Jammu and kashmir bill

12.12.2023

Jammu and kashmir bill , Daily Current Affairs , RACE IAS : Best IAS Coaching in Lucknow

Why in news:

Recently in the Parliament, the Jammu and Kashmir Reservation (Amendment) Bill, 2023 and the Jammu and Kashmir Reorganization (Amendment) Bill, 2023 were approved by the Rajya Sabha.

Important points:

• Both the bills were introduced in Parliament in July this year.
• This bill was passed by the Lok Sabha last week.
• The Second Schedule to the Representation of the People Act, 1950 provides for the number of seats in the Legislative Assemblies.
• The definition of weaker and under-privileged sections has been removed from the Act.

Jammu and Kashmir Reorganization (Amendment) Bill 2023:

• The Jammu and Kashmir Reorganization (Amendment) Bill, 2023 amends the Jammu and Kashmir Reorganization Act, 2019.
  • Jammu and Kashmir Reorganization Act, 2019: It provides for reorganizing the state of Jammu and Kashmir into the union territories of Jammu and Kashmir (with Legislature) and Ladakh (without Legislature).
  • Number of seats in the Legislative Assembly – The 2019 Act amended the Second Schedule to the 1950 Act to specify the total number of seats in the Jammu and Kashmir Legislative Assembly as 83.
  • In this, six seats were reserved for Scheduled Castes. No seats were reserved for Scheduled Tribes.

• In this bill the total number of seats has been increased to 90. In this, 7 seats have also been reserved for SC and 9 seats for ST.
• In this new bill, the Lieutenant Governor can nominate two members from the Kashmiri migrant community and one member representing displaced persons from Pakistan-occupied Kashmir (PoK) to the Legislative Assembly.
  • Migrants are defined as persons who migrated from the Kashmir Valley or any other part of the State of Jammu and Kashmir after 1 November 1989 and are registered with the Relief Commission
• According to this bill, one of the nominated members should be a woman.

Jammu and Kashmir Reservation (Amendment) Bill, 2023:

• It seeks to amend the Jammu and Kashmir Reservation Act, 2004.
  • Jammu and Kashmir Reservation Act, 2004: This Act provides reservation in admission to jobs and professional institutions to members of the Scheduled Castes, Scheduled Tribes and other socially and educationally backward classes.
  • The Bill replaces the vulnerable and deprived classes declared by the Union Territory of Jammu and Kashmir with Other Backward Classes.

• Under this Act, Socially and Educationally Backward Classes (SEBC) are included
  • People living in villages have been declared socially and educationally backward by the Union Territory of Jammu and Kashmir.
  • People living in areas along the Line of Actual Control and the International Border, and
  • Weaker and deprived classes (social castes)

In the new bill:

• The Bill seeks to change the nomenclature of a class of persons who are eligible for quota in appointments and admissions.
• In this Bill, inclusion or exclusion in the category of weaker and deprived sections can be done on the recommendations of a commission.
• The Bill replaces the vulnerable and deprived classes declared by the Union Territory of Jammu and Kashmir with Other Backward Classes.

Importance:

• Inclusive India: While it reflects a commitment to inclusivity and justice, it also represents a comprehensive strategy to fully integrate Jammu and Kashmir with the rest of India.
• Affirmative Action: It ensures equal opportunities for marginalized communities in education and employment by replacing the weak and disadvantaged with other backward classes.
• Strong representation: Increasing seats in the Legislative Assembly for SC, ST will provide strong political representation.
• Revocation of Article 370: This has had a significant impact on the security dynamics of the region, leading to a significant reduction in terrorism related activities.

Challenges in seat reservation:

• Definition of Kashmiri Pandits: It is flexible and may exclude certain categories from enrolment.
• Non-inclusive: The bill provides for nomination instead of elected representatives which may fail to promote reconciliation.
• Bias: Too much power has been given to the Lieutenant Governor to nominate Kashmiri Pandits. This can lead to corruption and favoritism which can overshadow the true aspirations and needs of the community.
• Nomination Issues: The Bill departs from the previous practice of nominating members by elected governments, which undermines the credibility and effectiveness of nominated members, thereby raising questions about their legitimacy and acceptability by the people.

Vote bank politics: The community can be used as a political card, without addressing their real needs or interests.