J&K Local Bodies Laws (Amendment) Bill introduced in LS

Jammu, Feb 5: In a step aimed at removing major “constitutional impediment”, which led to deferring of Panchayat and Urban Local Bodies (ULBs’) polls in the Union Territory, the government Monday introduced “The Jammu and Kashmir Local Bodies Laws (Amendment) Bill, 2024” in the Lok Sabha.

Officially speaking, major “constitutional impediment” was the absence of provision of reservation for Other Backward Classes (OBCs) in Jammu and Kashmir Panchayati Raj Act, 1989, the Jammu and Kashmir Municipal Act, 2000 and the Jammu and Kashmir Municipal Corporation Act, 2000 (the Acts).

The Bill, which seeks to amend certain provisions of these Acts, “in consonance with the provisions of the Part IX and Part IXA of the Constitution” was introduced in the Lower House by the Union Minister of State for Home Nityanand Rai, on behalf of the Union Home Minister Amit Shah, with the assertion “to ensure justice to the citizens of Other Backward Classes of Jammu and Kashmir for the first time after 75 years of independence.”

Part IX and Part IXA of the Constitution relate to “the Panchayats” and “the Municipalities” respectively.

WHAT WILL IT CHANGE?

The Bill, once cleared by Lok Sabha and Rajya Sabha, would pave the way for reservation for OBCs in Panchayats and ULBs in J&K, bringing it at par with the other parts of the country. However, the percentage of reservation given will be decided later.

As per the statement of objects and reasons, the Clause (6) of articles 243D and 243T of the Constitution empowers the Legislature of a State to make provision for reservation of seats in any “Panchayat” and “Municipality” in favour of backward classes of citizens.

However, the Acts of the Union Territory of Jammu and Kashmir had no provision for reservation of seats for “Other Backward Classes” in the Panchayats and the Municipalities.

SEC TO CONDUCT ULB POLLS AS WELL IN J&K

The Bill also proposes to vest the superintendence, direction and control of the preparation of electoral rolls for, and the conduct of all elections to the Municipalities and Municipal Corporations in a “State Election Commission” consisting of a “State Election Commissioner” instead of the Chief Electoral Officer, which was existing practice in J&K.

“According to articles 243K and 243ZA of the Constitution, the superintendence, direction and control of the preparation of electoral rolls for, and the conduct of all elections to the Panchayats and Municipalities is vested in a “State Election Commission" consisting of a “State Election Commissioner.” The similar provision was incorporated in the Jammu and Kashmir Panchayati Raj Act, 1989. However, as per Municipal laws of the Union territory of the Jammu and Kashmir the conduct of all elections to the Municipalities and Municipal Corporations lies with “the Chief Electoral Officer” of Jammu and Kashmir,” the statement of objects and reasons.

BRINGS PARITY IN PROVISIONS PERTAINING TO SEC

The Bill also proposes to bring parity in provisions related to the removal and conditions of service of the State Election Commission (SEC) in J&K Panchayati Raj Act, 1989 with the practice prevalent in other States/UTs of the country.

Proviso to clause (2) of article 243K of the Constitution envisages that the “State Election Commissioner shall not be removed from his office except in like manner and on the like grounds as a Judge of a High Court and the conditions of service of the State Election Commissioner shall not be varied to his disadvantage after his appointment.”

But, section 36B of the Jammu and Kashmir Panchayati Raj Act, 1989 provides that the “State Election Commissioner shall not be removed from his office except by an order made by the Lieutenant Governor on the ground of proved misbehaviour or incapacity after an inquiry conducted by a sitting or a retired judge of the High Court, on a reference made to him by the Lieutenant Governor.”

The provisions pertaining to State Election Commissioner in the Jammu and Kashmir Panchayati Raj Act, 1989 were at variance with the provisions of the Constitution.

“In order to provide reservation to the “Other Backward Classes” in the Panchayats and the Municipalities in the Union territory of Jammu and Kashmir and to bring consistency in the local bodies laws of the Union Territory of Jammu and Kashmir with the provisions of the Constitution, it has become necessary to amend certain provisions of the Acts and to introduce a Bill in Parliament, namely, the Jammu and Kashmir Local Bodies Laws (Amendment) Bill, 2024. With this, justice will be ensured to the citizens of Other Backward Classes of Jammu and Kashmir for the first time after 75 years of independence,” it was stated while clarifying the objective of the proposed Amendment Bill.

“The Jammu and Kashmir Local Bodies Laws (Amendment) Bill, 2024, if enacted, would not involve any expenditure either recurring or non-recurring from and out of the Consolidated fund of lndia,” the Financial Memorandum stated.

The Bill also proposes amendment to the method for disqualification from membership of Halqa Panchayat, suspension or removal of Sarpanchs, Naib Sarpanchs and Panchs.

Lieutenant Governor Manoj Sinha has repeatedly stated that the elections for Urban Local Bodies (ULBs) and Panchayats could not be held due to constitutional impediments. “After addressing these constitutional requirements and getting the assent of Parliament, elections would be held at the earliest possible as the Centre also wanted it to happen as soon as possible,” he has reiterated, a number of times.

Elections to Panchayats and ULBs in j&K were due in October-November last year.