OPINION: Is Panchayati Raj Election In J&K A Step Towards Democratic Revival?

Panchayati Raj, also referred to as grassroots democracy or local-level democracy, embodies the empowerment of individuals through the transfer of authority from the State government to local grassroots entities. This is achieved by establishing empowered local governing bodies. This transfer of power not only grants people a platform to voice their opinions but also confers upon them the authority to make choices that influence the development path aligned with their specific needs and priorities. At its core, the concept of Panchayati Raj encapsulates participatory governance at the local level, with inputs flowing from the bottom up into political institutions and the development process. It constitutes a pivotal element within a broader strategy that redefines how development is perceived and executed. This shift entails a move from development delivered by external entities to development that is participatory in nature. This transformation is carried out in a transparent and accountable manner, underlining the state's responsibility to ensure people's engagement in a manner that is fair, just, and open.

Similar to any other state within India, Panchayati Raj holds significance for Jammu and Kashmir as well. With the announcement of State Election Commission's announcement that Panchayati Raj elections are scheduled to be held soon after the work of the Electoral Rolls is completed, it is all the more important to discuss its relevance for J & K. Its framework in present-day Jammu & Kashmir carries a historical backdrop marked by struggles. It is documented that the inception of the Panchayati system traces back to approximately 1935 when Maharaja Hari Singh initiated its establishment. This initiative aimed at resolving local disputes within rural communities. The Village Panchayat Regulation Act No. 1 was promulgated by Maharaja Hari Singh to formalize this concept. In each village or a cluster of villages, a panchayat was formed, consisting of panches ranging from 5 to 7 members. The majority of these members were appointed through nominations, including the sarpanch. Merely 3 percent of the population had the eligibility to participate in voting and candidacy for elections. In the year 1941, a revision was made to the Village Panchayat Act of 1935, broadening the purview of panchayats to encompass responsibilities pertaining to civic affairs and developmental activities.

In 1947, with the conclusion of Maharaja Hari Singh's Dogra rule and the transfer of authority to Sheikh Mohammad Abdullah, further amendments were made to the Panchayati Raj Act in both 1951 and 1958. The Jammu and Kashmir Village Panchayat Act of 1951 introduced the establishment of village panchayats based on democratic principles, effectively repealing the earlier Village Panchayat Regulations of 1935 and 1941. The objective of this legislation was to reshape the panchayat system, envisioning their transformation into self-governing village entities dedicated to advancing the prosperity, well-being, and progress of the community. Each panchayat was intended to possess the necessary administrative and financial autonomy, fostering the development of villages in agriculture and related sectors, while also implementing government welfare initiatives.

Only in the year 1989 did the Government of Jammu & Kashmir introduce fresh legislation, leading to the enactment of the Jammu & Kashmir Panchayati Raj Act of 1989. While there existed a precedent of Panchayat elections in Jammu and Kashmir, participation was not obligatory. Since, no constitutional mandate required the government to organize fresh elections upon the completion of the 6-year term of the Panchayats under the JK Panchayati Raj Act of 1989. The absence of elections for block or district councils indicated the lack of commitment from the political leaders in J&K towards Panchayati Raj. Despite the presence of provisions in the Jammu & Kashmir Panchayati Raj Act of 1989, the progression of this institution to the second or third tiers was obstructed.

The actual endeavour to establish a three-tier PRI (Panchayati Raj Institution) framework in Jammu and Kashmir commenced in 2012, initiated by a coalition of Sarpanches under the leadership of Shafiq Mir, a Sarpanch hailing from the Poonch district of the region but they could also not ensure regular panchayat elections. After the 2014 elections and the coming in of the BJP-PDP government efforts were made to hold fresh Panchayat elections but due to the boycott of all political parties it became difficult to conduct elections.

After the August 2019 abrogation of Article 370 by the Central Government and bi-furcation of the state of J&K into two Union Territories, the 73rd Amendment to the Indian Constitution was extended to J&K. This gave a new outlook the whole problem of irregular elections in the Panchayati Raj Institutions in the state. Subsequently, in 2019, the first-ever elections for the second-tier block development councils were conducted, and in 2020, the third-tier elections took place, thereby culminating in the establishment of a comprehensive Panchayati Raj system in Jammu and Kashmir. There are many hopes and aspirations with the Panchayat elections going to be held this year which will create and establish a stable and inclusive environment for the citizens where they can be sure of increasing political participation at all levels.

(Dr. Sushmita Rajwar is currently Assistant Professor at Department of Political Science, Maharaja Agrasen College, University of Delhi. She has completed her Ph.D from Department of African Studies, School of International Studies, Jawaharlal Nehru University, New Delhi. She publishes on topics related to International Affairs.)

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