·The Hindu·15 marks·250–350 wordsPolity

Discuss the significance of extending the 73rd and 74th Constitutional Amendment Acts to Jammu & Kashmir post-abrogation of Article 370.

In this answer
  1. Constitutional integration
  2. Deepening democratic decentralisation
  3. Social inclusion and electoral integrity
  4. Persisting challenges

The 73rd Amendment inserted Part IX and the Eleventh Schedule, mandating a three-tier elected rural structure with 29 devolvable subjects [3]; its companion 74th Amendment did the same for municipalities. Under Article 370, J&K's local bodies stood outside this framework. Their extension after 2019 marks the region's shift from special-status exceptionalism to constitutional uniformity in grassroots governance.

Constitutional integration

  • The J&K Reorganisation Act, 2019 reorganised the state into two Union Territories and applied 106 central laws to them, creating the legal bridge for central constitutional standards [2].
  • Local self-government in J&K now derives from the same Part IX/IX-A guarantees as the rest of India, rather than from a separate state dispensation.

Deepening democratic decentralisation

  • A complete three-tier rural chain — Panchayat, Block Development Council and District Development Council — was operationalised, with the first direct DDC elections held in 2021.
  • Elected district councils give citizens a directly accountable planning tier, a channel for democratic participation in a region long dominated by centralised and security-driven administration.

Social inclusion and electoral integrity

  • The J&K Local Bodies Laws (Amendment) Act, 2024 extended reservation to Other Backward Classes in panchayats, municipalities, municipal corporations, BDCs and DDCs, proportional to population [1].
  • It also insulated the State Election Commissioner, allowing removal only in the manner and on the grounds applicable to a High Court judge — a safeguard for free local polls [1].

Persisting challenges

  • Functional and fiscal devolution lags behind structural creation; councils depend heavily on the Lieutenant Governor's administration.
  • Asymmetry remains: Ladakh continues under the Autonomous Hill Development Councils Act, 1995, outside the DDC design [4].
  • The framework's promise rests on elections being held regularly on term expiry; delay hollows out the mandate.

The extension is significant less as an administrative rearrangement than as a constitutional commitment to representative local government. Its worth will be judged by timely elections, genuine transfer of the Eleventh Schedule subjects, and adequate untied funds — converting formal structures into real self-government consistent with the spirit of Part IX.

Sources

  1. 1The Jammu and Kashmir Local Bodies Laws (Amendment) Bill/Act, 2024 — PRS Legislative ResearchOBC reservation in panchayats, municipalities, BDCs and DDCs; State Election Commissioner removal safeguards
  2. 2The Jammu and Kashmir Reorganisation Bill, 2019 — PRS Legislative Researchreorganisation into two Union Territories; 106 central laws extended
  3. 373rd Constitutional Amendment Act, 1992 — Ministry of Panchayati RajPart IX, three-tier panchayat structure, Eleventh Schedule's 29 subjects
  4. 4The Jammu and Kashmir Ladakh Autonomous Hill Development Councils Act, 1995 — PRS Legislative Researchseparate Hill Council model applicable to Ladakh

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