Governance Overlap: Created in crisis, DDCs may be buried by consensus

Srinagar, Jun 10: Nearly five years after the District Development Councils (DDCs) were introduced in Jammu and Kashmir as a symbol of grassroots democracy, their survival is under scrutiny.

Following the restoration of the Legislative Assembly after years of central administration and revocation of Article 370, sources said the Centre is considering whether the DDCs have served their purpose.

The conundrum reflects a wider rebalancing of power in J&K among the new Members of the Legislative Assembly (MLAs) and DDCs, which now work in overlapping domains of administration.

Sources in the Union Home Ministry said a “political shift” might be underway.

They said that the Centre could offer “some space” to the elected MLAs by “dissolving” the DDCs or by “wrapping them up”.

Seen as an initial “democratic band-aid” after the 2019 statehood revocation, DDCs were empowered to manage district-level planning and development in the absence of a legislature.

However, with their term set to end in December and pressure mounting from traditional parties, their role could be reconsidered.

National Conference (NC) legislator from Pampore constituency, Justice (Retd) Hasnain Masoodi told Greater Kashmir that the DDCs were essentially a “stopgap”.

“They were projected as replacements for the Assembly. Nowhere else in the country are DDCs elected! Their powers were artificially inflated to cover for the absence of MLAs,” he said.

The dissonance is especially glaring for legislators who once held sway over the development of districts.

“Their role has been curtailed. Earlier, an MLA knew where funds needed to go. That connection is missing now,” Masoodi said.

Peoples Democratic Party (PDP) legislator from Pulwama constituency, Waheed-ur-Rehman Para said, “This is not a clash but confusion. You have the small MLA and the large MLA working the same jobs, competing for the same resources. It’s a conflict of structure that holds development back.”

The DDCs were born out of amendments to the Jammu and Kashmir Panchayati Raj Act, 1989, made through an executive order by the Ministry of Home Affairs in 2020.

Their inception was hailed as a breakthrough in decentralised governance, modelled as a “third-tier” governance body in line with the 73rd Constitutional Amendment and the J&K context made them unique.

Even with political intent, the process of dissolving DDCs would need careful planning.

A senior Law Department official, who is not authorised to talk to the media, said that amendments to the Panchayati Raj Act would be necessary, even though the DDCs were established through an executive order.

“The J&K government can do it, but the LG’s assent is mandatory. The same mechanism that created them - an executive order - can also undo them, provided the legal process is followed,” the official said.

Former Advocate General Muhammad Ishaq Qadri offered a sharper view.

“This is not solely an executive invention. Legislation was used, and funds were tied to them. To dismantle them would necessitate a legislative process. But, DDCs became a hub of corruption. People have lost trust,” he said.

However, not everybody views disbandment as legally possible.

Syed Asim Hashmi, a DDC member from Doda and a practising lawyer, stressed the statutory nature of the body saying, “DDCs were created through amendments in the Panchayati Raj Act. If they have to be dissolved, only a new amendment can do that. Their tenure ends in December, and I suspect the government may just let the fourth tier of governance expire quietly.”

Curiously, the Bharatiya Janata Party (BJP), once the loudest supporter of the DDC experiment, is seemingly being cautious.

Talking to Greater Kashmir, BJP MLA from Udhampur East constituency, Ranbir Singh Pathania, whose wife is a DDC Vice Chairperson, said that there was no legal conflict between MLAs and DDCs.

“Everybody has to work under the steel frame of the Panchayati Raj Act. Collisions are because of ignorance, not law,” he said.

BJP General Secretary (Organisation), Ashok Kaul seconds with Pathania saying, “Our MLAs cooperate with the DDCs. There is no duplication of work at present.”

However, sources said that the BJP high command is evaluating if the DDCs in J&K are politically viable as their term is coming to an end and particularly as voices within the party raise fears of jurisdictional overlap.

At the heart of the debate lies a fundamental tension between institutional efficiency and democratic representation.

Congress legislator from Central Shalteng constituency and former Finance Minister Tariq Hameed Karra called the DDCs an “evolutionary process” and a product of the 73rd and 74th Amendments.

“Whether there is a clash or not depends on individuals. But their existence is based in the constitution and their dissolution will also have to be based in the constitution,” he said.

On the other hand, supporters of local bodies feel that the MLAs are infringing on the space the DDCs occupied over the last 5 years.

“Previously, District Planning Boards were nominated. However, DDCs were elected and individuals had hope,” former Block Development Council (BDC) BufliazChairman, Shafiq Mir said. “MLAs are now entering positions not for them, determining who gets water, not laws. That’s not their job.”

If the government decides to wind up DDCs ahead of their term, it would have to tweak the J&K Panchayati Raj Act either through legislative or executive means.

Such an action might be subject to judicial scrutiny for contravening constitutional norms under Article 243, which preserves the three-tier Panchayati Raj system.

DDC member Gundna, Syed Asim Hashmi foresees a quieter approach.

“The government might not extend their term after December. There will be no fireworks, only extinction by neglect,” he said.

The fate of DDCs is at the intersection of legal, political, and administrative necessities.

Whether phased out or preserved, their legacies will reverberate in the new contours of power that are bound to emerge in post-Article 370 Jammu and Kashmir.

“Ultimately, it’s about survival of the fittest,” Hashmi said. “And in this new political order, only one elected layer may remain standing.”

DDCs EXPLAINED

• DDCs are district-level elected bodies in J&K created after the 73rd Amendment was extended post-2019
• Introduced in 2020, post Article 370 abrogation
• DDCs were empowered to plan and monitor development at the district level in coordination with Panchayats
• They form the third tier of governance, alongside Panchayats and Block Development Councils
• Each of J&K’s 20 districts elects 14 DDC members, making a total of 280 representatives
• DDCs are responsible for planning and monitoring development in areas like roads, health, education, and welfare
• They replaced earlier appointed District Planning Boards to enhance grassroots democracy.
• The first elections were held in November-December 2020, with regional alliance Peoples’ Alliance for Gupkar Declaration and the BJP emerging as key players
• DDCs get direct funding from the Centre, giving them financial autonomy to implement local projects
• Critics say DDCs overlap with other local bodies and centralise power under the LG
• Supporters argue they bring development closer to the people and make governance more accountable and transparent