Jammu and Kashmir Local Bodies Laws (Amendment) Bill, 2024

February 6, 2024

The Union government has introduced a new bill in the Lok Sabha, aiming to provide reservation for Other Backward Classes (OBCs) in local bodies of Jammu and Kashmir.

The proposed legislation seeks to amend existing laws and bring them into alignment with constitutional provisions. The number of seats to be reserved for OBCs will be determined by a commission, which will be established once the legislation is passed.

Background

Currently, there is no reservation for OBCs in panchayats and municipalities in Jammu and Kashmir. The proposed legislation seeks to change this, ensuring representation for OBCs in these local bodies for the first time in 75 years since India’s independence.

Purpose of the Legislation

The Jammu and Kashmir Local Bodies Laws (Amendment) Bill, 2024 aims to ensure consistency with constitutional provisions. It seeks to amend the J&K Panchayati Raj Act, 1989, the J&K Municipal Act, 2000, and the J&K Municipal Corporation Act, 2000. These amendments align with Part IX and Part IXA of the Constitution, relating to panchayats and municipalities.

Constitutional Provisions

Articles 243D and 243T of the Constitution empower state legislatures to reserve seats in panchayats and municipalities for backward classes. However, current laws in Jammu and Kashmir do not provide for such reservations. The proposed legislation aims to rectify this discrepancy.

Role of the State Election Commission

According to Articles 243K and 243ZA of the Constitution, the preparation of electoral rolls and the conduct of elections for panchayats and municipalities fall under the purview of the State Election Commission (SEC). A similar provision exists in the J&K Panchayati Raj Act, 1989. However, municipal laws in J&K assign these responsibilities to the Chief Electoral Officer, leading to a variance with constitutional provisions.

Removal of the State Election Commissioner

The Constitution states that the State Election Commissioner can only be removed from office in a manner similar to a High Court judge. The conditions of service for the SEC cannot be varied to their disadvantage after their appointment. However, the Jammu and Kashmir Panchayati Raj Act, 1989 allows for the removal of the SEC by the Lieutenant-Governor on grounds of proven misbehaviour or incapacity, following an inquiry conducted by a sitting or retired High Court judge. The proposed amendment seeks to align this provision with the constitutional guideline.

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