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PANCHAYATI RAJ IN JAMMU & KASHMIR: A STUDY OF OPERATIONAL FLAWS &
POSSIBLE APPROACHES Feroz Hussain Zarger
Doctoral Research Scholar, Department of Political Science, Bhagwant University Ajmer, Rajasthan, India, 305004
Dr. Vishnu Kumar
Associate Professor, Department of Political Science, Bhagwant University Ajmer, Rajasthan, India, 305004
Abstract - “Panchayati Raj” is a system of rural local “self-governance” in which local bodies chosen by the people are responsible for rural development and local administration.
With the exception of a few states and regions, panchayati raj exists in all states of india. In Jammu & Kashmir, the panchayati raj system has its own unique history. This system has been in existence in the union territory* of jammu & kashmir from the very past. However, the current arrangement is based on the Jammu & Kashmir Panchayati Raj Act of 1989, which has been revised many times till date. The competent authorities have taken many efforts for its empowerment, success and in attaining its purpose of democratic decentralisation and rural development. Elections were also conducted in the “union territory” of jammu & kashmir to establish Panchayati Raj. Despite the efforts made, Panchayati raj has been unable to organise, flourish, and perform functions to the best of its abilities owing to a variety of problems. Thus, there is a need to activate and rejuvenate Panchayati Raj system in Jammu and Kashmir.
The purpose of this study is to access the evolution & recent developments in panchayati raj of jammu & Kashmir & to recognise the operational flaws in the form and functioning of PRIs, & to present some Possible Approaches.
*In 2019, the Indian Parliament enacted the “Jammu & Kashmir Reorganisation Act”, 2019, which dissolved the state and reorganised it into two union territories, Jammu and Kashmir and Ladakh, with effect from October 31, 2019.1
Keywords: DDC, Union Territory, Panchayati Raj, Democratic decentralisation, J & K Reorganisation, Panchayat Elections.
1 INTRODUCTION
Mahatma Gandhi campaigned, supported & promoted village republics and local “self- governance” in India. Assessing the significance of panchayats, Gandhiji said “When the panchayat raj is established, public opinion will do what violence can never do.” Soon after India attained independence from British rule, most state governments established panchayats. Panchayati Raj resulted in democratic decentralisation, in which power and functions were shifted to the lowest institutional or local level, resulting in a rationalisation of authority among the institutions of governance at the central, regional, and local levels.
Decentralization enables the involvement of individuals in decision-making process. The panchayati raj bodies in India were constitutionalized by the Government of India, led by Prime Minister Narsima Rao, through the 73rd constitutional amendment act of 1992, which came into force on April 24, 1993.Maharaja Hari Singh established the Panchayati Raj in the state of Jammu and Kashmir in 1935 ,by promulgating the Village Panchayat Regulation Act No. 1 of 1935.In 1941, the regulation was revised. Sheikh Mohammad Abdullah's Naya Kashmir (New Kashmir) Plan (1944), which he presented to Maharaja Hari Singh, also emphasised the need of democratic decentralisation, social justice, and economic reconstruction. The 1935 Panchayat Act was superseded in 1951 by Act-V of Samvat-2008, which provided for the formation of village Panchayats. After this act,the Jammu and Kashmir Panchayat Act of 1958 and Jammu and Kashmir Panchayati Raj Act, 1989 were passed. As a result, the state of Jammu and Kashmir gradually improved its “panchayati raj” structure. Elections for panchayats were conducted in 2001, 2011, and 2018. In 2019, elections for chairpersons of Block Development Councils (BDC) were held. which was followed by panchayat by-elections and newly created DDC elections in 2020. Despite these attempts, the Panchayati Raj Institutions (PRIs)
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established under the Jammu and Kashmir Panchayati Raj Act, 1989, have yet to mature and has a long way to go.
