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| Omar's historic Panchayati Raj futile, govt controlled | | Where is devolution of powers? | | Early Times Report
SRINAGAR, Sept 21: Without unveiling draft of so-called 'historic Panchayati Raj Act', information department came up with an often repeated catchy headline 'Omar Abdullah led Cabinet creates History'.
This is almost now 100th time that history has been created by Omar led cabinet. New Delhi's practice match has bore fruits and their man, Chief Minister has done wonders by doing something which is still miles away from giving the Panchayats their due share in effective empowerment and governance.
It needs to be recalled here that committee on devolution of Powers to the Panchayats in its report, reference of which has been given in the official handout, has termed it as undesirable to consider any amendment in the Jammu and Kashmir Panchayati Raj Act- 1989 in the context of 73rd Constitutional Amendment (together with 11th Schedule of the Constitution of India) before the next elections to the Panchayats.
Committee in its has mentioned that it would not be at all desirable at this stage to consider any amendment in the Panchayati Raj Act of 1989. "A comparison between the J&K Panchayati Raj Act, 1989 and the 73rd Constitutional Amendment (together with 11th Schedule of the Constitution of India) is often made in the context of the non-applicability of the latter to the State", the report said, adding "the Committee after thorough deliberations on the question has arrived at a conclusion that since the elections to the Panchayats have recently been conducted under the state act and the Panchayati Raj Institutions as all three tiers are just beginning to get established, it would not be at all enviable at this stage to consider any amendment that may lend uncertainty to the constitution of the bodies at Halqa Panchayat, Block and District levels.
The report further said that efforts of the government should be focused at the present to strengthen three tiers of the Panchayati Raj Institutions for the duration of their term as envisaged in the Act-five years". "As the Panchayati Raj Institutions have started functioning, it would be necessary to carefully watch their performance especially in the light of the salient differences between 73rd Constitution Amendment and the State Act", it further said while suggesting that the proposed amendments should be considered for being applicable when Panchayats are next constituted after five years.
Among the proposed amendments are modification in Section 45 of the Jammu and Kashmir Panchayati Raj Act in order to create provision for election of the Chairman District Planning and Development Board by the electoral college of Panches, Sarpanches of Halqa Panchayats and Chairman of Block Development Council and amendment in Section 4 and other relevant provisions to extend reservation of women and SC/ST to the levels of Sarpanch of Halqa Panchayat and Chairman Block Development Council and Chairman of District Planning and Development Board.
Committee has noted that the government has already enacted the J&K State Finance Commission Act, 2011 and amended the Panchayati Raj Act, 1989 to constitute the State Election Commission and these legislations have substantively taken care of the institutional deficiencies of the J&K Panchayati Raj Act, 1989 vis-à-vis the 73rd Amendment.
Further, fears about centralization of power through the cover of Panchayati raj are further confirmed by some provisions of the state law. Jammu and Kashmir needs participatory democracy but lack of trust in the people seems to be the only plausible explanation for the type of law the state has passed. It is more an instrument of regimentation and centralization than empowerment of the people. |
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