Analyzing the transition of Panchayati Raj Institutions in Jammu and Kashmir

Introduction

Governance is a multifaceted and multi-layered activity. It is composed of a diverse set of actors and processes carrying out the day-to-day activities of the state administration. Be any form or type of polity, governance is critical in the functioning of state machinery. Often there is a hierarchy in the governance structure. At the top is the union government, then the state, and eventually at the lowest level is the local self-government. Hierarchically, most of the power is concentrated with the union, then to states, and eventually to the lowermost unit i.e., villages. However, Panchayati Raj Institutions (PRIs) in India were envisioned to empower local communities and ensure their participation in the decision-making processes. The system of panchayat raj where people in the villages participate in the decision-making process, is the backbone of democracy. 

Panchayat Raj Institutions in India

The roots of the Panchayati Raj in India can be traced back to ancient times, with references to village assemblies and councils found in ancient texts such as the Arthashastra and the Manusmriti. In the medieval period, Delhi sultans divided their kingdom into provinces called ‘Vilayat’.The villages had sufficient powers regarding self-governance in their territory. However, it was in the post-independence era that Panchayati Raj was formalized. The Panchayati Raj was first adopted by the Naguar district in Rajasthan on October 2, 1959. The system was gradually established all over India. It was constitutionalized through the 73rd Constitutional Amendment Act, of 1992. However, this amendment was not applicable to J&K owing to its special status till August 2019. 

Panchayati Raj System in J&K

The history of the Panchayati Raj System as we see it today in Jammu and Kashmir can be traced to the times of Maharaja Hari Singh. He introduced the panchayati raj system in 1935 to settle the local disputes of people in rural areas, or to assist judicial and civil administration. Subsequently, in 1947, all powers were transferred to Sheikh Mohammad Abdullah who amended the 1935 Panchayati Act in 1951 and 1958 to expand the role of Panchayati raj institutions. The institution, however, was limited to village-level disputes only. This practice remained till the late 1980s. It was only in 1989, that the Government of Jammu & Kashmir enacted new legislation that provided for the three-tiered Panchayati Raj system, namely The Halqa Panchayat, Block Development Council (Block Smiti), and District Planning & Development Board— also known as Zila Parishad in other states.

A major structural shift in the federal character of Indian polity was experienced with the abrogation of Article 370. It discontinued the legacy of the Panchayati Raj Act, of 1989 which remained in operation for 34 years until the abrogation of Article 370 in 2019. Panchayat Raj Act, 1989 was embedded with numerous flaws. It failed to serve the purpose of making the Panchayats units of self-governance. The prominent flaw emerges from the structure of the District Planning and Development Board. Rather than in line with the Panchayati Raj Institutions, the structure is in line with the Single Line Administration system (where the district is the unit of administration) that was introduced in the State in the mid-seventies of the last century. Thus, the aspiration of decentralized planning remained unfulfilled. Moreover, women’s reservation in the Act was limited to the level of Panchs and was not extended to the level of Sarpanches. Furthermore, just the Village Panchayat level was mentioned, not the other two levels. At the societal level, prejudice against women has been sustained by the firm social structure, which is responsible for the exclusion of women. The first panchayat elections, which were held in J&K in 2011, painted a dismal picture of the involvement of women. Only 29 women were able to win the elections out of the 4128 Sarpanches seats in the 22 districts of the State, resulting in a pitiful success rate of less than 1% (0.70%). According to information gathered by the State’s Chief Electoral Officer, there were no women serving as Sarpanches in 10 of the 22 districts.

At the operational level, the biggest issue remained the powerlessness of the Panchayats. No doubt the act of 1989 talked about the devolution of powers and empowerment of Panchayat, however, at the operational level it lacked effective power. This highlighted the disability of the act. It is often argued that there is a tendency that power often remains confined at higher echelons. While contextualizing and extending this argument in Jammu and Kashmir’s case it is observed that UT is not an exception to skewed concentration of political power at the higher levels. Thus, many believe that the Panchayati Raj Institutions in J&K existed on paper till the abrogation of Article 370. The claim is that it is only after the abrogation of J&K’s special status and its transition into a Union Territory that these institutions started functioning on the ground. This article delves into the critical analysis of this claim. 

The abrogation of Article 370 and the reorganization of the state has led to a significant political transition. This transition has caused a degree of uncertainty and confusion among the local leaders and panchayat members, as they navigate the new political landscape and the changes in their roles and responsibilities. While the Panchayati Raj system is intended to devolve power and decision-making authority to the grassroots level, there are still apprehensions about the extent of autonomy given to panchayats in the newly formed Union Territory. The central government retains a significant role in decision-making, which could limit the true empowerment of local bodies. Amid all these concerns, however, the positive development that was witnessed post-abrogation of Article 370 was the release of Rs 800 crore by the center in four installments between March and August 2019, ahead of its move to abrogate Article 370, and after August 5, 2019, Rs 1,200 crore more were released. In totality the Panchayats were given Rs 2,000 crore to work on the schemes aimed at benefiting a common man in J&K. Even being a Union Territory administered by the Union government, Panchayati Raj institutions in Jammu and Kashmir are still plagued with limited financial autonomy, with a significant portion of their funds being routed through the state or central government. This can lead to delays in fund allocation and hinder the timely implementation of development projects.