2 HISTORY OF PANCHAYATI RAJ IN JAMMU AND KASHMIR:
In terms of “Panchayati Raj”, the state of Jammu and Kashmir has a distinct history. The Panchayati Raj as a local “self-government” in Jammu and Kashmir was not imposed from outside, but is deeply rooted in the state's socio-political history.2 Traditional Panchayats existed in Jammu and Kashmir, as they did in the rest of the country, but they were not constituted in the modern sense. The Jammu and Kashmir Village Regulation No.1 of Samvat 1992, i.e. 1935 A.D, gave statutory recognition to “Panchayats” in the state in the year 1935. The history of Panchayats in the state of Jammu and Kashmir began with this regulation.3
Panchayats were made up of lower-level functionaries of Maharaja,“Zaildars”,
“Numberdars”, “Village heads”, “landlords”, and other influential persons in rural areas prior to formal recognition. Panchayats used to be responsible for resolving small-scale disputes & problems in villages. The historical review of these organizations reveal that they were used for personal benefits by authoritarian rulers and their allies. Local “self- government” was introduced in the state with the promulgation of Jammu and Kashmir Village Regulation No.1, of 1935.4 In 1936, the special department of Panchayats and Rural Development Department was created to administer the Regulation. Later on, this department was reformed multiple times.5
During British era, the “Panchayati Raj” system went through many phases &
changes in the rest of the country, but in jammu & Kashmir the first official initiative was taken in 1935 when Maharaja Hari Singh promulgated the first Village Panchayat Regulation Act No.1. The preamble of the Act, states, "it is expedient to establish in Jammu and Kashmir state the village panchayats to assist in the administrative, civil and criminal justice and also to manage the sanitation and other common concerns of the village". It is apparent that the purpose of this Act was not to promote “Panchayati Raj” in the state in letter and spirit, but rather to employ panchayats as an extension of the government for
“judicial” and “civil” administration.6 The objectives of this Act were limited, and it was elitist in nature. There was no semblance of a democratic character. The Act stipulated that
“panchs” numbered 5-7 would be elected, with one “panch” appointed by a panchayat officer known as “Wazir-re wazarat”. This officer was given the authority to frame the rules and regulations that would govern panch elections. The Act also laid down tough qualifications for the voters and for the candidates seeking election to the panchayats.7 It clearly shows that the demand for representation in the local administration by people was given a hollow response. As a result of these requirements, a substantial number of people were unable to vote or seek election to any Panchayat office. These Panchayats were intended to be controlled and manned by a tiny segment of the populace, such as the privileged elite who were beneficiaries of the autocratic & dictatorial rule of Maharaja. In subjects pertaining to Panchayats, the ordinary villagers had no say.8 The objectives of this regulation were limited, and it was elitist in nature. The preamble suggests that the purpose of the regulation was to employ Panchayats as a delivery arm of government for civil administration and criminal justice, rather than to foster local self-government. In Jammu and Kashmir at that time, there was economic and educational backwardness, keeping high literacy and economic standing as a yardstick for the right to vote and seek office in the Panchayat primarily benefited the rural elite who owed allegiance to the rulers. These ruling elites took advantage of these institutions to achieve their own goals.9 Apart from that, Jammu and Kashmir was a princely state, and the movement against the Maharaja's dictatorial authority had already begun. For obvious reasons, one of the motivating factors for the creation of these Panchayat institutions was to disperse the liberation struggle and keep a watch on the actions of the Muslim Conference (National Conference), as well as to diminish the power of emerging parties.10
The Panchayats, which were made up of elected and nominated members, were primarily responsible for judicial matters. Panchayats had a few non-judicial functions as well, but they were generally inactive. Panchayats were never intended to be institutions of
“self-governance” or “democratic representation” for the people of a village.11The panchayat
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performed both judicial and civil functions. The Act had 58 provisions, 47 of which dealt with judicial functions and the remaining with civic matters. Non-judicial functions received very little attention. The “non-judicial” functions of the Panchayat mainly included
“supervision”, “Construction”, and “maintenance”. The reason behind giving powers of supervision to Panchayats by Maharaja was to keep a tab on the village affairs on behalf of the government.12
In 1941, the 1935 Act was revised. The updated regulation dealt with a wide range of subjects. The panchayats were assigned the power to maintain all public roadways, moveable and “immovable public properties” and other constructions in the villages. They were also given the authority to levy taxes and raise funds for the development & welfare of villages, as well as to build and maintain public roads, bridges, wells, ponds, and water reservoirs. The panchayats were also given jurisdiction over the locations of slaughterhouses, examination and inspection of weights and measures. Litigation to settle petty disputes took a long time to resolve through the courts. These were also expensive, and they had become a major source of rural indebtedness. The government believed that panchayats could resolve most of these cases more fairly and quickly than ordinary courts.
