New Delhi: Union Minister of State Nityanand Rai Monday introduced the Jammu and Kashmir Local Bodies Laws (Amendment) Bill, 2024 in the Lok Sabha to provide for reservation of Other Backward Classes (OBCs) in the panchayats and the municipalities.
It also changes the rules for removal of the State Election Commissioner to bring it in line with the rest of the country.
The bill seeks to amend 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.
Till now Jammu and Kashmir has no provision for reservation for OBCs in the panchayats and the municipalities, unlike various other states in the country. The bill has significant implications because the panchayat and municipality polls are due in the Union Territory (UT) with the revision of electoral rolls underway. The UT is also yet to hold assembly elections since the abrogation of Article 370 in August 2019.
On 9 January 2024, the term of nearly 28,000 local representatives ended with no elections in sight. Back in 2018, last panchayat elections were held and elections to 39,521 sarpanch and panch constituencies were conducted.
At the time, the two major regional parties — the National Conference and the People’s Democratic Party — had boycotted the polls, thereby restricting the contest largely being fought between the BJP and the Congress. This was the last election before the Centre abrogated Article 370.
The new bill also deals with the removal of the state election commissioner. Section 36B of the Jammu and Kashmir Panchayati Raj Act, 1989 provides that the state election commissioner shall not be removed from office except by an order made by the Lieutenant Governor (L-G) 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 by the L-G.
The new bill seeks to bring the removal of the state election commissioner in line with Article 243K (Elections to Panchayat) of the Constitution. Clause (2) of Article 243K states that the state election commissioner can only be removed “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.
As per Article 218 of the Constitution, a HC judge can only be removed by an order of the President passed after an “address by each House of Parliament”, which should be passed with a special majority.
Special majority means that the motion be supported by a majority of the total members of the House and at least two-third of the members of the House present. After the motion is passed, the address is presented to the President for removal of the judge. The President then passes an order removing the judge.
If the bill is passed, the same procedure will now be followed for removal of the J&K state election commissioner.
Another change the bill brings is the change in terminology. According to Articles 243K and 243 ZA (Elections to municipalities) of the Constitution, the “superintendence, direction and control” of the preparation of electoral rolls and the conduct of all elections to the panchayats and municipalities is “vested in a state election commission” consisting of a “state election commissioner”.
However, as per municipal laws of the Union territory of J&K, the conduct of all elections to the municipalities and municipal corporations lies with “the chief electoral officer”.
Rai introduced the bill on behalf of Union Home minister Amit Shah.
“In order to provide reservation to the OBCs in the panchayats and the municipalities in the Union Territory of Jammu and Kashmir and to bring consistency in the local bodies laws 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,” read the statement of objects and reasons for the 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,” it added.
(Edited by Tony Rai)