Jammu & Kashmir (Reservation) Bill 2019: Things You Need To Know
The Jammu and Kashmir Reservation (Amendment) Bill has been passed by the upper house, Rajya Sabha. The bill partially amends Presidential Order of 1954 in order to amend the state’s Reservation Act. Home Minister, Amit Shah had introduced the bill in Lok Sabha on June 24 and was passed by Lok Sabha on June 28. It says to benefit 3.5 Lakh residents of Jammu, Samba and Kathua districts. The people will get three per cent reservation in jobs and educational institutions in line with those living along the Line of Control (LoC) due to hardships because of shelling from across the border.
Ordinance (Temporary Law)
An ordinance is a temporary law formed when one of the House of Parliament is not in the session. So, in order to provide the benefit of reservation to the people living in areas adjoining International Border and Actual Line of Control, the President on March 1, 2019 promulgated the "Jammu and Kashmir Reservation (Amendment) Ordinance, 2019".
Reason
Due to continuous cross border tensions, people living along the international border suffer from socio-economic and educational backwardness. This situation often compels the departure of these residents to other safer places and prevent from having an adverse impact on their economic condition and educational status. Therefore, there was a persistent demand from citizens residing in the areas adjoining the international border to bring them at par with the citizens living in areas adjoining the Actual Line of Control.
Extension of Reservation
The Jammu and Kashmir Act, 2004 provides for reservation in certain state government posts to people belonging to socially and educationally backward classes such as Schedule Castes, Schedule Tribes living in areas adjoining the Actual Line of Control. The Bill amends this to include those persons living in areas adjoining the international border. Further, the Act states that anyone who has been appointed on the basis of residence in an area adjoining the Line of Control, must serve in such areas for a minimum of seven years. The Bill extends this condition to persons living in areas adjoining the international border as well.
Exclusion From Reservation
The Jammu and Kashmir Act, 2004 states that whose annual income exceeds rupees 8 Lakh would not be included within socially and educationally backward classes. It does not apply to persons living in areas adjoining the Actual Line of Control. According to the amended bill, this exclusion will not be applied to persons who live in areas adjoining to the International Border.
Counter-Strike
The Congress slammed the move by saying that to extend the President's rule in Jammu and Kashmir would only alienate people of the state further while the regional parties in Jammu and Kashmir have termed this amendment as ‘unconstitutional’. They said that “concurrence” means the concurrence of an elected government and not that of a nominated government. The President cannot seek the concurrence of “Governor” because Governor is a representative of the President.
PM, Narendra Modi Tweets
PM, Narendra Modi tweeted that “Passage of Jammu and Kashmir Reservation (Amendment) Bill ensures justice for those living in the border areas of Kathua, Samba & Jammu districts. The aspirations of the bright and talented youth of these areas will be fulfilled, which is wonderful for the state and our nation.”