Because these cases do not include complex legal issues, they may be resolved more quickly and at a lower cost. It indicates that the assesment of the government regarding the efficacy of panchayats had some rationale behind it. During this time, the “Panchayat Raj”
also launched the first-ever “adult education campaign” in collaboration with the state education department. In 24 villages, a number of village libraries have been established, as well as community radio stations. In addition to the funds raised through the imposition of taxes and the sale of tools, the government provided the panchayats an assistance of Rs.
40,000 in 1937-38 and Rs. 3,85,000 in 1945-49.13 Despite all the above attempts, policy pronouncements and even some initial successes, the “Panchayat Raj” institutions could not become effective and viable vehicles of “grassroots development”. Even administering swift and cost-effective justice was beyond them. The main issue was that these institutions operated under “feudal” socio-economic frameworks, which could be conducive to anything but “democratic decentralization” and progress. 14.
After independence, the state government embarked on a large-scale program of rural reconstruction. The policy document "Naya Kashmir" of 1944 emphasized the government's commitment. To “democratic. decentralization”, “social. justice”, and
“economic. reconstruction”. While launching this programme in 1944, S.M Abdullah said,
"all Jammu and Kashmir National Conference considers the 'Naya Kashmir' programme as a blue print for the future political and economic set up in the state. We have formulated this programme with this objective in view. From the political angle it aimed at achieving a responsible government based on democratic principles.All institutions of democracy from panchayats to national assembly shall be constituted through the due process of elections.
Independent judicial system shall be an important component of the system and executive shall be made accountable to the peop le". 15
All these initiatives provided a favourable atmosphere for reactivation of the
“Panchayati Raj” system in restructuring the rural economy in the state.16 Realizing this, the government replaced the Panchayat Act of 1935 (as revised in 1941) with Act-V of Samvat 2008 in 1951. This Act mandated the formation of “village panchayats”. One
“panchayat” served five to seven villages, and panchayat units coexisted alongside revenue
“halqas” in most cases. 17 This Act also enabled the “panchayat officer” to designate the members. Members were chosen by a simple show of hands. However, regulations also allowed for voting via ballot. Members of the panchayats and not the voters were allowed to elect the president of the panchayat called "Sarpanch". No executive official could operate under the “panchayat”. Panchayats, subject to regulations as would be established, were to undertake administrative, developmental, municipal and judicial functions. In contrast to the 1935 Act, these functions encompassed all major elements of village life, and panchayats were allowed a lot of flexibility in formulating the mode of operation based on local circumstances.
In 1958, the state of Jammu & Kashmir passed-The Jammu and Kashmir Village Panchayat Act of 1958 that prescribed a “two-tier” panchayati raj system -Gram Panchayat at the village level and Block Panchayat Board at block level. The act empowered the state
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government to establish a Gram panchayat in every village and to define the territorial jurisdiction of the panchayats.18 In Block Panchayat Board, each Panchayat was to be represented by one member and had the function of suggesting advices for the development of the block in respect of communications, irrigation facilities, government dispensaries, veterinary dispensaries, schools, local industries, medical relief and drinking water.19 The act also laid the foundation of Panchayat Adalats. The government controlled the Panchayats in a number of ways. In addition to elected panches, the Government had the power to nominate some of the Panches. As per the Act, the number of elected panches and the number of nominated panches was to be determined by the prescribed authority.20 Besides this, the government had the power to suspend, supersede or dissolve a Panchayat.
The Panchayat Act of 1958 failed to strengthen the “Panchayati Raj” institutions in the state. The absence of a compulsory provision for regular elections, non-implementation of Panchayati Raj Programmes above village level and the deficiency of financial autonomy were the major drawbacks of the Act. The method of paying grant-in-aid to panchayats was ended in 1967-68 and in its place it was decided to provide loan for creation of remunerative assets.21
In 1975, Indra-Sheikh Accord was signed between Kashmiri politician S.M Abdullah and then Prime Minister of India Indira Gandhi and this allowed the former to become Chief Minister of Jammu and Kashmir. At this stage, it was realized that without people's participation, the development cannot be achieved and the need was to decentralize the planning process.With the Establishment of district planning boards, the planning was decentralized and this made the District as a planning unit. The board was provided with the powers to formulate long and short-term plans and supervise their implementation. The meetings of district development boards were held in the districts to take several important decisions and to approve the district budget. This whole process was termed as “single line administration”.22 Its main purpose was to decentralize the administration and establish a participatory base at the district level. With time, the need was felt that the decentralization of planning should be extended down to the block level and the state government made blocks as the primary units of planning.
