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

In a significant development, the Parliament today (February 9) cleared the Jammu and Kashmir Local Bodies Laws (Amendment) Bill, 2024, which aims to provide reservation for Other Backward Classes (OBCs) in the local bodies of the Union Territory (panchayats and municipalities) as well as to bring local bodies' laws in conformity with the provisions of the Constitution.

As per stipulations, the number of seats to be reserved for OBCs will be decided by a Commission to be constituted as and when the Bill is enacted as a law.

Recognizing that the Acts of J&K have no provision for reservation of seats for OBCs in panchayats and municipalities, the subject Bill seeks to amend the Jammu and Kashmir (J&K) Panchayati Raj Act, 1989, the J&K Municipal Act, 2000 and the J&K Municipal Corporation Act, 2000. It states that certain provisions of Panchayati Raj Act, 1989 and Municipal laws of J&K are at variance with the provisions of the Constitution.

To elucidate, the Bill points out that under Articles 243K and 243ZA of the Constitution, the superintendence, direction and control of the preparation of electoral rolls and conduct of all elections to Panchayats and Municipalities is vested in a "State Election Commission" consisting of a "State Election Commissioner". However, as per Municipal laws of J&K, the conduct of elections to Municipalities and Municipal Corporations lies with "the Chief Electoral Officer" of the UT.

Further, although proviso to Article 243K(2) of the Constitution envisages that the State Election Commissioner shall not be removed from his office except in like manner and on like grounds as a Judge of a High Court, and that conditions of his service shall not be varied to his disadvantage after appointment, Section 36B of the J&K Panchayati Raj Act, 1989 provides a different procedure.

Under the Panchayati Raj Act, the State Election Commissioner shall not be removed from his office except by an order made by the Lieutenant Governor (LG) on the ground of proved misbehavior/incapacity after an inquiry conducted by a sitting/retired judge of the High Court, on a reference made to him by the LG.

First introduced in Lok Sabha by Minister of State for Home Affairs Nityanand Rai, the subject Bill was passed by the Lower House on February 6, 2024. During the discussions, the Opposition had demanded that the government specify a timeframe for conducting Assembly polls.

In a span of 3 days since, the Bill now stands passed by the Rajya Sabha as well.