SRINAGAR: The Lok Sabha on Tuesday passed the Jammu and Kashmir Local Bodies Laws (Amendment) Bill, 2024 which seeks to provide reservations for Other Backward Classes (OBCs) in the local bodies of Jammu and Kashmir.
The Bill provides s 27 per cent reservation for OBCs in Panchayati Raj Institutions and Urban Local Bodies, in line with reservations given in other states. This, the government said, will ensure proper political representation for OBCs in Jammu and Kashmir for the first time.
The bill brings the office of the State Election Commissioner of Jammu and Kashmir in consonance with Article 243K of the Indian Constitution. As per Article 243K, the State Election Commissioner cannot be removed from office except in a similar manner and on similar grounds as a judge of the High Court. However, currently in Jammu and Kashmir, the State Election Commissioner can be removed by the Lt Governor. This provision has now been removed.
The bill amends existing local body laws in Jammu and Kashmir to include reservation for Other Backward Classes (OBCs) in Panchayats and Municipalities, alongside the existing reservation for Scheduled Castes and Scheduled Tribes. It replaces the term “Chief Electoral Officer” with “State Election Commission” for overseeing and conducting local body elections, ensuring alignment with the Constitution.
Introduction and Purpose
The bill aims to amend the Jammu and Kashmir Panchayati Raj Act, 1989, the Jammu and Kashmir Municipal Act, 2000, and the Jammu and Kashmir Municipal Corporation Act, 2000. It is introduced in response to the absence of the Legislative Assembly of Jammu and Kashmir following a proclamation by the Government of India, with the powers of the Legislature now vested in Parliament.
Various sections of the mentioned acts are subject to amendments proposed by the bill. These changes include defining “Other Backward Classes,” substituting certain terms, and introducing provisions for the reservation of seats in local bodies for Other Backward Classes, aligning with constitutional requirements. Additionally, amendments are proposed to the appointment, removal, and service conditions of the State Election Commissioner to ensure alignment with constitutional provisions.
The bill proposes the reservation of seats for Other Backward Classes in local bodies, alongside aligning terminologies and provisions with constitutional mandates. It further clarifies and adjusts the roles and responsibilities of various bodies involved in local governance.
The rationale behind the amendments is provided in the statement, referencing constitutional provisions regarding reservation for backward classes and the role of the State Election Commission. Discrepancies between existing laws and constitutional provisions are noted, with the aim of ensuring justice and representation for Other Backward Classes in local governance, in accordance with constitutional principles.
The bill states that its enactment will not result in any financial expenditure from the Consolidated Fund of India.
Extracts from the Jammu and Kashmir Panchayati Raj Act, 1989, and the Jammu and Kashmir Municipal Act, 2000, are provided in the annexure, highlighting relevant sections related to the proposed amendments.
The amendment alters the criteria for removing the State Election Commissioner, bringing it in line with the Constitution, where previously, removal could only be done by the Lt. Governor for misbehaviour or incapacity, now aligning with the removal process of a High Court judge. The bill aims to provide social justice to OBCs in J&K local bodies while harmonizing laws with the Indian Constitution post the abrogation of Article 370.
This marks the first instance of OBCs receiving political reservation in Jammu and Kashmir local bodies, bringing it in line with the rest of India and addressing social justice concerns. It further integrates Jammu and Kashmir’s governance structure with the one already in vogue in rest of the country. The bill does not impose significant financial implications or expenditures from the Consolidated Fund of India.
In summary, this bill represents a significant political step towards providing reservation to OBCs in Jammu and Kashmir local bodies. The bill highlights replaces references to “Backward Classes” with “Other Backward Classes (OBCs)” for clarity and conformity across laws on reserved categories.
The Statement of Objects and Reasons of the Bill states that this amendment will provide reservation for OBCs in local bodies of Jammu and Kashmir, bringing the Jammu and Kashmir local body laws in agreement with Part IX and IXA of the Indian Constitution.
Part IX and IXA of the Constitution provide for establishment of Panchayats and Municipalities in states/UTs and empower state legislatures to reserve seats for backward classes in these institutions.
By providing reservation for OBCs, almost 27 per cent of Jammu and Kashmir’s population will get due political representation in grassroot governance bodies. This supports the principles of equality and social justice enshrined in the Indian Constitution.
The bill also aims to bring uniformity across election procedures for local bodies by specifying that the State Election Commission will conduct these elections both for panchayats and municipalities.
