The Jammu and Kashmir Local Bodies Laws (Amendment) Act, 2024 aims to address key aspects of local governance in the union territory of Jammu and Kashmir (J&K). Primarily, it seeks to extend reservation benefits to other backward classes (OBCs) within panchayats and municipalities. Moreover, the act endeavours to enhance the authority of the state election commissioner (SEC), granting him/her the responsibility to oversee urban local body elections instead of the chief electoral officer (CEO), as was the case previously. The proposed amendments target three pivotal laws governing the electoral processes and operations of local bodies in Jammu and Kashmir: the Jammu and Kashmir Panchayati Raj act, 1989; the Jammu and Kashmir Municipal Act, 2000; and the Jammu and Kashmir Municipal Corporation Act, 2000. With these revisions, the act aims to ensure greater inclusivity and efficiency within the local governance framework of the union territory.
Current State of Local Governance in J&K
No provision for OBC reservation The absence of the provision for reservation for OBCs in the panchayats and municipalities of J&K stands in stark contrast to the practices adopted by various other states across the nation. This lack of representation has left a significant gap in the local governance structure of the region, depriving the OBC communities of equal participation and opportunities.
Pending elections The region faces a critical hiatus in its electoral process, with the terms of nearly 28,000 local representatives expiring without the conduct of new elections. The last panchayat elections took place in 2018, and since then, no further electoral processes have been initiated. Despite ongoing revisions of electoral rolls, the absence of progress towards conducting new elections has left the local governance system deprived of elected representatives, resulting in a democratic deficit and rise in administrative challenges.
Political dynamics The political landscape surrounding the last panchayat elections in 2018 was characterised by the boycott of major regional parties such as the National Conference and the People’s Democratic Party. This strategic move significantly limited the electoral contest primarily to the Bharatiya Janata Party (BJP) and the Congress. These dynamics unfolded prior to the central government’s decision to abrogate Article 370, which further reshaped the political dynamics and governance structure of the region, adding complexity to its electoral landscape.
Need for the Amendment
Currently, there is a notable absence of provisions for reserving seats for OBCs in the panchayats and municipalities of J&K.
The proposed act seeks to rectify this deficiency by introducing reservation for OBCs in local bodies. This initiative aims to bridge a longstanding gap in representation, which has significantly hindered the inclusive nature of the region’s local governance structure.
The existing laws concerning the SEC in J&K do not align with constitutional provisions, leading to legal inconsistencies. To address this issue, the act aims to harmonise the provisions related to the SEC with the Constitution, ensuring adherence to constitutional mandates.
The current procedure for the removal of the SEC deviates from constitutional norms, creating a disparity in governance practices.
In alignment with Article 243K of the Constitution, the act suggests to establish a removal process for the SEC that strictly adheres to constitutional principles, thereby ensuring procedural fairness and transparency.
The importance of the act is underscored by the impending panchayat and municipality elections in J&K. There is a noticeable gap in democratic representation at the grassroots level. This necessitates legislative reforms to address the absence of elected representatives.
Additionally, ongoing activities such as the revision of electoral rolls and the delimitation of constituencies require legislative adjustments to facilitate seamless electoral processes and uphold democratic principles.
Key Features of the Amendment Act
The Jammu and Kashmir Local Bodies Laws (Amendment) Act, 2024, addresses amendments to three key acts, concerning the reservation of seats in various local institutions across J&K for scheduled castes (SCs) and scheduled tribes (STs). These institutions encompass panchayats, municipalities, municipal corporations, block development councils, and district development councils. Reserved seats are allocated based on the population of these communities within the respective institutional areas, with one-third seats reserved for women.
To enhance representation and inclusivity, the act proposes to extend the reservation to include OBCs, recognised as disadvantaged by the Government of the Union Territory of Jammu and Kashmir. The proposed amendments target the following three existing laws:
- Amendment to Section 2 of the J&K Panchayati Raj Act, 1989 introduces a definition of ‘Other Backward Classes’. It specifies that OBCs are those declared by the Government of the Union Territory of J&K in accordance with the J&K Act, 2004. This aligns with constitutional provisions related to reservation for OBCs and ensures their representation in local governance structures.
