Abstract: The Panchayati Raj is an indigenous and time-honoured concept in our country. 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 interpersonal 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. The Panchayati Raj Act, 1992-popularly known as 73rd amendment-was enacted in the country to revitalise the Panchayati Raj. However, the provisions of 73rd amendment 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 but still the Jammu & Kashmir Panchayati Raj Act, 1989 has many loopholes.
The Panchayati Raj is an indigenous and time-honoured concept in our country. The form may vary, but the spirit has always been part of our socio-cultural ethos. Its origin can be traced back to ancient ages where community spirit was the main force not only to keep village communities united but to help them manage local affairs independently. Sir, Charles Metcalfe characterised them as small “republics having nearly everything that they want within themselves” (Aslam 1996).
The genesis of the new panchayats can be traced to the attempts made in colonial India with the panchayat laws enacted in the provinces and princely states in 1920 and thereafter. These laws sought to create panchayats as local bodies dealing with sanitation, regulation and maintenance of buildings, roads, etc., and to
References: * Aslam, M. (1977). ‘Land Reform in J & K’, Social Scientists (November edition), 6(4): 45-48. * Aslam, M. (1996). ‘Local Self-Government in India: Retrospect and Prospects’, Published in Role of Local Self-Government in Rural Development, Proceedings of International Workshop, Hyderabad 27 November - 3 December 1995. New Delhi: AARRO Publications. * Buch, Nirmala. (2010). From Oppression to Assertion: Women and Panchayats in India. New Delhi: Routledge. * Choudhary, Sushma. (1990). ‘Does the Bill give Power to People?’, in George Mathew: Panchayati Raj in J & K (ed.). New Delhi: Concept Publishing House. * D’Lima, Hazel. (1983). Women in Local Government: A Study of Maharashtra. New Delhi: Concept Publishing Company. * Govt. of Jammu and Kashmir, Civil Sect., Rural Development Department, Notification, Srinagar, the 18th June, 2004. * Government of Jammu and Kashmir. (2011). Panchayati Raj Act, 1989 and Panchayati Raj Rules, 1996 (Amended up to April 2011). Jammu and Kashmir: Rural Development Department. * Mohammad, Sultan. (1995). ‘Jammu & Kashmir’, Status of Panchayati Raj in the States of India-1994, ISS. New Delhi: Concept Publishing House. * The Jammu and Kashmir State Finance Commission for Panchayats and Municipalities Act, 2011 (Act No. XVI of 2011).