The Kashmir Pulse

NEW DELHI — The National Investigation Agency (NIA) on Monday gave its consent for jailed Kashmiri leader Sheikh Abdul Rashid, known as Engineer Rashid, to take oath as a Member of Parliament (MP) on July 25. Additional Sessions Judge Chander Jit Singh will pass an order on the plea on Tuesday.

Rashid, the MP from Baramulla who was arrested in a 2017 Jammu and Kashmir militancy funding case, had moved the court seeking interim bail, or custody parole in the alternative, to take oath and perform his parliamentary functions.

A special court here on June 22 had adjourned the matter and asked the NIA to file its response.

On Monday, the NIA’s counsel said Rashid’s oath-taking ceremony be subject to some conditions like not speaking to the media. He also said Rashid must complete everything within a day.

Rashid has been in jail since 2019 after he was charged by the NIA under the Unlawful Activities (Prevention) Act for his alleged involvement in a militancy funding case. He is currently lodged in Tihar Jail.

NEW DELHI — Two candidates currently lodged in prison on terror charges emerged winners in the just-concluded parliamentary election, giving rise to an unusual situation for the 18th Lok Sabha to be formed in the coming days.

While the law will keep them from attending the proceedings of the new House, they do have the constitutional right to take oath as Members of Parliament.

The Election Commission declared the results of the Lok Sabha polls on Tuesday. While radical Sikh preacher Amritpal Singh won Punjab’s Khadoor Sahib seat, terror financing accused Sheikh Abdul Rashid, popularly known as Engineer Rashid, won from Jammu and Kashmir’s Baramulla seat.

Engineer Rashid has been lodged in Tihar jail since August 9, 2019, on terror funding charges. Amritpal Singh was arrested in April 2023 under the National Security Act and sent to Assam’s Dibrugarh prison.

The question now arises if these jailed newly-elected MPs will be allowed to take the oath, and if yes, how.

Explaining the legalities involved, Constitution expert and former Lok Sabha secretary general PDT Achari stressed the importance of following the constitutional provisions in such cases.

Being sworn in as a Member of Parliament is a constitutional right, he said. But because they are currently in prison, Engineer Rashid and Singh must seek permission from authorities to be escorted to Parliament for the oath ceremony. Once they have taken the oath, they will have to return to prison.

To further explain the legalities, Achari cited Article 101(4) of the Constitution which deals with the absence of members from both Houses of Parliament without prior sanction of the Chair.

He said that after they have taken the oath, they will write to the Speaker, informing about their inability to attend the House. The Speaker will then refer their requests to the House Committee on Absence of Members.

The committee will recommend whether the member should be allowed to remain absent from House proceedings. The recommendation is then put to vote in the House by the Speaker.

If Engineer Rashid or Singh are to be convicted and jailed for a minimum of two years, they would lose their seats in the Lok Sabha immediately as per the Supreme Court judgment of 2013, which holds that MPs and MLAs would be disqualified in such cases.

This decision struck down section 8(4) of the Representation of the People Act, which earlier allowed convicted MPs and MLAs three months to appeal against their convictions.

JAMMU — The Parliament has approved the Revised Estimates for 2023-24 and Interim Budget 2024-25 for the Government of Jammu and Kashmir, commencing discussions on Tuesday.

Union Finance Minister Nirmala Sithraman presented the two Appropriation Bills regarding the Supplementary Budget for 2023-24 and Vote on Account for 2024-25 on February 5, 2024.

Efforts undertaken by the UT Government garnered appreciation from the Parliamentary Standing Committee on Tuesday, with Chief Secretary Atal Dulloo, Principal Secretary Finance Santosh Vaidya, and Secretary Planning Mohammad Aijaz representing Jammu and Kashmir before the Committee. These efforts underscored the developmental initiatives of the UT government before the Parliamentary Standing Committee.

The Lok Sabha deliberated on the Bills on February 6 and 7 and ratified both on Wednesday. Following approval from the President of India, the Bills were subsequently considered by the Rajya Sabha, which endorsed them on Thursday.

The Finance Department of the UT Government drafted both Bills, taking into account revenue receipts from sources such as GST, motor spirit tax, excise, and stamp duty, as well as non-tax revenue from electricity and water supply, mining royalty, and industrial rents, among others. The UT Government's own revenue was estimated at Rs 20,867 crore, with additional assistance sought from the Government of India.

Lieutenant Governor Manoj Sinha and Chief Secretary Atal Dulloo spearheaded the UT’s efforts, holding crucial meetings with the Ministry of Home Affairs and Ministry of Finance in August 2023, October 2023, and January 2024 to review fiscal demands. The Union Home Minister and Union Finance Minister personally oversaw the fiscal management of the UT Government in recent months.