- Section 2A of the J&K Panchayati Raj Act, 1989, pertaining to terminology within the act, is amended to reflect post-abrogation structural changes in governance. The references to ‘District Planning and Development Board’ and ‘District Panchayat Officer’ are replaced with ‘District Development Council’ and ‘Assistant Commissioner of Panchayat,’ respectively.
- Amendments to Section 4 and Section 27 of the J&K Panchayati Raj Act, 1989, extend reservation provisions to include OBCs alongside SCs and STs in the composition of panchayats and the reservation of seats within them. This adjustment aligns with constitutional mandates for inclusive representation in local governance structures.
- The amendment to Section 36A for sub section (2) and (3) of the J&K Panchayati Raj Act, 1989 introduces significant changes to the terms of service for the SEC. The revised subsections provide detailed guidelines regarding the salary, allowances, and other conditions of service for the commissioner.
- It states that the salary, allowances, and other conditions of service for the SEC will be determined by the lieutenant governor through rules. However, there is a provision regarding individuals who were receiving or entitled to receive a pension from previous government service before assuming the role of SEC. In such cases, their pay as commissioner will be reduced by the amount of that pension. Additionally, if they had received a commuted value of a portion of their pension before assuming office, the pay will be further reduced by the amount of that portion of the pension.
- It addresses other benefits such as travelling allowance, rent-free accommodation, conveyance facilities, and medical facilities available to the commissioner. It ensures that the commissioner is entitled to these benefits to the extent possible, either at the time of his/her retirement or at the time of his/her appointment.
- It vests the power to grant or refuse leave to the SEC, as well as to revoke or curtail leave granted to them, in the hands of the lieutenant governor. This provision highlights the authority of the lieutenant governor in managing the administrative aspects related to the SEC’s leave entitlements.
- Substitution of Section 36B of the J&K Panchayati Raj Act, 1989 outlines the process for the removal of the SEC. Previously, under the J&K Panchayati Raj Act, the SEC could only be removed from office via an order issued by the lieutenant governor. Grounds for dismissal encompassed misconduct or incapacity, subject to investigation led by either a sitting or retired high court judge. However, with the amendment introduced by the act, a significant shift occurs. The act states that the removal of the SEC must adhere to the same procedural standards and grounds as those applicable to the removal of high court judges. This alignment ensures clarity and uniformity in the removal process, promoting transparency and fairness.
- Amendment to Section 36D of the J&K Panchayati Raj Act, 1989 specifies the powers of the commission and introduces provisions for delegation and revocation of powers, aligning with constitutional principles of administrative efficiency and decentralisation of power.
- Amendment to Section 282 of the J&K Municipal Act, 2000, substitute sub-section (2) to empower the State Election Commission with various functions, including requiring information, issuing directions, delegating powers, determining, and delimiting municipalities, regulating its own procedure, and exercising other powers as determined by the Government of the Union Territory of J&K. This amendment strengthens the role of the commission in ensuring the smooth conduct of elections and efficient governance.
- As per the amendment made to Section 39 of the J&K Panchayati Raj Act, 1989, grounds for the removal of a person from the electoral roll will be as determined by the State Election Commission. This grants autonomy to the commission in maintaining the integrity of electoral rolls, consistent with constitutional provisions ensuring free and fair elections.
- Amendment in Section 11A of the J&K Municipal Act, 2000 include the inclusion of OBC along with the SCs and STs in relevant provisions. This amendment ensures equal representation and benefits for all marginalised groups within the municipal framework.
- Throughout the J&K Municipal Corporation Act, 2000, the terms ‘Chief Electoral Officer’ and ‘Backward Classes’ are indeed replaced with ‘State Election Commission’ and ‘Other Backward Classes’, respectively. This amendment ensures consistency in terminology and reflects the updated governance structure.
- Additionally, amendment to Section 10A of the J&K Municipal Corporation Act, 2000, substitute the words ‘the Scheduled Castes and the Scheduled Tribes’ with ‘the Scheduled Castes, the Scheduled Tribes, and the Other Backward Classes.’ This modification expands the scope of reservation provisions to include OBCs and incorporates them into certification processes. Moreover, the amendment designates the SEC as the competent authority for this section, ensuring efficient administration and enforcement of the amended provisions.
