Local Governance in Jammu and Kashmir: Historical Perspective and Future Trends

By

HS Gill

In Jammu and Kashmir, the roots of Panchayati Raj were planted by Maharaja Hari Singh in 1935 by promulgation of the Jammu and Kashmir Village Panchayat Regulation No1. A special Department of Panchayats and Rural Development was created in 1936 to administer the 1935 Regulation. By an amendment in 1941, the list of functions of the 1935 Regulation were widened. By an Act of 1951, the Panchayati Raj Institutions (PRI) was adopted to be re-established. The Jammu and Kashmir Government thereafter enacted the Village Panchayat Act in 1958 replacing the 1951 Act and in 1989 , the in force Jammu and Kashmir Panchayati Raj Act came into existence. This Act provides for a 3 tier PRI system which are called Halqa Panchayat, Block Development Council and District Planning and Development Board for the village, block and district level respectively. Each Halqa Panchayat comprises of 7 to 11 Panches and a Sarpanch. The Sarpanch and Panches would be elected directly by the people. A naib sarpanch is nominated by all the panches of a halqa panchayat. Naib sarpanch performs the same duties as those of sarpanch in the event of sarpanch not being in a position to fulfill his/her duties. Village level worker will be the secretary of the halqa panchayat.

Alongside these developments, the Indian Parliament passed the 73rd Constitutional Amendment Act in April 1993. This Act is yet to be implemented by the Government of J&K. However, the state framed ‘The Jammu and Kashmir Panchayat Rules - 1996, based on its own Panchayati Raj Act of 1989. As J&K has been passing through turmoil since 1989, the progress on establishment of panchayats was adversely affected. Finally, in a positive development, the elections to the village panchayats were conducted successfully in 2011.

While the state of J&K is moving ahead with the Panchayati Raj provisions of the Act passed in the state legislature, it has not accepted the 73rd Amendment passed by the Indian Parliament on the grounds that it violates Article 370 of the Constitution of India. Article 370 grants special status to Jammu and Kashmir, and specifies that except for Defence, Foreign Affairs and Communications, the Indian Parliament required the State Government's concurrence for applying all other laws to the state of J&K. The state government has not accorded concurrence to make the 73rd Amendment applicable to the state.

The key mandatory provisions of 73rd Amendment are as under: -

(a)       The establishment in every state (except those with populations below 2   million) of rural local bodies (panchayats) at the village, intermediate and district levels.

(b)       Direct elections to all seats in the panchayats at all levels.

(c)       Compulsory elections to panchayats every five years with elections being held before the end of the term of the incumbent panchayat. In the event that a panchayat is dissolved prematurely, elections must be held within six months, with the newly elected members serving out the remainder of   the five year term.

(d)       Mandatory reservation of seats in all panchayats at all levels for Dalits and Adivasis in proportion to their share of the panchayat population.

(e)       Mandatory reservation of one-third of all seats in all panchayats at all levels for women, with the reservation for women applying to the seats reserved for Dalits and Adivasis as well.

(f)        Indirect elections to the position of panchayat chairperson at the intermediate and district levels.

(g)       Mandatory reservation of the position of panchayat chairperson at all levels for Dalits and Adivasis in proportion to their share in the state population.

(h)       Mandatory reservation of one-third of the positions of panchayat    chairperson at all three levels for women.

(j)         In addition, the Act mandates the constitution of two state-level commissions; an independent election commission to supervise and manage elections to local bodies, much as the Election Commission of India manages state assembly and parliamentary elections.

(k)       A state finance commission, established every five years, to review the financial position of local bodies and recommend the principles that should govern the allocation of funds and taxation authority to local bodies.

The issue of the 73rd Amendment is finding increasing resonance in the state and herein lie the seeds of future conflict. The Government of J & K has rejected implementation of the 73rd Amendment citing provisions of Article 370. A statement by a minister of the J&K Government is explicit on that account. However, the state government had no hesitation in extending the “National Rural Employment Guarantee Act (NREGA)” to J&K, as it is populist measure. But there remains a marked reservation in implementing the 73rd Amendment as political parties in J&K, do not want to give more powers to Panchayats as incorporating all the features of the 73rd amendment would make them independent with respect to planning and execution of development works and utilisation of funds. The Chief Minister has accepted the fact that devolution of power to the panchayats had not gone down well with a section of politicians and bureaucrats. Further, the two partners in the ruling coalition government in the state have taken opposing stands with the national party favouring implementation of the 73rd Amendment and the regional party opposing it. The main opposition party in the state has now announced its decision to introduce an amendment to the State Panchayati Raj Act 1989 in the state assembly incorporating the provisions of the 73rd Amendment. The political stage is thus getting set for bitter controversy which could provide the separatists and the hardliners an opportunity to whip up sentiments in the Valley on the emotive issue of Article 370. This could bring violent protests back to the streets.

 Attack on Democracy

The peaceful and the successful conduct of panchayat elections in 2011 after a gap of nearly three decades and the proposed urban local bodies elections before the end of 2012, seem to have rattled the terrorist groups and their handlers across the border. In what seems to be a well chalked out plan to deter the masses from participating in the democratic process, a systematic attack on the roots of democracy was initiated during April 2012, with LeT (Lashkar-e-Toiba) terrorists warning the duly elected panchayat members either to quit or be ready for dreadful consequences. To give effect to the threats and enforce their diktat, a few panchayat members and sarpanches have been killed in terrorist attacks as a result of which about 500 panchayat members have announced their resignation openly through newspapers/mosques, although the state government claims that only a handful of resignations have been received. This is nothing but a brazen attack on democratic process with a view to make the forthcoming urban local bodies elections, a non starter.

Security and Political Angle

The elected panchayat representatives have been demanding adequate security cover. The state IG of police has proposed to provide adequate security cover to them. The Chief Minister has promised security to the members of the panchayats amid reports of mounting resignations by them in the wake of attacks by militants. But this is easier said than done. The fact that there are more than 30,000 panches/ sarpanches, and considering the nature of duty they perform, it would be well-nigh impossible for the already stretched police forces to provide the required degree of security. It is also believed that all the killings are not terrorist related but could be related to settling political scores and personal feuds in the garb of militancy. While the panchayat elections were conducted on a non-party basis, in the closely knit villages and societies of J&K, the political affiliation of each person is well known. Resignations could also be attributed to the fact that many of the elected representatives are upset about the fact that the panchayats have not been empowered. As elections to the Block and District Councils which are part of the 3 tier PRIs in the state are to be held shortly, the likelihood of increased public agitations, instigated or otherwise retains a high probability. The security forces need to be aware of the possibility of conflict once again consuming the state. The political parties on their part need to rise to the occasion and show political dexterity and sagacity and not allow the atmosphere to get vitiated. Failure on this score will allow the separatists to hijack the agenda and plunge the Valley once again into conflict.

HS Gill is a Senior Fellow, CLAWS

Views expressed are personal