114 seats, migrant quota cleared for J&K Assembly

• Posted on December 7, 2023
• Daily Current Affairs,GS-2

114 seats, migrant quota cleared for J&K Assembly

Context 

The Jammu and Kashmir Reorganisation (Amendment) Bill, 2023, and the Jammu and Kashmir Reservation (Amendment) Bill, 2023, were passed by the Lok Sabha on Wednesday, with the former seeking to reserve seats for “Kashmiri migrants, people displaced from Pakistan-occupied Kashmir [PoK], and Scheduled Tribes” in the yet-to-be-constituted 114-seat J&K Assembly.

What are the two significant bills passed in the assembly related to Jammu and Kashmir?

The significant bills passed in the assembly related to Jammu and Kashmir are as follows : 

• Jammu and Kashmir Reorganisation (Amendment) Bill, 2023:

• • Amends the 2019 Act by proposing an increase in Legislative Assembly seats, reservations for Scheduled Castes and Tribes, and the nomination of members from the Kashmiri migrant and displaced communities.

• Jammu and Kashmir Reservation (Amendment) Bill, 2023:

• • Amends the 2004 Act by replacing “weak and underprivileged classes” with “Other Backward Classes,” focusing on job and education reservations for certain populations.

What are the key features of the Jammu and Kashmir Reorganisation (Amendment) Bill 2023?

• Background and Purpose:

• • The Bill proposes to alter the Jammu and Kashmir Reorganisation Act, 2019, which permitted the state’s reorganization into Jammu and Kashmir (with legislature) and Ladakh (without legislature).

• Increase in Legislative Assembly Seats:

• • The 2019 Act established a total of 83 seats in the Jammu and Kashmir Legislative Assembly, with six reserved for Scheduled Castes. There were no seats allotted for Scheduled Tribes.
  • The Reorganisation bill increases the total seats from 107 to 114 seats.
  • The Bill proposes a total seat increase to 90, with reservations for both Scheduled Castes (seven seats) and Scheduled Tribes (nine seats).

• Kashmiri Migrants Nominated:

• • The Bill has a provision that allows the Lieutenant Governor to appoint up to two members of the Kashmiri migrant community to the Legislative Assembly.
  • One of the members nominated must be a woman.
  • Individuals who migrated from the Kashmir Valley or any other portion of the state of Jammu and Kashmir after November 1, 1989, are considered migrants.
  • Registration with the Relief Commissioner is required to be deemed a migrant, with some exceptions for those in government service, those who left for a job, or those who own immovable property but are unable to live in the original location owing to disrupted conditions.

• Displaced person Nomination:

• • The Bill authorizes the Lieutenant Governor to appoint one Legislative Assembly member to represent displaced people from Pakistan-occupied Jammu and Kashmir.
  • Individuals who left or were relocated from their place of abode in Pakistan-occupied Jammu and Kashmir in 1947-48, 1965, or 1971 owing to civil disturbances or fear of such disturbances are regarded as displaced persons.
  • Successors-in-interest of such displaced persons are also included.

What are the Key features of the Jammu and Kashmir Reservation (Amendment) Bill, 2023?

• Introduction and Goal:

• • The Jammu and Kashmir Reservation Act, 2004, is to be amended by the Bill, which was introduced on July 26, 2023.
  • The major goal of the Act is to give members of Scheduled Castes, Scheduled Tribes, and other socially and educationally backward sections job reservations and entrance to professional institutions.

• Definition of Socially and Educationally Backward Classes:

• • Before the proposed modification, the Act defined socially and educationally backward classes as people living in villages designated as such by the Union Territory (UT) of Jammu and Kashmir.:
    • People residing in villages were declared socially and educationally backwards by the Union Territory (UT) of Jammu and Kashmir.
    • People residing in areas adjoining the Actual Line of Control and International Border.
    • Weak and underprivileged classes (social castes) as notified.
    • Based on the recommendations of a Commission, the government had the right to include or exclude people from the category of weak and impoverished groups.

• Replacement of Terminology 

• • The word “weak and underprivileged classes” is replaced in the Bill with “other backward classes,” as proclaimed by the UT of Jammu and Kashmir.
  • The notion of weak and disadvantaged classes is completely removed from the Act.

• Elimination of the Poor and Underprivileged:

• • The Bill marks a shift in the vocabulary used to characterize socially and educationally backward sections by removing the category of weak and underprivileged classes.
  • The modification represents a shift away from the prior terminology and toward the broader group of other backward classes announced by the UT.

What are the possible implications of these bills?

• Representation in Politics: The increase in the total number of seats in the Jammu and Kashmir Legislative Assembly, as well as the reserving of seats for certain communities such as Scheduled Castes and Scheduled Tribes, attempt to improve political representation.
• Marginalized Groups Inclusion: By permitting their nomination to the Legislative Assembly, the proposals seek to incorporate marginalized groups like as Kashmiri migrants and displaced persons from Pakistan-occupied Jammu and Kashmir.
• Opportunities for Equity: The Jammu and Kashmir Reservation (Amendment) Bill’s emphasis on word substitution and highlighting “Other Backward Classes” intends to offer socially and educationally backward classes equitable chances in jobs and education.
• Social Inclusion: The nomination of members of the Kashmiri migrant community and displaced persons may help these groups socialize by ensuring their voices are acknowledged in political decision-making.
• Implementation Difficulties: There may be difficulties in implementing these revisions effectively, such as issues with identity, registration, and the practical factors of providing representation to specific communities.
• Influence on Regional Dynamics: These revisions may impact the political and social dynamics of Jammu and Kashmir, with ramifications for the region’s overall governance and stability.

Conclusion 

These rules constitute an effort to ensure that specific communities, such as Kashmiri migrants and displaced individuals from Pakistan-occupied Jammu and Kashmir, are represented in the Legislative Assembly. The increase in the total number of seats, as well as the introduction of reserved seats for Scheduled Castes and Scheduled Tribes, aims to address a wide range of concerns while providing equal political representation.