 24 candidates seeking appointment through the new rules were caught in a legal wrangle due to these rules being challenged by those claiming hereditary rights, the Supreme Court said these 24 candidates should be given a fresh chance to apply. All the new appointments caught in the legal dispute should be completed in six months.

S.S. Negi