Consequently, the Central Government has committed to providing Rs 41,751.44 crore to the UT Government in the current fiscal year and Rs 37,277.74 crore in the next fiscal year. These allocations were incorporated into the Revised Estimates of 2023-24 and the Budget Estimates of 2024-25 of the Union Government, encompassing various initiatives including equity contributions for hydropower projects and resource gap assistance.

Moreover, the Parliament approved the Interim Budget for 2024-25, outlining provisions for ongoing initiatives to foster social inclusion, enhance transparency, bolster revenues, and advance infrastructure development in Jammu & Kashmir.

The approved Vote on Account amounts to Rs 59,364 crore, covering revenue and capital expenditures aimed at diverse sectors such as water connectivity, agriculture, education, road infrastructure, decentralized governance, health, housing, social security, industrial development, heritage conservation, and sports infrastructure, among others.

With the parliamentary endorsement of the Appropriation Bills for Supplementary Demands for 2023-24 and Vote on Account for 2024-25, the UT Government is poised to accelerate infrastructure projects and social and economic measures, while striving to meet revenue targets.

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.

NEW DELHI — A bill that seeks to amend laws related to local bodies in Jammu and Kashmir was introduced in the Lok Sabha on Monday.

According to details reported by the news agency KNS, Minister of State for Home Nityanand Rai introduced the bill in the Lok Sabha today.

The Jammu and Kashmir Local Bodies Laws (Amendment) Bill, 2024, seeks to amend the Jammu and Kashmir Panchayati Raj Act, 1989; the Jammu and Kashmir Municipal Act, 2000; and the Jammu and Kashmir Municipal Corporation Act, 2000.

The parliament budget session is underway and will end on February 9. This will be the last session of both houses ahead of the Lok Sabha elections scheduled to be held in April-May this year.

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).

SRINAGAR — Congress today staged a strong protest against the suspension of 141 Member Parliaments (MPs) and demanded their immediate reinstatement.

Congress leaders and workers from Srinagar assembled at the Srinagar Party office early today and staged a strong protest against the suspension of 141 MPs, terming the move a blatant violation of parliamentary rules.

They started marching towards MA Road, but the heavy contingent of police pushed them back and closed the main gate of party headquarters.

The agitating Congress leaders, PCC office bearers and DCC Presidents' frontal organizations expressed solidarity with suspended MPs and expressed their anguish "over the suppression and oppression by the Modi Government, which doesn't want the genuine voices to be heard in the Parliament and resolved to fight for safeguarding democratic rights of every individual."

The protest was organized by District Congress Committee Srinagar led by DCC President Imtiyaz Ahmad Khan and other senior leaders.

SRINAGAR — The Rajya Sabha made a significant move on Monday by passing The Government of Union Territories (Amendment) Bill 2023, aiming to allocate 33 per cent of seats within the Jammu and Kashmir Assembly for women.

According to the news agency KNS, Rajya Sabha Chairman Jagdeep Dhankar permitted Ministry of State for Home Affairs Nityanand Rai to introduce the bill, which had already secured passage in the Lok Sabha the previous week.

The essence of The Government of Union Territories (Amendment) Bill, 2023 revolves around earmarking 33% of seats in both the Jammu and Kashmir Assembly and the Puducherry Assembly for women, a pivotal step toward enhancing gender representation and inclusivity in legislative bodies.

Additionally, the Rajya Sabha also endorsed The Jammu and Kashmir Reorganisation (Second Amendment) Bill, 2023. This amendment aims to introduce modifications to the Jammu and Kashmir Reorganisation Act, 2019, reflecting further changes within the region.

SRINAGAR — Union Home Minister Amit Shah presented two crucial bills, the Jammu and Kashmir Reservation (Amendment) Bill, 2023, and the Jammu and Kashmir Reorganisation (Amendment) Bill, 2023, in the Rajya Sabha on Monday. These bills have already received clearance from the Lok Sabha, underscoring the government's commitment to address and enhance the socio-political landscape of the region.

The Jammu and Kashmir Reservation (Amendment) Bill, 2023, aims to bring about targeted modifications to the existing reservation policies in the region. While specific details of the amendments are yet to be disclosed, the move is anticipated to address issues related to equitable representation and opportunities for diverse communities in Jammu and Kashmir.

Simultaneously, the Jammu and Kashmir Reorganisation (Amendment) Bill, 2023, proposes adjustments to the framework implemented during the reorganization of the erstwhile state in 2019. The reorganization, which resulted in the abrogation of Article 370 and the bifurcation of the state into two Union Territories—Jammu & Kashmir and Ladakh—was a watershed moment in the region's history.

As these bills make their way through the parliamentary process, they have already received approval from the Lok Sabha, indicative of a broad consensus among Members of Parliament on the necessity of these amendments.

