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Journal of Rural Development, Vol. 33 No. (1) pp.

73-82
NIRD, Hyderabad.

PANCHAYATI RAJ INSTITUTIONS IN


JAMMU AND KASHMIR: A CRITICAL
ANALYSIS

Ashwani Kumar*

ABSTRACT
Panchayats as traditional institutions were seen in India as almost sacred with
their Panchas (members) referred to as ‘Panch Parmeshwar’ (member as God) with
expectations of fairness and justice in their role of settlement of local inter-personal and
community disputes. The genesis of the new panchayats can be traced to the attempts
made in colonial India. The State of Jammu and Kashmir (J & K) has its own unique history
as far as Panchayati Raj is concerned. In Jammu and Kashmir, the Panchayati Raj
Institutions are established under the Jammu & Kashmir Panchayati Raj Act, 1989.
However, the provisions of 73rd Amendment Act were not extended to the State owing to
the special status of Jammu and Kashmir under Article 370. Although the State
Government has adopted various provisions of 73rd Amendment Act, the Jammu &
Kashmir Panchayati Raj Act, 1989 has many loopholes.

Introduction petty disputes.The next stage of legislative action


The Panchayati Raj is an indigenous and about panchayats was in 1940s when the
time-honoured concept in our country.The form Congress governments elected in the provinces
may vary, but the spirit has always been part of under the Government of India Act 1935
our socio-cultural ethos. Its origin can be traced legislated for more broad-based panchayats
back to ancient ages where community spirit (Buch 2010).
was the main force not only to keep village It is, however, in Independent India that
communities united but to help them manage we see panchayats in their present incarnation
local affairs independently. Sir Charles Metcalfe as local bodies with substantial development
characterised them as small “republics having orientation. Article 40 of the Constitution of India
nearly everything that they want within provides that the State shall take steps to
themselves” (Aslam 1996). organise village panchayats and endow them
The genesis of the new panchayats can with such powers and authority to enable them
be traced to the attempts made in colonial India to function as units of local self-government.The
with the panchayat laws enacted in the provinces two milestones in the evolution of Panchayati
and princely states in 1920 and thereafter. These Raj Institutions (PRIs) were the reports of two
laws sought to create panchayats as local bodies Committees set up by the Central government
dealing with sanitation, regulation and in 1957 and 1978, namely, the B.R. Mehta
maintenance of buildings, roads, etc., and to be Committee of 1957 and the Asoka Mehta
endowed with judicial powers for settlement of Committee of 1978.

* Research Scholar, Department of Sociology, Jammu University, Email : kumash202@yahoo.co.in


