Budget session: Centre introduces Bill in Lok Sabha to provide OBC quota in J&K local bodies

Ajay Banerjee

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New Delhi, February 5

The Union Government on Monday introduced a Bill in Lok Sabha that will, for the first time, reserve seats for other backward classes (OBC’s) in 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, 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 what is probably the last Parliament session for the Union 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.

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

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 J&K for the first time after 75 years of independence”.

“This will bring consistency in the laws for local bodies laws J&K with provisions of the Constitution,” the statement of the Bill said.

The existing Acts of Union Territory of J&K don’t have a 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 243K of the Constitution envisages State Election Commissioner shall not be removed from his office except on the parameters, or charges, that are applied to remove a judge of a High Court.

The existing Jammu and Kashmir Panchayati Raj Act, 1989 is at a 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.

Key provisions

• The Jammu and Kashmir Local Bodies Laws (Amendment) Bill, 2024, proposes to vest powers with the State Election Commissioner to conduct local body elections
• The Bill provides that the removal of State Election Commissioner should be similar to the procedure adopted in case of HC judge
• The Bill 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