3 THE JAMMU & KASHMIR PANCHAYATI RAJ ACT 1989
The Jammu & Kashmir Panchayati Raj Bill was introduced in the Jammu & Kashmir legislative assembly in April 1988 and passed in March 1989. The “Governor” gave his assent to the bill in July 1989.The preamble of the act states “Whereas it is expedient to promote and develop Panchayati Raj in the State as an instrument of vigorous Local Self Government to secure the effective participation of the people in the decision making process and for over-seeing implementation of developmental programmes.”23 The Act furnishes a three-tier Panchayati Raj system consisting of “Halqa Panchayat”, “Block Development Council” and “District Planning and Development Board”. In addition, the Act also provides for a “Panchayat Adalat” for every “Halqa”.
4 PRESENT STATUS OF PANCHAYATI RAJ IN JAMMU & KASHMIR
Panchayati raj in jammu & Kashmir operates under jammu & kashmir “panchayati raj”
act,1989. The Act provides for a “three-tier” system consisting of “Halqa Panchayat”,
“Block Development Council” and “District Planning and Development Board” (replaced by District development councils in 2020).In addition, the Act provides for a “Panchayat Adalat” for every “Halqa”. The Jammu & Kashmir Panchayati Raj Act, 1989 has been amended in the years of 1997, 1999, 2000, 2001, 2004, 2006, 2011, 2014, 2016, 2018 &
2020. The state government through these amendments added many features to the Panchayati system to make it more democratic and strong. Panchayat Elections were held in 2001, 2011, 2018, 2019 & 2020.
5 PANCHAYAT ELECTIONS 2001
Under the Panchayat Raj Act of 1989, the first election took place in 2001. In this election There was no provision of “reservation of seats” for women. Due to this the representation of women was very insignificant. The Panchayat Raj Act of 1989 did not contain the provision for “reservation of seats” till 2004. In 2004, an amendment was passed which provided for
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33% reservation for women and also reservation for SC and STs in proportion to the population. The elected Panchayats operated from 2001 to 2006.Even after the completion of the prescribed time period (five years) new Panchayat election were not held till 2011 as the Government claimed that the prevailing situation was not feasible for conducting elections that time. these elections were not conducted in a conducive atmosphere particularly in Kashmir division where 29% Sarpanch seats and nearly 60% panch seats remained vacant. many constituencies were declared vacant as no contestant came forward to contest election, while in many other constituencies, single candidate filled up the nomination form and was declared elected unopposed.
6 PANCHAYAT ELECTIONS 2011
Panchayat elections 2011 were conducted in 16 phases starting from April 13 and ending on June 18, 2011.Prior to the elections, reorganization of districts and panchayats was done in 2006.The number of blocks increased from 121 to 143 and the number of districts increased from 14 to 22.The election rolls were revised, updated and computerized. The worth mentioning point about these elections was that in comparison to 2001 elections these elections took place in an environment somewhat free from fear and violence and this time the provision of reservation of seats for women was available and women showed improved representation in this election.
7 PANCHAYAT ELECTIONS 2018
panchayat elections were conducted in the state in 2018. The elections were conducted in nine phases and lasted from 17 November to 11 December 2018. Polling was held on 17, 20, 24, 27 and 29 November and 1, 4, 8, 11 December and the entire poll process was completed by 17 December. The polls were held through “ballot”. There were a total of 4490
“panchayat Halqas” in 316 blocks throughout the state.24
Table 1 Details of Panchayat Election held in Jammu and Kashmir in 2018.