74 Ashwani Kumar

However, even after the legal status to Gram Sabhas; and


recommendations of the Balwant Ray Mehta
inclusion of Eleventh Schedule to the
Committee and Asoka Mehta Committee on
Constitution listing 29 Subjects within the
panchayats had been put into force, several ills
jurisdiction of PRIs.
continued to afflict the Panchayati Raj system in
the country in the post-Independence period. Panchayati Raj in Jammu and Kashmir
There were long delays in holding of panchayat The State of Jammu and Kashmir (J & K)
elections, frequent suspension/supersession/ has its own unique history as far as Panchayati
dissolution of the panchayat bodies, lack of Raj is concerned.The political crisis that has been
functional and financial autonomy, inadequate occupying it for a long time now has not allowed
representation of marginalised and weaker any positive social reconstruction projects to go
sections and meagre and occasional smoothly in a planned direction. The vision of
government grants.This crippled the functioning grassroots empowerment in J & K emerged as
of panchayats and did not allow them to function part of the national movement that took the
as institutions of local self-government as shape of an organised mass movement since
envisaged in the Constitution. 1931. It was under the pressure of this popular
Thus an imperative need has accordingly movement that the Maharaja’s government
emerged to enshrine in the Constitution of India, initiated a series of reforms. It promulgated the J
certain basic and essential features of local self- & K Village Panchayat Regulation Act No. 1 in
government so as to enable local bodies to 1935.
function as institutions of self-governance both The National Conference that
in planning and implementation of development spearheaded the freedom movement in the
programmes. Consequently, Constitution (73rd valley provided for the institutional arrangement
Amendment) Act, 1992 was passed and was for grassroots empowerment in its party agenda
brought into force with effect from 24 April 1993. ‘New Kashmir Manifesto’ adopted by the party
The passage of the 73 rd Constitution in 1944. The National Conference came to
Amendment Act, 1992 marks a new era in the power in March 1948. At that point of time, the
federal democratic set-up of the country and development scenario of the State was
provides Constitutional status to the PRIs. characterised by economic stagnation and
The main features of the Act are – educational backwardness. The Zamindars had
a three-tier system of Panchayati Raj for all accumulated large chunks of land through
States having a population of over 20 lakh; manipulation. The majority of the people were
impoverished. In view of this situation, abolition
panchayat elections are to be held regularly
every five years; of landlordism became the top priority of the
Government. It resulted in the introduction of
reservation of seats for Scheduled Castes Big Landed Estates Abolition Act, 1950. This was
(SCs), Scheduled Tribes (STs) and women; a landmark in the history of J & K as it was the
constitution of an independent State Election first experiment of its kind in land reforms in the
Commission to hold panchayat elections on sub-continent. It provided a sound base for
a regular basis; reactivation of the Panchayati Raj system in
reshaping the rural economy in the State (Aslam
appointment of an independent State
1977).
Finance Commission to make
recommendations as regards the financial Realising this, the Government replaced
resources of the panchayats; the Panchayat Act of 1935 (as amended in 1941)

Journal of Rural Development, Vol. 33, No. 1, January - March : 2014


Panchayati Raj Institutions in Jammu and Kashmir: A Critical Analysis 75

with Act-V of Samvat 2008 (corresponding to Kashmir Village Panchayat Act of 1958’, and
year 1951). The main features of this Act were: repealed its earlier Acts. This Act of 1958 did not
however differ much from 1951 Act.
Majority of the panchayat members were to
be elected on the basis of adult franchise; The panchayats as local institutions of
self-government remained dysfunctional over
Panchayats were to perform administrative,
a long period of time. Wherever they existed,
developmental, civic and judicial functions;
they were at the village level only without any
Introduction of concept of Halqa Panchayat functional linkages with the developmental
comprising 5-7 villages; institutional structures that existed at the block
and district levels. It took almost two decades
Introduction of Panchayat Board at each Tehsil
for the State Government to realise that without
(Mohammad 1995).
people’s participation, the developmental
On the one hand, the Government was process could not achieve desired objectives.
busy materialising the objectives set for The decentralisation of planning process was
democratic decentralisation through Panchayati new and upcoming developmental slogan at
Raj and the State Government joined rest of the that point of time. The State Government took a
country in introducing Community Development bold step by introducing an innovative concept
Programme throughout the State in 1952 on the of ‘Single Line Administration’ to secure
other. Though local self-government entered a participation of the people through their
long period of dormancy after dismissal of Sheikh representatives in the developmental process.
Abdullah government in 1953, the Constitution “The twin objectives of the Single Line
of the State that was adopted in 1957 reiterated Administration was to secure a mechanism for
the commitment to the establishment of the developing the planning process at the district
Panchayati Raj. level to take full account of the resource
The introduction of Community endowments, the potentialities and structural
Development Programme (CDP) and the needs and also to initiate a process of equitable
National Extension Services (NES) occupied the development of various areas within the district”
full attention of the Central and the State (Choudhary 1990).
Governments during the 1950s.Towards the end However, the implementation of this
of the decade, it was realised that the
innovative model led to the realisation that
expectations raised by these programmes were
“human potential which is available at the
not getting fulfilled, and that one of the main
reasons was lack of people’s participation in the grassroots level should be mainstreamed into
planning and execution of these development the movement of development to provide a
schemes. At the national level, it was the Study sound and strong basis to the democratic
Team on Community Development Projects and structure. It was in this context that the desire to
National Extension Services headed by Balwant have a sound institutional framework to give a
Ray Mehta (1957) which expressed concern definite and positive role to the community in
about the lack of people’s participation and made the matter of self-governance has provided a
a strong plea for devolution of power to lower sense of urgency for restructuring the
levels through Panchayats. institutional framework of Panchayati Raj”
Before the Panchayati Raj system could (Choudhary 1990). This realisation led to the
be introduced in the whole country, the J & K introduction of Jammu and Kashmir Panchayati
State took a lead by passing ‘the Jammu and Raj Act, 1989.

