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Rethinking reservation? J&K’s four major bills not put to vote in Parliament

Ziraat Times Team Report

New Delhi, Aug 12: Four important bills for enlarging reservation in Jammu & Kashmir, that were listed for Parliament’s Monsoon Session in July 2023, have, finally, not been put to vote during this Session.

Parliament’s Monsoon Session culminated on Friday, 11 August, after several bills were put to vote, including the path-breaking bill on revamping of the Criminal Justice System in the country.

Informed sources told Ziraat Times that the bills were not tabled in the Lok Sabha, as expected, and that these bills might be put to vote in the winter Session in November after the completion of the Municipal and Panchayat elections in Jammu & Kashmir.

“The most likely reason that these bills have not been tabled in the Parliament is because there has been immense opposition to extending the Scheduled Tribe status to the Pahari community from sections of the Gujjar community. As such, the central government has decided to proceed with the Municipal and Panchayat elections first”, said a Jammu-based  lawyer specializing in constitutional affairs.

However, some observers believe that the deferment of the bills to the Winter Session might have happened due to lack of adequate time to the government for putting the bills to vote and holding the necessary discussions.

Whatever be the case, observers believe that this deferment may disappoint the Pahari community, which was keenly looking forward to the passage of the bill related to their SCHEDULED TRIBES status in the Parliament.

On the other hand, some informed sources maintain that there might be a rethinking happening at the Union government level about the proposed move of enlarging political and socio-economic reservation in J&K due to its potential adverse political implications for the ruling party.

“It is very much possible that the ruling party wants to test the political waters through the Municipal and Panchayat elections. And that a final decision on these bills might be taken after these upcoming elections in October.

The four bills that were listed for introduction in the Parliament include –

The Jammu and Kashmir Reorganisation (Amendment) Bill, 2023: This bill proposes to reserve three seats in the Jammu and Kashmir Legislative Assembly for Kashmiri Pandits and one seat for refugees from Pakistan-occupied Kashmir (PoJK).

The Jammu and Kashmir Reservation (Amendment) Bill, 2023: This bill proposes to change the nomenclature of “weak and under privileged classes (Social Castes)” to “Other Backward Classes” for the purpose of grant of reservation in Jammu and Kashmir.

The Constitution (Jammu and Kashmir) Scheduled Tribes Order (Amendment) Bill, 2023: This bill proposes to include four new communities – Gadda Brahmin, Koli, Paddari Tribe and Pahari Ethnic Group – in the list of Scheduled Tribes in Jammu and Kashmir.

The Constitution (Jammu and Kashmir) Scheduled Castes Order (Amendment) Bill, 2023: This bill proposes to include the Valmiki community in the list of Scheduled Castes of Jammu and Kashmir.

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