The Kashmir Pulse

SRINAGAR — In a significant development for Jammu and Kashmir, the Rajya Sabha on Friday passed two bills aimed at fostering social inclusion and political representation in the Union Territory.

The first bill, the Jammu and Kashmir Local Bodies Laws (Amendment) Bill, 2024, received approval to provide reservation to Other Backward Classes (OBCs) in Panchayats and Municipalities. Additionally, it empowers the State Election Commission to conduct Urban Local Bodies polls, a task previously held by the Chief Electoral Officer.

Introduced in the Lok Sabha by Minister of State for Home, Nityanand Rai on February 5, the bill was swiftly cleared by the Rajya Sabha via voice vote today, marking its immediate implementation.

Simultaneously, the Rajya Sabha endorsed the Constitution (Jammu and Kashmir) Scheduled Tribes Order (Amendment) Bill, 2023, which grants scheduled tribe (ST) status to Paharis and three other communities in the region. This bill, passed three days after its approval in the Lok Sabha, includes Paharis, Paddaris, Gadda Braman, and Koli communities in the Scheduled Tribes list of J&K.

The passage of these bills signifies a significant step toward inclusive governance and representation in the Union Territory. Both bills were cleared without contention.

The State Election Commission is now tasked with overseeing civic polls, ensuring fair representation for all segments of the population in local governance. This move underscores efforts to strengthen democratic processes and promote social equity in Jammu and Kashmir.

The administration has reiterated that the ST status granted to Paharis will not impact existing reservations for other tribal communities, including Gujjars and Bakarwals.

Lieutenant Governor Manoj Sinha affirmed on February 6, 2023, that the inclusion of these communities in the Scheduled Tribes list will not diminish current reservation levels. He assured that necessary notifications would be issued to ensure equitable reservation provisions for all eligible communities.

NEW DELHI — The Parliament on Tuesday passed a bill to provide reservations to Other Backward Classes in local bodies in Jammu and Kashmir. The government said that the Union territory has undergone important changes since the abrogation of Article 370 in 2019.

Replying to the debate on the Jammu and Kashmir Local Bodies Law (Amendment) Bill 2024, Union Minister of State for Home Nityanand Rai highlighted that the people of the Union Territory have started witnessing development done by the Narendra Modi government.

At present, there is no provision for reservation of seats for Other Backward Classes (OBCs) in panchayats and municipalities in Jammu and Kashmir.

The bill seeks to provide reservation to OBCs in panchayats and municipalities in Jammu and Kashmir and bring consistency in the local body laws of the Union territory with the provisions of the Constitution.

"With this, justice will be ensured to the citizens of Other Backward Classes of Jammu and Kashmir for the first time after 75 years of independence," according to the statement of objects and reasons of the bill.

Rai, during the discussion on the bill in Lok Sabha, said that he did not refer to the Opposition’s demand for the government to declare a time frame for holding elections in Jammu and Kashmir and the restoration of statehood.

Rai said the opposition members, participating in the debate, were resorting to a drama of supporting the bill granting reservation to OBCs in panchayats and municipalities in Jammu and Kashmir and were raising other issues.

SRINAGAR — In 2023, the Parliament passed key bills to grant political reservation to different groups in Jammu & Kashmir Union Territory.

Details available with the news agency KNO reveal that three J&K-specific laws were passed by the Parliament during the winter session to grant reservations to different groups in the Union Territory.

In a significant move, the Parliament passed The Jammu and Kashmir Reorganisation (Amendment) Bill 2023 to reserve three seats for Kashmiri migrants and refugees from 'Pakistan-Occupied Jammu & Kashmir (POJK)'.

While the Union Government claimed that the bill is aimed at preserving the political rights of these communities as well as for their overall social and economic development, the political groups in Kashmir questioned the method of nominations, saying it can be used to subvert public mandate in the UT. The bill empowers the Lieutenant Governor of the UT to nominate these MLAs.

Another key bill — The Jammu & Kashmir Reorganisation (Second Amendment) Bill 2023 — was also passed by the Parliament to reserve 33 per cent of seats in J&K Assembly for womenfolk. The bill was passed given the fact that “The Constitution (One Hundred and Twenty-Eighth Amendment) Bill 2023 does not apply to the Assembly of Jammu & Kashmir UT.

The Constitution (One Hundred and Twenty-Eighth Amendment) Bill provides reservation for womenfolk in Parliament and State assemblies. The Bill wouldn’t come into effect at least before 2029 as it would require a delimitation exercise, which can be taken after the census report is published.

Apart from 33% reservation for womenfolk, J&K LG is also empowered to nominate two women as MLAs if he feels that they are not adequately represented in the House.

The Parliament also passed The Jammu & Kashmir Reservation (Amendment) Bill 2023 to rechristen “weak and underprivileged classes (social castes)" to "Other Backward Classes".

The amendment was made on recommendations of the Jammu and Kashmir Socially and Educationally Backward Classes Commission (SEBCC).