Journal of Rural Development, Vol. 33, No. 1, January - March : 2014


76 Ashwani Kumar

The Jammu & Kashmir Panchayati Raj Act, in the Halqa Panchayat, it may nominate such
1989 number of women to be members thereof,
The Jammu & Kashmir Panchayati Raj Act, as it may deem fit. Provided further that their
1989 was passed in March 1989. The Governor number does not exceed 33 per cent of the
gave his assent to the bill in July 1989. For the total number of panches.
first time an Act was named a “Panchayati Raj The Village Level Worker (VLW) shall be the
Act”rather than as “Village Panchayat Regulation secretary of the Halqa Panchayat.
Act”. The former implies the promotion of
Panchayati Raj in the State (at village, block and If, in the opinion of the Government, a Halqa
district levels) whereas the latter was confined Panchayat is incompetent or persistently
to panchayats at the village level alone. This is makes default in the performance of duties
certainly a very positive development. imposed on it by or under the Act, the
Government may by notification supersede
Three-Tier Model : The Act provides for a three- such a Halqa Panchayat.
tier system consisting of:
The Act provides for various powers and
Halqa Panchayat functions to the Halqa Panchayat which enables
Block Development Council and it to become the cutting edge of all the
development efforts, but all this is subject to
District Planning and Development Board. availability of funds at its disposal. The important
In addition, the Act provides for a powers and functions allocated to Halqa
Panchayati Adalat for every Halqa. Panchayats as enshrined in the Act are:
Halqa Panchayat : The Halqa Panchayat to prepare and implement the plans for the
comprises such number of panches not less than development of the Halqa ;
seven and not more than eleven including the preparation and implementation of special
Sarpanch as the prescribed authority may fix from developmental plans for alleviating poverty
time to time. The panches are elected from the and employment generation;
constituencies delimited by the prescribed the Halqa Panchayat shall be involved in the
authority. While the naib-sarpanch is elected by implementation of scheme of
the panches of the Halqa Panchayat from among universalisation of elementary education and
themselves, the sarpanch is elected directly by other educational programmes;
the electorate of the Halqa Panchayat.The Halqa the Halqa Panchayat shall also perform such
Panchayat continues to function for a period of other functions and duties as may be
five years from the date of its constitution. If it is assigned or entrusted to it by the
dissolved for any reason before this period, Government, the District Planning and
elections will be held within six months. A Development Board and the Block
sarpanch or naib-sarpanch can be removed by a Development Council within the area of
vote of no-confidence passed by a majority of which Halqa Panchayat is located.
not less than two-thirds of the total number of Block Development Council : The Act provides
panches of the Halqa Panchayat. for the constitution of a Block Development
The other features of the Act in respect Council consisting of:
of Halqa Panchayats include: a chairperson,
If the prescribed authority is of the opinion all sarpanches of Halqa Panchayats falling
that women are not adequately represented within the block, and