Division No.
of Bloc ks
No. of Pancha yat Halqas
No. of Punch Constitue ncies
Sarpanc hes elected unoppos ed
Punche s elected unoppo sed
Poll going Sarpan ch seats
Candida tes in fray Sarpanc h Seats
Poll Goin g Pan ch Seat s
Candida tes in fray Panch Seats
No. of electors Polli
ng stati ons setu p Kashmir 168 2375 18833 748 5775 790 1977 1805 3947 2991128 6445 Jammu 148 2108 16196 37 3500 2050 8149 12488 30445 2863080 15906 Total 316 4483 35029 785 9275 2840 10126 14293 34392 5854208 22351
Source: “Chief Electoral Officer”, Jammu & Kashmir.
The 2018 panchayat elections in Jammu & Kashmir displayed a healthy voter turnout.
According to the chief electoral officer, the state recorded an average voter turnout of 74%
over all the nine phases. But there were huge differences between the various regions of the state. The Jammu division recorded an average voter turnout of 83.5% but the Kashmir Valley recorded just 41.3 %.
Table 2 Phase wise and region wise voter turnout Jammu and Kashmir Panchayat Elections 2018.
PHASES JAMMU
DIVISION KASHMIR
DIVISION LADAKH KASHMIR
VALLEY JAMMU AND KASHMIR
TOTAL Phase I 79.40% 64.50% 65.20% 64.40% 74.10%
Phase II 80.40% 52.20% 66.40% 44.20% 71.10%
Phase III 83.00% 55.70% 70.90% 48.20% 75.20%
Phase IV 82.40% 32.30% NA 32.30% 71.30%
Phase V 85.20% 33.70% NA 33.70% 71.10%
Phase VI 84.60% 17.30% NA 17.30% 76.90%
Phase VII 84.80% 30.30% NA 30.30% 75.30%
Phase VIII 85.10% 49.60% NA 49.60% 79.90%
Phase IX NA 38.80% NA 38.80% 38.80%
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ALL PHASES 83.50% 44.40% 67.80% 41.30% 74.00%
Source: Chief Electoral Officer, Union Territory of Jammu and Kashmir and Ladakh.
7.1 Block Development Council Elections 2019
Elections of Chairpersons of Block Development Councils were not held till 2019. The elections were for the first held in October 2019.For conducting these elections, one block was considered as one “constituency” and all the elected “panchs” and “Sarpanchs” of the Halqa panchayats falling within the block constituted the “Electoral College” for that block.
The details of the election are given in table 3
Table 3 Details of Jammu and Kashmir Block Development Council Elections 2019 District Total
No.
of Bloc ks
No. of Block s notifi ed for election
No. of Male Electo rs
No. of Femal e Electo rs
Total Electo rs
Party Affiliation of Winning Candidate
BJP* INC** JKNPP*** Ind.**** Total
Kupwara 24 24 1949 834 2783 0 0 0 24 24
Anantnag 16 16 579 184 763 03 0 0 13 16
Bandipora 12 12 423 161 584 0 0 0 12 12
Baramulla 26 26 1035 415 1450 01 0 0 25 26
Budgam 17 16 468 182 650 02 0 0 14 16
Ganderbal 07 07 274 100 374 0 0 0 07 07
Kulgam 11 07 113 55 168 0 0 0 07 07
Shopian 09 08 61 21 82 08 0 0 0 08
Srinagar 04 03 34 09 43 0 0 0 03 03
Pulwama 11 09 107 25 132 04 01 0 04 09
Leh 16 16 496 248 744 07 0 0 09 16
Kargil 15 15 577 264 841 04 0 0 11 15
Kashmir
Division 168 159 6116 2498 8614 29 1 0 129 159
Doda 17 17 1319 581 1900 05 0 0 12 17
Jammu 20 20 1805 898 2703 09 0 0 11 20
Kathua 19 19 1484 702 2186 09 0 0 10 19
Kishtwar 13 13 690 326 1016 07 0 0 06 13
Poonch 11 11 1372 697 2069 0 0 11 11
Ramban 11 11 796 354 1150 02 0 0 09 11
Reasi 12 12 919 420 1339 04 0 0 08 12
Rajouri 19 19 1823 864 2687 08 0 0 11 19
Samba 09 09 593 300 893 04 0 0 05 09
Udhampur 17 17 1399 673 2072 04 0 08 05 17
Jammu
Division 148 148 12200 5815 18015 52 0 8 88 148
Grand Total 316 307 18316 8313 26629 81 1 8 217 307
*Bharatiya Janta Party,
**Indian National Congress,
***Jammu and Kashmir National Panthers Party,
****Independent Candidates.
Source: Department of Rural Development and Panchayati Raj Government of Jammu and Kashmir.
