The Ministry of Home Affairs on Tuesday said that the Centre has notified the Jammu and Kashmir Local Bodies Laws (Amendment) Act, 2024, and its provisions of the act would apply with immediate effect dated February 20.
On February 7, the Lok Sabha unanimously passed the Jammu and Kashmir Local Bodies Laws (Amendment) Bill, 2024, focused on providing OBC reservations in panchayats and municipalities in the Union Territory.
The Bill aligns the Acts with constitutional provisions, emphasising the rights of OBCs in Jammu and Kashmir. The amendment also clarifies the process for removing the State Election Commissioner, ensuring alignment with constitutional standards.
It is to be noted that the Bill was commended during its presentation by Minister of State for Home Affairs Nityanand Rai, highlighted its importance in addressing constitutional ambiguities and promoting OBC rights in the region.
The constitutional changes of August 5, 2019, led to the revocation of Article 370, granting special status to the former state, resulting in Jammu and Kashmir becoming a Union territory with a legislative assembly provision.
READ | Lok Sabha Passes Bill For OBC Reservation In Jammu-Kashmir's Local Bodies
Provisions Of J&K Local Bodies Act:
The Act, providing 27% reservation for Other Backward Classes (OBCs) in Panchayati Raj Institutions and Urban Local Bodies, aligns with the reservation policies in place in other states. This move is expected to establish equitable political representation for OBCs in Jammu and Kashmir for the first time.
One of the significant changes introduced by the bill is bringing the office of the State Election Commissioner of Jammu and Kashmir in line with Article 243K of the Indian Constitution. The amendment ensures that the State Election Commissioner cannot be removed from office except through a process similar to that of a High Court judge, removing the provision where the Lt Governor held the authority to remove the Commissioner.
The bill introduces amendments to existing local body laws in Jammu and Kashmir, incorporating reservations for OBCs in Panchayats and Municipalities alongside existing reservations for Scheduled Castes and Scheduled Tribes. The term "Chief Electoral Officer" is replaced with "State Election Commission" to oversee and conduct local body elections, ensuring alignment with constitutional provisions.
Specifically targeting 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 bill responds to the absence of the Legislative Assembly of Jammu and Kashmir. The powers of the Legislature are currently vested in Parliament due to a proclamation by the Government of India.
The amendments proposed by the bill encompass various sections of the mentioned acts, defining "Other Backward Classes," substituting terms, and introducing provisions for OBC reservations in local bodies. Additionally, the bill addresses the appointment, removal, and service conditions of the State Election Commissioner to ensure compliance with constitutional provisions.