Journal of Rural Development, Vol. 33, No. 1, January - March : 2014


Panchayati Raj Institutions in Jammu and Kashmir: A Critical Analysis 77

Chairpersons of marketing societies within Members of the State legislature


the jurisdiction of the block. representing the area;
However, if the prescribed authority is Chairpersons of the Town Area Committees
satisfied that women or scheduled castes or any of the District; and
other class are not represented in the Council, it President of the Municipal Council (if any)
may nominate not more than two persons to be The chairperson of the DPDB is
the members of the Block Development Council. nominated by the Government from amongst
The Block Development Officer is the secretary the members of the DPDB. The vice-chairperson
of the Block Development Council. The is elected by the members from amongst
chairperson of Block Development Council will themselves. The District Development
be a person who is qualified to be elected as a Commissioner is the Chief Executive of the Board
Panch. Every Block Development Council also to be assisted by district level heads.
has a vice-chairperson who is elected by the The main functions of the DPDB are:
members of the Block Development Council to consider and guide the formulation of
from amongst themselves. development programmes for the district
The main functions of the Block and indicate priorities for various schemes
Development Council are: and consider issues relating to the speedy
development and economic upliftment of
construction, maintenance and supervision the district ;
of inter-Halqa Panchayat communication
to review periodically progress and
system ;
achievements of development plans and
administrative and technical guidance to schemes and make recommendations as it
Halqa Panchayats and review of their work ; considers appropriate ;
to supervise plans relating to agriculture, rural to function as a working group for formulation
development, animal husbandry/sheep of periodic and annual plans for the district;
husbandry, social forestry, education and to formulate and finalise the plan and non-
public health ; plan budget for the district ;
to supervise and monitor the to lay down the policy guidelines for the Block
implementation of poverty alleviation Development Councils and Halqa
programmes; Panchayats;
to approve the budget of the Block
to carry out such other functions as may be
Development Council and supervise and
entrusted to it by the Government or by the
coordinate their work ;
District Planning and Development Board.
to undertake special measures for alleviating
District Planning and Development Board : poverty and employment generation and
Further, the Act provides for the constitution of a extending assistance to Halqa Panchayats in
District Planning and Development Board this behalf ;
(DPDB) comprising:
to promote and assist cooperative
Chairpersons of the Block Councils of the institutions;
District; to perform such other functions and duties
Members of Parliament representing the as may be assigned or entrusted to it by the
area; government from time to time.

Journal of Rural Development, Vol. 33, No. 1, January - March : 2014


78 Ashwani Kumar

All the development assistance meant for The principle of direct election of
the development of the district flows through panchayats is applied only at the village level.
the District Planning and Development Board. Neither the Block Development Council nor the
The DPDB has to set up committees to handle District Planning and Development Board
specialised jobs. The number and manner in comprise directly elected representatives of the
which they shall be constituted are decided by people. It is only the chairman of the Block
the DPDB. Development Council who is elected but the
Panchayati Adalat : Panchayati Adalat is another mode of election is indirect i.e., the electoral
important feature of Jammu & Kashmir college comprised the panches and sarpanches
Panchayati Raj Act.The idea of Panchayati Adalat within that block. Similarly, there is no provision
is an innovative one, particularly at the grassroots for direct election to the District Planning and
level. As per the provisions of the Act, the Adalat Development Board. It is only the vice-
shall comprise five members to be nominated chairperson of the Board who is elected, the
by the government out of the panel prepared electoral college comprises the members of the
and recommended by the Halqa Panchayat out Board itself.
of its electorate. The person so recommended Provision for nomination was aimed at
for a term of five years shall be literate, shall compensating for another critical flaw of the Act
have attained the age of 30 years, not be a – its inability to provide for reservation of seats
sarpanch or a panch and not be in the for women, scheduled castes and the scheduled
employment of the government or local body tribes (SCs/STs). Unlike the 73rd Amendment of
or corporation. The members of a Panchayati the Constitution which provides for reservation
Adalat shall elect any member from amongst of 33 per cent seats for women through direct
themselves as the chairperson. The secretary of election, the State Act empowers the
the Halqa Panchayat shall serve as the judicial government to nominate women to the
clerk to the Panchayati Adalat. The Panchayati panchayats if it feels that their representation is
Adalat shall not be competent to impose on any needed.
person convicted of an offence tried by it, any
sentence other than a sentence of fine not Panchayati Adalats have been used in
exceeding one thousand rupees. many States to supplement the formal judicial
system by reviving and legitimising the
Limitations of the Jammu and Kashmir
traditional system of justice. Union Government
Panchayati Raj Act, 1989
has also passed Gram Nyayalyas Act recently to
The Jammu & Kashmir Panchayati Raj Act provide justice at grassroots level. But by
of 1989 cannot in any way claim to decentralise empowering the State Government to nominate
power or create a democratic environment at the members of the Panchayati Adalat, and to
the grassroots level. One of the most serious remove its chairperson or any member, the State
flaws in the Act relates to government law robs independence of the institution of
intervention in the composition of panchayats. justice at the grassroots level. It amounts to
Unlike the 73rd Amendment to the Constitution supplementing the judicial system and the
that provides that all the seats in the panchayats traditional system of justice, both supposed to
shall be filled by persons chosen by direct be independent of the executive, by a third sector
election from territorial constituencies in the of justice controlled by the State government.
panchayats, this Act provides for nominations at
The principle of nomination not merely
every level – the Halqa Panchayat , the Block
goes against the democratic nature of
Development Council and the District Planning
panchayats but also changes the nature of rights
and Development Board.
Journal of Rural Development, Vol. 33, No. 1, January - March : 2014
Panchayati Raj Institutions in Jammu and Kashmir: A Critical Analysis 79

