Bill to amend local bodies’ laws in Jammu and Kashmir introduced in Lok Sabha

The Union Government on Monday introduced a Bill in the Lok Sabha that will, for the first time, reserve seats for other backward classes (OBCs) in the Municipal and Panchayat elections in Jammu and Kashmir.

The Bill proposes to vest powers with the State Election Commissioner to conduct these elections. So far, the powers to conduct elections to the Municipalities and Municipal Corporations lies with “the Chief Electoral Officer” of Jammu and Kashmir.

Minister of State for Home Nityanand Rai introduced the Bill in the Lok Sabha on Monday. This comes during what is probably the last Parliament session for this government. The session is slated to end on February 8.

Named the Jammu and Kashmir Local Bodies Laws (Amendment) Bill, 2024, it seeks to amend certain provisions of the Jammu and Kashmir Panchayati Raj Act, 1989, the Jammu and Kashmir Municipal Act, 2000, and the Jammu and Kashmir Municipal Corporation Act, 2000, and bring them in consonance with the provisions of the Constitution.

Jammu and Kashmir is a Union Territory since August 2019, hence powers to enact laws are with the Parliament. The Constitution, while referring to “the Panchayats” and “the Municipalities”, empowers the Legislature of a State to make provision for reservation of seats in favour of citizens of OBCs.

The Bill, while detailing what it aims to achieve, said: “It has become necessary to amend certain provisions of the Acts and to introduce a Bill…. 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”.

“This will bring consistency in the local bodies laws of Jammu and Kashmir with the provisions of the Constitution,” the statement of the Bill said.

The existing Acts of Union Territory of Jammu and Kashmir has no provision for reservation of seats for “Other Backward Classes” in the Panchayats and the Municipalities.

The Constitution says superintendence, direction and control of the preparation of electoral rolls and the conduct of all elections to the Panchayats and Municipalities be 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 J&K, the conduct of all elections to the Municipalities and Municipal Corporations lies with “the Chief Electoral Officer” of Jammu and Kashmir.

This will change, and the State Election Commissioner will be empowered.

The Bill also changes the process of removing the ‘State Election Commissioner. The Article 243-K of the Constitution envisages that State Election Commissioner shall not be removed from his office except on the parameters applied to remove a Judge of a High Court.

The existing Jammu and Kashmir Panchayati Raj Act, 1989, is at variance and says 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, are at variance with the provisions of the Constitution,” the statement of the Bill said. The same is proposed to be changed.

Courtesy: The Tribune India: 5th Feb , 2024