Lok Sabha Passes Bill Granting OBC Reservations in J-k Local Bodies

Lok Sabha Passes Bill Granting OBC Reservations in J-k Local Bodies

Asif Iqbal | February 7, 2024 | 05:51 PM IST | Jammu Kashmir, Politics | Follow on Google News

Lok Sabha Passes Bill Granting OBC Reservations in J-k Local Bodies.image/KL

Lok Sabha Passes Bill Granting OBC Reservations in J-k Local Bodies

On Tuesday, the Lok Sabha passed the Jammu and Kashmir Local Bodies Laws (Amendment) Bill, 2024, aimed at introducing reservations for Other Backward Classes (OBCs) in the local bodies of Jammu and Kashmir.

The legislation mandates a 27 percent reservation for OBCs in both Panchayati Raj Institutions and Urban Local Bodies, aligning with the existing reservation norms in other states. This move is touted by the government as a significant step towards ensuring adequate political representation for OBCs in Jammu and Kashmir for the first time. Additionally, the Bill brings the office of the State Election Commissioner of Jammu and Kashmir in line with Article 243K of the Indian Constitution, ensuring removal procedures akin to those of a High Court judge.

The amendment revises existing local body laws in Jammu and Kashmir, introducing reservations for OBCs in Panchayats and Municipalities, alongside the existing provisions for Scheduled Castes and Scheduled Tribes. It replaces the term “Chief Electoral Officer” with “State Election Commission” to oversee and conduct local body elections, ensuring alignment with constitutional provisions.

The bill’s objective is 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. It is introduced due to the absence of the Legislative Assembly of Jammu and Kashmir, with Parliament now holding the legislative powers.

The proposed amendments cover various sections of the mentioned acts, defining “Other Backward Classes,” substituting terms, and introducing provisions for OBC reservations in local bodies. The bill also addresses the appointment, removal, and service conditions of the State Election Commissioner to ensure compliance with constitutional provisions. It clarifies and adjusts the roles and responsibilities of various bodies involved in local governance.

The rationale behind the amendments emphasizes constitutional provisions regarding reservations for backward classes and the role of the State Election Commission. Discrepancies between existing laws and constitutional provisions are rectified to ensure justice and representation for OBCs in local governance, aligning with constitutional principles.

The bill asserts that its enactment will not result in any financial expenditure from the Consolidated Fund of India. Extracts from the Jammu and Kashmir Panchayati Raj Act, 1989, and the Jammu and Kashmir Municipal Act, 2000, are provided in the annexure, highlighting relevant sections related to the proposed amendments.

The amendment changes the criteria for removing the State Election Commissioner, aligning it with the Constitution. Previously, removal could only be done by the Lt. Governor, but now it follows the removal process of a High Court judge. The bill aims to provide social justice to OBCs in J&K local bodies while harmonizing laws with the Indian Constitution post the abrogation of Article 370.

This marks the first instance of OBCs receiving political reservation in Jammu and Kashmir local bodies, aligning it with the rest of India and addressing social justice concerns. The bill further integrates Jammu and Kashmir’s governance structure with the one already in vogue in the rest of the country, without imposing significant financial implications or expenditures from the Consolidated Fund of India.

In summary, this bill signifies a crucial political stride towards providing reservations for OBCs in Jammu and Kashmir local bodies. The language is revised to replace references to “Backward Classes” with “Other Backward Classes (OBCs)” for clarity and conformity across laws on reserved categories. The Statement of Objects and Reasons of the Bill emphasizes that this amendment will align Jammu and Kashmir local body laws with Part IX and IXA of the Indian Constitution.

Part IX and IXA of the Constitution facilitate the establishment of Panchayats and Municipalities in states/UTs and empower state legislatures to reserve seats for backward classes in these institutions. By providing reservation for OBCs, nearly 27 percent of Jammu and Kashmir’s population will gain due political representation in grassroots governance bodies, aligning with the principles of equality and social justice enshrined in the Indian Constitution. The bill also aims to bring uniformity across election procedures for local bodies by specifying that the State Election Commission will conduct these elections for both panchayats and municipalities.

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Asif Iqbal

Asif Iqbal is a seasoned news writer with a passion for delivering the latest updates to the public. Currently serving as the senior writer at VoM News, a prominent news outlet known for its comprehensive coverage of diverse topics, Asif has established himself as a reliable source of information. With a keen eye for detail and a knack for storytelling, he consistently provides readers with well-crafted articles that cover a wide range of news categories. His dedication to journalistic integrity and his commitment to staying ahead of the news curve make him an invaluable asset to Vom News, ensuring that readers are always well-informed on the issues that matter most. You can find his work and stay updated on current events by visiting vomnews.in.