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Source– This post is based on the article “No local body representatives in J&K from January 9; no Assembly since 2018” published in “The Hindu” on 7th January 2024.
Why in the News?
Starting January 9, electoral representation at the grassroots level in Jammu and Kashmir will be lost as the five-year term of nearly 30,000 local representatives comes to an end.
What is the timeline for this issue?
1) Since the collapse of the BJP-PDP coalition government in June 2018, J&K has been under Central rule.
2) In September 2018, the Union government transferred 29 subjects, including primary health centers and schools, to Panchayats under the 73rd amendment.
3) J&K partially adopted these changes after the 1993 passage of the 73rd Constitutional Amendment Act.
4) In 2020, the Union Cabinet approved the adapted Jammu and Kashmir Panchayati Raj Act, creating District Development Councils in the UT, with members directly elected by the people and no involvement from the Legislative Assembly.
5) Upon the conclusion of the term for local representatives, new panchayat elections in J&K will be conducted following the ongoing delimitation exercise.
Note– The last Panchayat elections in the former state of J&K took place in late 2018.
What are the constitutional provisions for local body elections?
1) 73rd Amendment Act, 1992 (Panchayati Raj):
a. Enacted to strengthen the Panchayati Raj system in rural areas.
b. Provides constitutional status to Panchayats (local self-government institutions at the village, intermediate, and district levels).
c. Part IX of the Constitution contains provisions related to Panchayats.
d. There are 29 subjects addressed in Schedule 11 concerning panchayats.
2) 74th Amendment Act, 1992 (Urban Local Bodies):
a. Aimed at strengthening Urban Local Bodies (ULBs) in urban areas.
b. Provides constitutional status to Municipalities (local self-government institutions in urban areas).
c. Part IXA of the Constitution contains provisions related to Municipalities.
d. There are 18 subjects covered in Schedule 12 pertaining to municipalities.
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