8 AMENDMENT OF J & K PANCHAYATI RAJ ACT, 1989
The Ministry of Home Affairs amended the 1989 Act and 1996 Rules on October 16, 2020, to provide for the establishment of a new form of administration in Jammu and Kashmir,
“District Development Councils” (DDCs), whose members would be elected. “Section 45” of the Jammu and Kashmir Panchayati Raj Act 1989 was amended (by S.O. 3654 (E)) to provide for the establishment of a “District Development Council” with jurisdiction over the entire district, excluding any portion of the district included in a “Municipality” or
“Municipal Corporation” established under any law currently in force. In Jammu &
Kashmir, District Development Councils (DDCs) were established as a new unit of governance. This organisation comprises a “DDC” and a “District Planning Committee”
(DPC) (DPC).The J&K government has also amended the J&K Panchayati Raj Rules, 1996,
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to provide for the formation of elected “District Development Councils” in the state. This system will develop and approve district plans and capital expenditures, essentially replacing the “District Planning and Development Boards” in all districts. The DDCs' most distinguishing characteristic, however, is that each district will be represented by elected members. Their number has been set at 14 elected members per district representing its rural areas, alongside the Members of “Legislative. Assembly”, “chairpersons” of all “Block Development Councils” within the district.
The “DDCs” will serve a five-year term, with reservations for “Scheduled Castes”,
“Scheduled Tribes”, and women in the election process. The Additional District Development Commissioner (or the Additional DC) of the district shall be the “Chief Executive Officer” of the “District Development Council”. According to the Act, the council will conduct at least four “general meetings” each year, one in each quarter. 25
8.1 DDC & Panchayat By-Elections 2020
In February 2020, electoral authority of the Union Territory issued a notice for Panchayat by-elections in order to conduct elections for the vacant seats that were created due to deaths and resignations of the previously elected Sarpanches and panches. Elections for chairpersons of Block Development Councils in October 2019 also resulted in vacancies.
However, the electoral administration postponed the polls after receiving reliable information from law enforcement agencies. In accordance with Rule 7 and Rule 108-F of the Jammu and Kashmir Panchayati Raj Rules, 1996, the Jammu and Kashmir Rural Development Department issued two separate Notifications, instructing Panchayat Halqas to elect Sarpanches and Panches via S.O. 304 dated October 1, 2020, and constituencies to elect District Development Councils via S.O. 336 dated October 29, 2020. annexing the information of the vacant Sarpanch and Panch seats, as well as the DDCs where elections would be conducted, the elections were held from 28 november in 8 phases. 26
8.2 Operational Flaws
The Jammu & Kashmir Panchayati Raj Act, 1989, undoubtedly extended the powers and functions of Panchayats in Jammu & Kashmir, and the govt has continued to broaden the scope of Panchayats over time. They were given more and more authority, and different measures were made to ensure that they functioned properly. However, the Panchayats in the Union Territory do not have such authority and are unable to carry out their responsibilities for the following reasons.
There is a lack of a stable “social”, “economic”, and “political” atmosphere.
Panchayats encounter a variety of administrative challenges, including politicisation of local administration, a lack of cooperation between public and bureaucratic aspects, and apathy on the part of government employees regarding various developmental programmes.
Political parties, particularly the ruling party/parties, are influencing Panchayat functioning to such an extent that Panchayats have become politicised.
Panchayats are failing owing to causes such as corruption, incompetence, parochial loyalties, motivated actions, caste factionalism, a lack of regard for processes, and the presence of power elites. The government's ability to supersede panchayats also serves as a barrier to accomplishing the goal of democratic decentralisation.
The Panchayati Raj Act of 1989 in Jammu Kashmir did not fully construct Panchayati Raj Institutions on a democratic model. The inclusion of government officials in the
“District Planning and Development Board”, as well as the indirect election of
“chairperson” of Block Development Council, go against basic democratic ideals.
Unnecessary delay in the elections to the Panchayats.
The Panchayats do not have enough representation of all factions in society.
Lack of understanding and conceptual clarity among the general public regarding the structure, composition, and operation of Panchayats.