Post 370 abrogation, one more positive development that the Union Territory witnessed was the conduct of the maiden District Development Council (DDC) elections in 2020. These polls were a big leap towards an inclusive and grassroots level development reiterating the government’s mantra of ‘Sabka Saath, Sabka Vikas, Sabka Vishwas, Sabka Prayas’ and in the principle of justice for all, appeasement to none.

Subsequently, in 2020 the Union territory administration announced district planning council elections in this context. This could have been an appreciable step however, the Union cabinet amended the Jammu and Kashmir Panchayati Raj Act, 1989, and mandated electing 14 members each to 20 DDCs thus redesigning the existing design of legislative democracy in Jammu and Kashmir. This has violated the 73rd constitutional amendment’s directive that district-level constituencies be created in accordance with population ratios. Regardless of how big or small a district is in terms of size or demographics, the DDC has an equal number of elected members. Therefore, the Srinagar district, which has a population of over 12 lakh, and Kishtwar, which has a population of about 2.5 lakh, both have 14 members. While Ganderbal only has a 250 sqkm. area, Doda has an almost 9,000 sqkm. area. The only reason DDC exists, then, is for representative politics (or the panchayats or municipalities).

In addition to this, there are also concerns that the panchayati raj institutions may end up becoming an instrumental organ or implementing organ of centrally and state-sponsored welfare programs instead of units of self-governance. The experiences of other states reveal that the Panchayati Raj Institutions implement poverty alleviation programs for the transformation of rural society. Field studies reveal that during this implementation, the local representatives show nepotism in distributing and citing the work for the development in the village. To predict the Panchayati Raj system’s future in J&K, however, would be premature. Although the 73rd Constitutional Amendment is in effect, the experience of other states demonstrates that these institutions are primarily functioning as the organs of centrally sponsored schemes rather than the units of self-government. This will depend on how the central government engages and takes this issue seriously.

Moreover, the central government has also not yet taken any strong steps to enhance women’s participation in the institution of grassroots-level democracy. According to data from the Ministry of Panchayati Raj in India, as of 2021, the national average of women’s representation in Panchayati Raj institutions stood at around 46%. Along with this, the practice of proxy sarpanch continues diluting the very purpose of providing 33% reservation to women in panchayats. The reservation was expected to eventually pave the way for the emergence of women leaders in urban bodies, state Assemblies, and Parliament but sadly little has improved. Proxy sarpanches diminish women’s authority and block the election of women keen on bringing about a change in society through a career in politics. Jammu and Kashmir is not an exception in the issue of proxy practice in rural local self-government bodies, where the de jure elected representative is subverted and a de facto representative wields power. Women are given tickets because the 73rd constitutional amendment mandates it. They are elected as panch and sarpanch on reserved seats in local self-government institutions and district development councils are relegated to the background while male relatives attend the meetings on their behalf. With most women reduced to being just de jure village chiefs and their male kin enjoying the de facto status, their nurturing into evolving as powerful forces have suffered. The research findings reveal that the reason for the proxy system is the unhealthy work environment and accusations that women elected representatives often face on the ground. The volatile political situation and security concerns render many women wary of contesting, while some are fielded by male relatives as a backdoor to power.

Amid all these positives and negatives, let’s not be oblivious to another significant issue of conflicting ideologies and interests that hinder consensus-building and decision-making processes and may impede democratic decentralization in J&K.

Recommendations

Addressing the challenges faced by Panchayati Raj institutions in Jammu and Kashmir requires a multi-faceted approach involving various stakeholders. Sensitization and awareness programs should be conducted to challenge patriarchal norms, promote gender equality and encourage women’s active participation. Strengthening the implementation of reservation policies is essential, along with providing support and mentorship to promote women’s leadership within these institutions. Also, there is a need to deploy safety measures to ensure the safety of women representatives in Panchayati Raj institutions. This includes providing security personnel, establishing helplines, and creating mechanisms to address and report any security concerns or threats faced by women representatives. Furthermore, efforts should be made to strengthen the financial autonomy of Panchayati Raj institutions by ensuring timely and adequate fund allocation. Transparent and accountable financial systems should be established to minimize delays and ensure the effective utilization of funds. By embracing these recommendations and taking proactive steps to address the challenges faced by Panchayati Raj institutions in J&K, we can pave the way for a stronger and more inclusive local governance system. 

Conclusion

From ancient times to the modern era, local self-governance has seen transitions initially from the centralization of power to the era of democratic decentralization in the 1990s. Through various legislative enactments in J&K such as the Panchayat Raj Act of 1989 to the abrogation of article 370 by the Union of India, the Panchayati Raj system was restricted in former while in later cases it was applied to the whole of J&K. However, albeit all this still Panchayat Raj system is plagued with bottlenecks such as uncertainty and confusion regarding roles and responsibilities of local governance, limited financial autonomy, and the continuance of practice of proxy sarpanch. These bottlenecks if properly addressed can facilitate better coordination, widen the scope of inclusive development, increase the cooperation between various actors, and ensure participatory governance at the grassroots level. 

References:

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