Rajan Gandhi
The Panchayati Raj is a unique and time tested concept in our country. From Anna Hazarae’s model village to other numerous village-Panchayat success stories, the method may vary, but the purpose is progress of rural masses. Right from ancient ages when community spirit was the binding force not only to keep village communities united but to help them, manage local affairs independently. Panchayats ,as traditional institutions, were seen in India as almost sacred with their Panchas treated as ‘Panch Parmeshwar’ with expectations of fair justice in their role of settlement of local inter-personal and community disputes. Panchayats are typically small republics in Indian democracy having every right to run local administration. The new form of Panchayats can be traced way back to the Panchayat laws enacted in the provinces and princely states in 1920 and thereafter. Panchayats are right now practically dealing with sanitation, regulation and maintenance of buildings, roads, etc. and are fully empowered with judicial powers for settlement of social issues.
Article 40 of the Constitution of India clearly directs State to take steps to organise village Panchayats and endow them with such powers and authority to enable them function as units of local self-government. The two milestones in the evolution of Panchayati Raj Institutions (PRIs) were the reports of two committees set up by the Central Government , namely, B.R Mehta Committee of 1957 and Asoka Mehta Committee of 1978. There were long delays in holding of Panchayat elections, frequent suspension/supersession/dissolution of the Panchayat bodies, lack of functional and financial autonomy, inadequate representation of marginalised and weaker sections and meager and occasional government grants. This crippled the functioning of Panchayats and did not allow them to function as institutions of local self-government as envisaged in the Constitution. Consequently, Constitution (73rd Amendment) Act, 1992 was passed and was brought into force with effect from April 24, 1993.
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. By an amendment in 1941, the list of functions of the 1935 Regulation were widened. First by an Act of 1951 and later in 1958 amendments took place and further by 1989 amendments the Panchayati Raj Institutions were re-established in present form. This Act provides for a three tier PRI system which is 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 seven to 11 Panchs and a Sarpanch. Unlike the 73rd Amendment to the Constitution that provides that all the seats in the Panchayats shall be filled by persons chosen by direct election from territorial constituencies in the Panchayats, this Act provides for nominations at every level – the Halqa Panchayat , the Block Development Council and the District Planning and Development Board.
The 73rd Constitutional Amendment Act in April 1993 is yet to be implemented by the Government of J and K. However, the state framed ‘The Jammu and Kashmir Panchayat Rules – 1996, based on its own Panchayati Raj Act of 1989. As J and K has been passing through turmoil since 1989, the progress on establishment of Panchayats was adversely affected. The Government of
J and K has rejected implementation of the 73rd Amendment citing provisions of Article 370. However, the State Government had no hesitation in extending the “National Rural Employment Guarantee Act (NREGA)” to J and K, as it is populist measure. But there remains a marked reservation in implementing the 73rd Amendment as political parties in J and 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. It is a well accepted fact that devolution of power to the Panchayats had not gone down well with a section of politicians and bureaucrats. At that time the two partners in the ruling Coalition Government in the State had taken opposing stands with the national party favouring implementation of the 73rd Amendment and the regional party opposing it. The political stage thus got polarised and provided the separatists and the hardliners an opportunity to whip up sentiments in the Valley on the emotive issue of Article 370. Finally, in a positive development, the elections to the village Panchayats were conducted successfully in 2011.The peaceful and the successful conduct of Panchayat elections in 2011 after a gap of nearly three decades and the proposed urban local body’s elections before the end of 2012 rattled the terrorist groups and their handlers across the border. 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 Sarpanchs were killed in terrorist attacks as a result of which about 500 Panchayat members announced their resignation openly through newspapers/mosques. This was nothing but a brazen attack on democratic process with a view to stall the progress of rural masses. The elected Panchayat representatives demanded adequate security cover. But the fact that there are more than 30,000 Panchs/ Sarpanchs, and considering the nature of duty they perform, it would be impossible for the already stretched police forces to provide the required degree of security. Though all the killings were not terror related but some were to settle political scores and personal feuds in the garb of militancy.
Elections to both the local self-governing bodies are supposed to be held after every five years, but after 2005 the ULB polls have not been conducted while the term of the Panchayats have also expired. The absence of Panchayats and ULBs not only prevents the decentralisation of power, it also blocks the money that is budgeted for them. The State will lose more Rs 4,000 crore granted by the 14th Finance Commission if the polls are not held. The funds consist of more than Rs 3,117 crore for Panchayats and Rs 1,044 crore for urban civic bodies. Jammu and Kashmir has two municipal corporations, six municipal councils, 72 municipal committees, and 3,200 Panchayats, all of which have no elected representatives and have stopped receiving central funds. The Panchayati Raj Act 2011 enjoins State Governments to set up a State Election Commission that is to be headed by a retired IAS officer or an official not below the rank of Commissioner Secretary with experience in conduct of polls. The commission’s mandate is to conduct local polls, including trade body elections. In the absence of the regulatory body, the Jammu and Kashmir Government has vested these powers in itself by announcing the polls. It allows the ruling party to have its veto on conducting polls. Successive governments delayed ULB polls despite announcing it. It has turned into a political issue. It seems the government does not want to conduct polls in time because it will split its power and the prevailing Valley conditions have given them another excuse not to go for elections.
Incidentally, the last municipal elections were held in 2005 when Mufti Mohammad Sayeed was the Chief Minister and headed the coalition with the Congress and next elections were planned shortly before the death of CM Mufti and later on further deferred due on going turmoil post Burhan Wani. 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. Keeping in view that elections are rarely held firstly due to Sheikh’s detention and afterwards due to militancy and if all parties are really serious about rural development why not pass a special Act in Assembly for amendment of Jammu and Kashmir Panchayati Raj Act for direct nominations of all Panchs, Sarpanchs to set the Panchayati Raj on track. Avail the benefits of central schemes and bring a system for removing local issues in the shortest interval of time. With funds available go for infrastructural development like school buildings, sanitation, dispensaries, sports infrastructure, bunkers in border areas, small water schemes, all weather roads, small bridges to name a few which are really big issues for rural masses and of course lot of employment opportunities will emerge with these development activities. This will also help in removing alienation of people in rural areas of Kashmir which requires utmost attention right now keeping in view no politician dares to venture Kashmir city areas leave alone the rural ones. These development schemes will act as a bridge between government and public. Failure on this score is allowing the separatists to highlight lack of development and the already plunged Valley will devoid people of much needed flip in rural areas. With turmoil in Kashmir, Jammu and Ladakh regions are also facing crunch of funds due to non availability of central grants as no elections have been held since 2005. It is the most appropriate time for State Government to think about divergence of power to local bodies for fulfillment of rural dreams. After all, democracy is practically due to people and for the people.
“You never change things by fighting the existing reality. To change something, build a new model that makes the existing model obsolete.”
