The Union government on Monday introduced a Bill in the Lok Sabha to provide reservation to Other Backward Classes (OBCs) in panchayat and municipal bodies of Jammu and Kashmir.
The number of seats reserved for OBCs will be decided by a commission that will be formed after the legislation has been passed by the Parliament.
Presently, there is no reservation for OBCs in panchayats and municipalities in the Union Territory. Minister of State for Home Nityanand Rai introduced the Bill on Monday.
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The Statement of Objects and Reasons of The Jammu and Kashmir Local Bodies Laws (Amendment) Bill, 2024 said the legislation aims to provide reservation to OBCs in the local bodies and bring consistency in the laws with the provisions of the Constitution.
“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,” the statement said.
The Bill seeks to amend certain provisions of the J&K Panchayati Raj Act, 1989, the J&K Municipal Act, 2000 and the J&K Municipal Corporation Act, 2000 in consonance with the provisions of Part IX and Part IXA of the Constitution.
The said provisions 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 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,” the statement said.
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It added that 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” (SEC). A similar provision was incorporated in the J&K Panchayati Raj Act, 1989. However, as per municipal laws of the J&K, the conduct of all elections to the Municipalities and Municipal Corporations lies with the Chief Electoral Officer.
It added that the provisions pertaining to SEC in the J&K Panchayati Raj Act, 1989 are at variance with the provisions of the Constitution.
“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 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 statement said.