enjoyed by the nominated members of the over the years. The various important changes
panchayats. The representation of nominated made in the original Panchayati Raj Act of 1989
members is at the discretion of the State are:
Government and not a Constitutional right for Halqa Majlis : Halqa Majlis is the equivalent of
any of these groups. In fact, the discretion can Gram Sabha in Jammu and Kashmir. Earlier the
easily be used by the government to influence provision of Halqa Majlis was not prescribed in
the autonomous working of panchayats. the Act. But its provision was made in the Jammu
Nomination or co-option has two and Kashmir Panchayati Raj Rules, 1996. It has
consequences. Firstly, this meant presence of been prescribed that every Halqa Panchayat shall
only token women and nomination by the have Halqa Majlis comprising all the persons
dominant party already in power meant selection whose names are included in the electoral roll
of pliant or kinswomen. Secondly, the political for such Halqa Panchayat. The sarpanch has to
parties and ruling party groups interested in convene at least two meetings of Halqa Majlis
controlling panchayats ensure that women did during a financial year.
not contest even if some of them express Every Halqa Panchayat need to prepare
interest, so that they could bring their ‘own and lay for sanction before the Halqa Majlis the
women’ later through nomination after getting budget estimates of income and expenditure
only male candidates elected. Thus, co-option for the year commencing on 1st day of April, of
was not only based on a view of women as a Halqa Panchayat incorporating therein future
weaker and incapable of contesting elections, it developmental programmes and plans for the
also became an instrument of patronage for the relevant year. At least 20 days notice shall be
dominant political or social groups who act to given for calling a meeting of Halqa Majlis. Any
retard progress in women’s representation in voter present in the Halqa Majlis may also raise
election. any matter of public importance which shall be
A study on panchayats in Maharashtra in discussed and shall be accepted or rejected by a
1983 recorded, “A respondent, who was majority vote and the budget shall be recast
ambitious and had successfully contested accordingly.
previous election, said that her party had Provision for Reservation : The J & K Panchayati
prevailed upon her during the last Zilla Panchayat Raj (Second Amendment) Act, 2003 was solely
(ZP) election, not to stand for elections because passed with the objective to strengthen the
her winning the election would deprive the party representative character of the Halqa Panchayats,
of an extra seat in ZP as well as the Panchayat and also to ensure effective participation of
Samiti. In case a woman contestant is elected, women and scheduled castes/scheduled tribes
there is no room for co-option and the co-opted (SCs/STs) in the functioning of grassroot level
member enjoys the same privileges of voting as democratic institutions. State government agreed
elected members. Political parties, therefore, to adopt this important provision of 73 rd
utilise the statute regarding co-option as a means Amendment -although partially as only panch
of gaining votes and strengthening their party seats are reserved- because representation of
position in the panchayat body and not for women in panchayats that set up after 2001
promoting effective representation of active elections was very less. In 2001 panchayat
women” (D’Lima 1983). elections out of the 1230 sarpanch and 10090
In order to deal with these limitations of panch constituencies in Jammu Division only
1989 Act, the State Government has adopted 166 women panch and 7 sarpanch were able to
many positive features of 73rd Amendment Act win elections. It means that the representation