Significance of the Amendment Act
Inclusion and representation The introduction of reservation for OBCs in panchayats and urban local bodies (ULBs) in J&K marks a significant step towards ensuring inclusive governance. By providing representation to OBCs, the act aims to address historical inequalities and enhance democratic participation across diverse segments of society.
Constitutional adherence The proposed amendments align the local body laws of J&K with the constitutional provisions outlined in Clause (6) of Articles 243D and 243T. This alignment not only ensures legal coherence but also reinforces the principles of democracy and equality enshrined in the Constitution.
Standardisation of removal process The act seeks to standardise the process for the removal and conditions of service of the SEC in line with practices prevalent in other states/union territories of India. This standardisation enhances transparency and accountability within the electoral framework, thereby bolstering trust in the electoral process.
Enhanced role of state election commission By vesting the superintendence, direction, and control of electoral processes in the state election commission, the act reinforces the constitutional mandate for fair and impartial elections. This shift from the CEO to the SEC ensures greater autonomy and efficiency in overseeing elections to panchayats and municipalities.
Preparation for elections With pending local elections and ongoing electoral reforms, the act lays the foundation for conducting transparent, inclusive, and efficient electoral processes in J&K. By addressing key structural deficiencies and aligning with constitutional principles, the act sets the stage for the smooth conduct of upcoming elections, essential for the democratic functioning of the union territory.
Fiscal management The financial memorandum of the act clarifies that if enacted, the act would not incur any expenditure, recurring or non-recurring, from the Consolidated Fund of India. This ensures fiscal responsibility and efficiency in implementing the proposed legislative amendments.
Criticism
The Jammu and Kashmir Local Bodies Laws (Amendment) Act, 2024, despite its purported intentions to rectify certain pressing issues within the realm of local governance, has encountered significant criticism across various fronts:
Delay in assembly elections One of the primary critiques levelled against the act is its failure to establish a clear timetable for conducting assembly elections in J&K. Critics argue that this delay in electoral processes deprives the residents of the union territory of their fundamental democratic right to elect representatives to the legislative assembly, thereby impeding the establishment of a fully functional democratic system.
Centralisation of power Concerns have been raised regarding the provision within the act that transfers the responsibility for overseeing urban local body elections from the CEO to the SEC. Critics fear that this alteration could lead to the centralisation of power and potentially undermine the autonomy and impartiality of local election procedures, posing a threat to the democratic principles of decentralisation and local autonomy.
Removal procedure for SEC While the act changes the removal procedure for the SEC with constitutional provisions, scepticism exists regarding the necessity of this alteration. Critics contend that this amendment may introduce vulnerabilities to political influence in the removal process, potentially compromising the independence and integrity of the SEC’s role.
Lack of consultation Another point of contention revolves around the perceived lack of consultation preceding the introduction of the act. Critics argue that stakeholders, including local bodies, political parties, and civil society organisations, were not adequately consulted during the drafting process. This absence of consultation raises concerns about overlooking crucial perspectives and potential ramifications of the amendments on those directly affected by the legislation.
Inadequate addressal of OBC representation Despite the act’s aim to provide reservation for OBCs in local bodies, critics assert that it may fall short in adequately addressing the multifaceted issues surrounding OBC representation and empowerment. There is a call for more comprehensive measures to ensure genuine and effective representation and participation of OBCs in the local governance framework, emphasising the importance of robust and inclusive policies in fostering equitable democratic practices.
Conclusion
To conclude, the Jammu and Kashmir Local Bodies Laws (Amendment) Act, 2024, represents a significant effort by the union government to address crucial issues within the local governance framework of the union territory. By proposing amendments to key laws governing electoral processes and local body operations, the act aims to enhance representation, inclusivity, and efficiency. The act has also faced criticism on various fronts, including concerns about the delay in assembly elections, the centralisation of power, and the perceived lack of consultation. The absence of OBC reservation, combined with the pending elections and political tensions, underscores the need for reforms in the local governance framework of J&K. The upcoming panchayat and municipality polls, coupled with the ongoing revision of electoral rolls, highlight the urgency for addressing these issues. Additionally, the region has yet to hold assembly elections since the abrogation of Article 370 in August 2019, further complicating the governance landscape.
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