Inadequate financial resources. The Panchayats have limited tax-imposition authority, and the authorities have failed to adequately fund these institutions.
Low public participation in Panchayati Raj and a lack of friendly interactions between
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citizens and officials.
Lack of Trust of people on PRIs & lack of interest.
Panchayat infrastructure is inadequate. Panchayat Ghars are not present in all Panchayat Halqas. Wherever there are Panchayat Ghars, they are in horrible condition and of no use.
Failure of the government to provide security to the elected members of Panchayati Raj Institutions.
Success of Illiterate persons in the elections to the panchayats.
Until now, the Union Territory has never had all three core Panchayati Raj Institutions operating simultaneously.
8.3 Possible Approaches:
Panchayats should be held accountable to residents and given the authority to execute their powers and carry out their responsibilities.
The administration of the Union Territory should give the panchayats the power and authority they need to act as self-governing bodies.
Panchayats should have their own jurisdiction, free from outside intrusion.
The Panchayats should be able to exercise the powers that have been delegated to them by the government.
Panchayats should be given the authority to formulate strategies for socio-economic growth and social justice.
In order to respect democratic values, elections to Panchayati Raj Institutions should be held on schedule and members should be elected through direct election.
In the Panchayati Raj Institutions, all factions of society (women, SCs, STs, etc.) should have adequate representation.
Panchayats should be supplied with appropriate funding and manpower to carry out their functions effectively.
Steps should be taken to ensure that Panchayats are free from corruption, political intervention, and the influence of power elites.
Various forms of media, like as print and social media, should be used to raise public awareness of the structure, powers, and functions of panchayats. People should also be made aware of the benefits that can be obtained from panchayat-run programmes.
Capacity-building programmes for Panches and Sarpanches should be held on a regular basis.
Infrastructure for information and communication technology (ICT) should be made available to panchayats.
People who are illiterate should not be allowed to contest Panchayat elections.
9 CONCLUSION
On the basis of the foregoing observations, it may be inferred that the panchayati raj in Jammu and Kashmir is gradually improving. no doubt, the Panchayati Raj Institutions in the “union territory” of jammu & kashmir have structural and functional flaws. However, the administration of the union territory continues to work hard to increase the status of Panchayati Raj Institutions and bridge the gap between these institutions and the general public. People's participation and financial stability are essential for the successful functioning of panchayati raj, yet both are absent in Jammu & Kashmir. In order to achieve its goal of democratic decentralisation, the union territory's infrastructure, grievance redressal, and the regulations controlling the Panchayati Raj need to be addressed.
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6. Supra note 4 at 47.
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11. Supra note 4 at 39.
12. Supra note 6 at 193.
13. Ibid.
14. M. Shafi, Revival of Democratic Tradition, in George Methew's ed., Panchayat Raj in Jammu and Kashmir, Concept Publishing House, New Delhi, 1990, p. 201.
15. M. Aslam, Land Reforms in Jammu and Kashmir, Social Scientists,Vol. 6, No. 4, November 1977.
16. "Halqa" means the area comprising a village or such contiguous number of villages as may be determined by government from time to time.
17. Supra note 6.
18. Mohammade Sultan, „Jammu and Kashmir‟, in George Mathew, Status of Panchayati Raj in the States of India, 1994, P. No 90.
19. Supra note 4 at 42.
20. Supra note 6 at 200.
21. Balraj Puri, “How the Indira-Abdullah Accord was Signed in 1974‖ Mainstream, VOL L, No 17, April 14, 2012 available at: http://www.mainstreamweekly.net/article3395.html (Visited on December 29, 2020).
22. Panchayati Raj Act 1989 and Panchayati Raj Rules, 1996, Government of Jammu and Kashmir, P. No. 1.
23. https://www.firstpost.com/india/jammu-and-kashmir-panchayat-elections-to-be-held-in-nine-phases- from-17-november-to-11-december5194061.html.
24. “District Development Councils (DDC): Why Parties Think This New Layer of Governance Will Kill Politics in J & K | Explained News, The Indian Express.” https://indianexpress.com/article/explained/district- development-councils-jammu-and-kashmir-why-parties-think-they-will-kill-politics-in-the-ut-6789839/
(September 14, 2021).
25. http://ceojammukashmir.nic.in BIBLIOGRAPHY:
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