Journal of Rural Development, Vol. 33, No. 1, January - March : 2014


80 Ashwani Kumar

of women candidates elected is quite dismal, determination of the taxes, duties, tolls and
ranging from 0.5 per cent in respect of sarpanch fees which may be assigned to panchayats;
to 1.70 per cent in respect of panch positions.
distribution between the State and
The statute provides that the Panch seats panchayats of the net proceeds of taxes,
shall be reserved for the scheduled castes and duties, etc;
the scheduled tribes in every Halqa Panchayat
grant-in-aid to the panchayats by the States.
in proportion to their population in rotation to
different constituencies in such manner and by The J & K Panchayati Raj Act neither fixes
such authority as may be prescribed. Provided minimum amount of grant-in-aid by the State to
further that not less than one-third of the total the panchayats nor provides for an autonomous
number of panch seats reserved under this machinery for objective allocation of funds. Due
arrangement shall be reserved for women to political and public pressure, the State
belonging to the scheduled castes or, as the case government agreed to create the State Finance
may be, the scheduled tribes, and not less than Commission by bringing in a separate bill in 2011.
one-third of the total number of seats to be The Jammu and Kashmir State Finance
filled by direct election in every panchayat shall Commission for Panchayats and Municipalities
be reserved for women (See Govt. of Jammu Act, 2011 was passed accordingly.
and Kashmir, Civil Sect., Rural Development
This Act provides that the Government
Department, Notification, Srinagar, the 18th June,
shall, as soon as may be from the
2004).
commencement of the Act, and thereafter at
This amendment does not talk about the expiration of every fifth year, constitute a
reservation of seats for the post of sarpanch, “State Finance Commission for Panchayats and
which seems to be a flaw and retrograde step as Municipalities” to review the financial position
it is sarpanch and his/her able guidance that leads of panchayats and municipalities and to exercise
to the success of panchayat and development the powers conferred upon and to perform the
of the village. functions assigned to it, under the Act (The
State Election Commission : The absence of Jammu and Kashmir State Finance Commission
provision for State Election Commission in the for Panchayats and Municipalities Act 2011).
Jammu and Kashmir Panchayat Act was one of
The main functions of Commission
the main lacunae of the Act. In 2011, the J & K
regarding panchayats are-
government however decided to amend the Act
and thereby provision for State Election the distribution between the State and the
Commission was made. State Election panchayats of the net proceeds of the taxes,
Commission was entrusted with the duties, tolls and fees leviable by the State;
responsibility of superintendence, direction and the determination of taxes, duties, tolls and
control of the preparation of electoral rolls for fees which may be assigned to, or
and the conduct of, all elections under panchayat appropriated by, the panchayats;
Act. the grants-in-aid to the panchayats from the
State Finance Commission : A pre-requisite of Consolidated Fund of the State;
the success of the Panchayati Raj system is its the measures needed to improve the
financial viability and autonomy. The 73 rd financial position of the panchayats.
Amendment to the Constitution provides for
appointment of a Finance Commission by the Panchayat Elections in 2011
State Governments to make recommendations The panchayat elections in Jammu and
for Kashmir were announced after a gap of 10 years,
Journal of Rural Development, Vol. 33, No. 1, January - March : 2014
Panchayati Raj Institutions in Jammu and Kashmir: A Critical Analysis 81

