Dr Ganesh Malhotra
The State autonomy or decentralization occupies a very pivotal position in a federal setup. The federal system means that there is a distribution of governmental powers between the Federal Government and the States Governments. The State of Jammu and Kashmir has a status within the Indian Constitution. The State of Jammu and Kashmir possesses more state autonomy as compared to other States of Indian Union. Since the beginning there has been a persistent demand for more autonomy by the State of Jammu and Kashmir. It has been argued time and again that the State of Jammu and Kashmir has a unique identity owing to its composite culture and a distinct political and constitutional history so it should be given more autonomy. The promoters of this idea have always projected it more as Centre-State relations issue and decentralisation of powers as in other States also. Under Article 370 J&K State Legislature has power to enact laws on residuary powers. This unique power with J&K State Legislature empowers it to frame laws in a better manner as compared to rest of the country. But the situation is contrary. Instead of better laws the laws are either not framed or they are not at par with Central laws, thus depriving people of J&K who are Citizens of India of such welfare schemes of central Governments.
These days there is lot of discussions and celebrations regarding Panchayat elections in J&K. Some political parties are taking credit and some advocates of Autonomy (empowerment) are boycotting it for lame excuses. But fact is that this boycott brigade is responsible for deplorable conditions of Panchayats in J&K by not implementing 73rd Amendment Act. As far as Panchayats are concerned, J&K has its own Act of 1989 which is different from 73rd Amendment Act passed by Parliament to give constitutional status to panchayats and their empowerment. We have seen so many debates in past also regarding the implementation of 73rd Amendment Act in J&K or to bring the J&K Panchayats Act 1989 at par with 73rd Amendment Act. But those who talk about Autonomy or more powers to J&K have not paid any heed to these demands. May be empowerment for them means something else not empowerment of people at grass root level. J&K Panchayat Act has many ambiguities and shortcomings which make the mockery of decentralization and grass root empowerment of people. J&K Panchayats act has many shortcomings at their structural level and functional level.
There is no provision of State Finance commission in J&K like 73rd constitutional amendment of Indian Constitution to provide financial self sufficiency to Panchayats. Panchayati Raj structure in J&K is not democratic in real sense at all the three levels. The concept of direct election of Panchayats is applied only at the village level but not in the Block level Committee or District level. Even the Chairman of the Block Development Council is also elected by indirect method by an Electoral College comprising of the Panches and Sarpanches of that block. Vice Chairperson of the district Board is elected by an Electoral College comprising of the members of the Board. Moreover the election of Block Level committee and District Boards in J&K is remote dream. State has not shown any seriousness on its part to hold elections of Intermediate and zila level. This has also gone against the spirit of decentralization of powers.
The essence of democracy and decentralization of powers to grass root level is defeated with the presence of Government functionaries in the main decision making at all the three levels like Village level worker, Block Development Officer and Deputy Commissioner. The main shortcoming and hindrance pointed out by various commissions to review the working of Panchayati Raj institution was bureaucratic interference. It was removed by 73rd amendment Act but exists still in J&K Panchayats Act 1989.
In J&K there is concept of District Planning and District Development board. These boards are headed by a senior minister of cabinet rank. It comprises of other ministers and legislators of that district as well as senior officials of different department. This concept was introduced in the shape of single line administration much before empowerment of panchayats and is contrary to the concept of decentralization. In these boards the presence of elected representatives of three levels becomes minute due to presence of both political and permanent executives.
As far as powers are concerned the schedule XI comprising of powers to Panchayats is not applicable to J&K which leaves these Panchayats at the mercy of the State Govt for their powers. The state Govt is not ready to dilute their powers which in turn defeat the purpose of existence of Panchayats.
Due to non-functioning of State Finance Commission the funds which are provided Central Govt for Panchayats are utilised by State at owns choices. The fact is that empowering panchayats will lead to a massive fund inflow from the Centre to these bodies. However, these funds will not be routed through the state government and accrue directly to the elected representatives of panchayats. These representatives can prioritise the expenditure, without any reference to MLAs, or MPs. The panchayats that existed between 2011 and 2016 received Rs 1 lakh each only once during this period. This comes to Rs 20,000 per annum for each panchayat. Panchayats elsewhere in India received, up to Rs 10 lakh per annum in many cases. Legislators in J&K fear that once panchayats are flush with Central funds, their representatives will care little for them. Presently, legislators of various political parties keep representatives of panchayats on their toes by tightly controlling the funds released for development works. All this may change drastically if the panchayats are truly empowered in J&K. These bodies will not remain financial liabilities for the state government then. These points should be in implemented in true spirit to make the dream of Grass root democracy a reality.
So real empowerment of people which is essence of Autonomy should be theme of all the Political representative bodies. Autonomy or unique identity can’t be allowed in any way to deprive people of their basic rights enshrined in Constitution of India.
( The author is a J&K based Strategic and Political Analyst)
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