The much-awaited bill to grant reservation to Other Backward Classes (OBCs) in Urban Local Bodies (ULBs) and Panchayats in Jammu and Kashmir was introduced in the Lok Sabha today.
Minister of State for Home Nityanand Rai introduced the bill on behalf of Home Minister Amit Shah.
The Jammu and Kashmir Local Bodies Laws (Amendment) Bill, 2024, seeks 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
"Whereas the Legislative Assembly of the Union territory of Jammu and Kashmir is not in existence and proclamation made by the Government of India vide number S.O 3937 (E), dated the 31st October 2019, in terms of section 73 of the Jammu and Kashmir Reorganisation Act, 2019 is in force; And whereas in terms of the Proclamation above, the powers of the Legislature of the Union territory of Jammu and Kashmir shall be exercisable by or under the authority of Parliament", the Bill reads.
Bill seeks to grant reservation to OBCs in ULBs, Panchayats
The Jammu and Kashmir Local Bodies Laws (Amendment) Bill, 2024 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 (the Acts) in consonance with the provisions of Part IX and Part IXA of the Constitution.
Part IX and Part IXA of the Constitution relate to "the Panchayats" and "the Municipalities". Clause (6) of articles 243D and 243T of the Constitution empowers the Legislature of a State to make provision for the 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 has no provision for reservation of seats for "Other Backward Classes" in the Panchayats and the Municipalities.
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". A similar provision was incorporated in the Jammu and Kashmir Panchayati Raj Act, of 1989.
However, as per Municipal laws of the Union territory of Jammu and Kashmir, the conduct of all elections to the Municipalities and Municipal Corporations lies with "the Chief Electoral Officer" of Jammu and Kashmir.
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 proven 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 the State Election Commissioner in the Jammu and Kashmir Panchayati Raj Act, 1989 are at variance with the provisions of the Constitution.
In order to provide reservations 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.
One-third of OBCs seats are to be reserved for women in Panchayats, ULBs
Among the total seats reserved for the OBCs in Panchayats and Municipalities, one-third of them will be reserved for OBC Women.
There will be reservations for the OBCs in the posts of District Development Council (DDC) and Block Development Council (BDC) Chairpersons also besides the Sarpanch and Panch constituencies; Corporators, Councillors, and Members of the ULBs.
However, the percentage of reservation to be given to the OBCs will be decided by a Commission after the Parliament approves the reservation bill. This will be the first time that the OBCs will be getting political reservations in Jammu and Kashmir.