and the process began in early 2011. The last Due to lack of Constitutional guarantee
panchayat elections were conducted in the State to PRIs, there is a degree of arbitrariness in the
in 2001-02 after a gap of 23 years. constitution of panchayats in the State. Due to
this fact, although the Act provides for the
The panchayat elections were held in 16
continuity of panchayats by mandating that
phases starting from April 13 to June 18 for the
before the expiry of the term of panchayats, the
election of 4130 sarpanches—2164 in Kashmir
next elections are be conducted, the
and 1966 in Jammu, and 29,719 panches—
government may ignore this provision and may
15,959 in Kashmir and 13,760 in Jammu. About
not conduct the elections before the expiry of
29,000 polling stations were set up for
the term of panchayats. Since 2006, for five
conducting these elections, and more than 50
years, there was a vacuum with no elected
lakh people were eligible to cast their votes in
panchayats in place.
these elections. These panchayat elections
created great enthusiasm among rural masses. In another manner also, the arbitrariness
They have shown great interest and participated is clearly reflected. Though the Act provides for
vigorously in these panchayat elections. Over 79 the three tiers of panchayat, the government
per cent of the electorate exercised their right while holding the elections for the village
to vote. panchayats, was not under any obligation to
constitute the Block Development Councils
These elections were very important
(BDCs) and District Planning and Development
because for the first time reservation was
Boards (DPDB) immediately. The BDCs and
provided to women and SCs/STs in panch seats.
DPDBs, therefore, were not constituted in 2001-
Due to reservation out of 28248 panchs elected
2006 period and almost two and half years have
across the State, 9424 are women i.e., 33.3 per
passed since the last panchayat elections were
cent of elected panches are women. But in case
held but BDCs and DPDBs are still to be
of sarpanch posts, the fairer sex in Jammu and
constituted.
Kashmir has failed to break into male-dominated
politics of the State. Out of 4,113 sarpanch posts At the operational level, the biggest issue
in the 22 districts of the State, only 28 women remains the absence of powers for the
managed to win the elections- a dismal success panchayats. From 2001 to 2006, though the
rate of 0.68 per cent. It is because of the fact that Halqa Panchayats were the only democratically-
there was no reservation for women in sarpanch constituted layer of panchayats, these were not
constituencies. empowered. If panchayats remained functional,
these were only in relation to the Centrally-
Conclusion
sponsored schemes for which it was mandatory
The Panchayati Raj Institutions in Jammu that the panchayats be involved. If there was
and Kashmir State continue to suffer both from anything more pathetic than the lack of powers
structural as well as operational weaknesses. for the panchayats, it was the absence of funding.
Structurally, the Panchayati Raj Act 1989, despite Again, the only funding that was available to the
the recent amendments (including the 2004 panchayat was the funds of some Centrally-
amendment in relation to reservation; 2011 sponsored schemes. Except this, neither the
amendment to provide for the State Election panchayats were provided basic funding by the
Commission and; more recently passed Act in State nor were these directed to raise their own
relation to the State Finance Commission), resources.
remain flawed and do not serve the purpose of
making the panchayats the units of self- This scenario, more or less, remains the
governance. same even after the 2011 elections. There are

Journal of Rural Development, Vol. 33, No. 1, January - March : 2014


82 Ashwani Kumar

pronouncements regarding devolution of powers Gram Sabha which should have been the most
and empowerment of panchayats like 22 powerful body demanding accountability from
September, 2011 General Administration (GAD) the panches and sarpanches, remains
Order mentioning devolution of functions of 14 subordinated to the panchayats. Thus, the
departments to PRIs, and yet, the panchayats present status of Panchayati Raj Institutions
remain powerless. demands serious interventions from the higher
government for their empowerment. The State
Similarly, when the provision for Halqa
Government must move towards adopting the
Majlis (Gram Sabha) was incorporated in the Act,
key provisions of 73rd Constitution Amendment
the powers of the Gram Sabha were not detailed.
in this regard.

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Delhi, Routledge.
4. Choudhary, Sushma (1990), ‘Does the Bill Give Power to People?’, in George Mathew:
Panchayati Raj in J & K (ed.), New Delhi, Concept Publishing House.
5. D’Lima, Hazel (1983), Women in Local Government: A Study of Maharashtra, New Delhi,
Concept Publishing Company.
6. Govt. of Jammu and Kashmir, Civil Sect., Rural Development Department, Notification, Srinagar,
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Journal of Rural Development, Vol. 33, No. 1, January - March : 2014

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