The proposed changes are expected to play a pivotal role in shaping the future trajectory of Jammu and Kashmir, with an emphasis on inclusive development and governance.

The introduction of these bills by Union Home Minister Amit Shah signals a proactive approach by the government in addressing the unique challenges and aspirations of the people in Jammu and Kashmir.

The subsequent discussions and debates in the Rajya Sabha will further illuminate the nuances of these legislative proposals and their potential impact on the region.

SRINAGAR — In a significant move, the Lok Sabha on Wednesday passed two bills amending key laws relating to Jammu & Kashmir.

The Lok Sabha today cleared the Jammu and Kashmir Reorganisation (Amendment) Bill 2023 and the Jammu & Kashmir Reservation (Amendment) Bill 2023, which were introduced in the House in July this year.

As per the news agency KNO, the Jammu and Kashmir Reorganisation (Amendment) Bill 2023 provides for the nomination of three MLAs – two from the Kashmiri migrant community and one from the displaced persons of Pakistan-Occupied Jammu & Kashmir – in the Legislative Assembly of the UT, the Jammu & Kashmir Reservation (Amendment) renames the “Other Social Castes” as “Other Backward Classes.”

As per The Jammu & Kashmir Reorganisation (Amendment) Act 2023, the Lieutenant Governor of Jammu & Kashmir would nominate these MLAs.

This will take the number of nominated seats in the House to five as two seats were reserved for women at the time of enactment of The J&K Reorganisation Act in 2019.

With the passage of the bill in Rajya Sabha, the strength of the Jammu & Kashmir Assembly would reach 95. Out of which, an election would be held for 90 seats and five would be filled by the LG through nomination.

The Jammu & Kashmir Reservation Amendment Act 2023 rechristens “Weak and Underprivileged Classes (Social Castes)” as “Other Backward Classes” in the UT.

Sources disclosed that the UT administration is likely to expand the OBC list by adding 15 more communities/classes.

The OSCs are currently entitled to four per cent reservation and it could be enhanced soon, they further said.

SRINAGAR — Union Finance Minister Nirmala Sitharaman on Monday unveiled a Rs 1,18,500 crore budget for Jammu & Kashmir Union Territory for the next financial year.

As per documents laid in the Parliament today, the total budget estimate for the fiscal is Rs 1,18,500 crore, of which developmental expenditure is of the order of Rs 41,491 crore.

“The capital component of the budget has increased substantially. The expected revenue receipts are Rs 1,06,061 crore whereas revenue expenditure is expected to be Rs 77,009 crore, thereby making available revenue surplus for capital expenditure to the tune of Rs 29,052 crore,” reads the budget document, as per the news agency KNO.

This was the fourth consecutive budget of Jammu and Kashmir to be presented in the Parliament. The budgets of 2020-21, 2021-22, and 2022-23 were also presented in the Parliament in the absence of an elected government in the Union Territory.

SRINAGAR — Union Finance Minister Nirmala Sitharaman would unveil the Jammu & Kashmir Union Territory’s budget for the next fiscal in the Parliament on Monday (March 13). This would be the fourth budget of J&K UT in the Parliament after the reorganization of the erstwhile state of Jammu & Kashmir in August 2019.

As per the list of Lok Sabha’s business scheduled for tomorrow, as per the news agency KNO, the Union Finance Minister will present a statement showing the demands for grants in respect of the Union Territory of Jammu and Kashmir for the year 2022-23. She will also present a statement showing the supplementary demands for grants - second batch for 2022-23.

The budget is being presented in the Parliament as law-making powers of Jammu & Kashmir Union Territory are vested with it in absence of an elected government in the UT.

This would be the fourth consecutive budget of J&K UT in the Parliament. The budgets of UT for 2020-21, 2021-22 and 2022-23 were unveiled in the Parliament by Union Finance Minister Nirmala Sitharaman.

In June 2018, Jammu & Kashmir came under Governor’s rule after BJP withdrew support to Mehbooba Mufti-led government citing the deteriorating security situation in the state. The budget for 2019-20 was approved by the Governor-led State Administrative Council in December 2018 days before the erstwhile state came under President’s rule under Article 356 of the Constitution of India.

In the run-up to the budget, top officials of J&K’s Finance Department are stationed in New Delhi over the past three days.

“Director General, Budget MY Itoo and Joint Director Budget Shafat Yahya have already reached New Delhi. More officials are likely to join them tomorrow,” a senior official of the Finance Department said.

He said the size of J&K's budget for the next fiscal would be more than 1.15 lakh crore.

For the ongoing fiscal (2022-23), Jammu and Kashmir was granted a budget of Rs 112950 crore.

In the Union budget for the next fiscal, J&K has been allocated Rs 35581.44 crore, of which Rs 33,923 crore is Central assistance. The Central assistance is given mainly to the UT to meet its resource gap.