Srinagar, Feb 28 (Only Kashmir): As the Mr. Narendera Modi led Union cabinet on Thursday evening approved the proposal of Jammu &Kashmir Government to issue “The Jammu and Kashmir Reservation (Amendment) Ordinance, 2019′ by the President of India, the social media in Kashmir buzzed with the posts reflecting the panic and anguish.
According to this amendment order will pave the way for giving a benefit of promotion to the SC & ST and also extend the reservation of up to 10 percent to the Economically Weaker Sections in J&K.
The netizens including former Chief Minister Mr. Omar Abdullah shared the pictures of the said order and expressed ignorance at the same time hunting for legal experts.
It is for this reason that @JKNC_ will consult eminent lawyers tomorrow to see how best we can challenge this blatantly unconstitutional order in court.
— Omar Abdullah (@OmarAbdullah) February 28, 2019
Ostensibly, using the Govs office seems to be a sinister move to further disempower the state. This will not be tolerated & the entire state will fight against this criminal and illegal move of GoI.
— Mehbooba Mufti (@MehboobaMufti) February 28, 2019
Meanwhile, Jammu and Kashmir’s Directorate of Information bringing an end to the speculations and rumor mongering quickly issued a statement which reads:
“These amendments do not affect who is covered as a Permanent Resident. They do not bring West Pakistan Refugees under the scope of permanent residency. In the case of IB, only permanent residents will be able to get the benefits of this extension of reservation benefits as applicable to LOC residents.”
The Union Cabinet in it’s meeting today approved the following:
1) Amending the JK Reservation Act through an Ordinance to add the words “and International Border” after the word “LAC” so that the benefits of reservation available to residents of LAC are extended to IB. This would benefit residents in Jammu, Samba, Kathua.
2) Through a Presidential Order, apply the 77th Constitutional Amendment 1995 to J&K. This would give the benefit of reservation in promotion to Scheduled Castes and Scheduled Tribes in government service.
3) Through a Presidential Order, apply the 103rd Constitutional Amendment 2019 to J&K. This would give the benefit of 10% reservation to Economically Weaker Sections among the general category people.
Pertinent to mention here, these were recommended by the State Administrative Council (SAC) in its meeting last week to the Union Government.
Impact
Once the Ordinance is issued, it would pave the way would pave the way for bringing persons residing in the areas adjoining International Border within the ambit of Reservation at par with persons living in areas adjoining Actual Line of Control.
Background
10% reservation for economically weaker sections made applicable in J&K also. This would pave the way for reserving State Government jobs to the youth of J&K who are from economically weaker sections belonging to any religion or caste. It may be recalled that 10% reservation to economically weaker sections was introduced in rest of the country through the 103rd Constitution Amendment in January 2019. This will be in addition to such reservation available in Govt. of India jobs also.
Benefit of promotion to Scheduled Castes and Scheduled Tribes, which include Gujjars and Bakarwals amongst others, has also been made applicable to the State of J&K. After a long wait of 24 years, the 77thConstitution Amendment of 1995 has now been applied to the State of J&K.
People living near the International Border have been brought at par with those living near the Line of Control for reservation in State Government jobs by amending the Jammu and Kashmir Reservation Act, 2004 through an Ordinance. Earlier, the provision of 3% reservation was available only for youth living within 6 kms. Of LoC in J&K. Now, this provision will be applicable for people living near the international border also. This has been a long-pending demand of the population living near the international border, as they have been facing the brunt of cross border firing in J&K.
The Jammu and Kashmir Reservation Act, 2004 and Rules there under namely The Jammu and Kashmir Reservation Rules, 2005 provide for vertical reservation in direct recruitment, promotions and admission in different professional courses to various categories viz. Scheduled Castes, Scheduled Tribes, Socially and Educationally Backward Classes (Residents of Backward Area (RBA), Residents of Areas adjoining Actual Line of Control (ALoC) and Weak and Under Privileged Classes (Social Castes) alongwith horizontal reservation to the Ex-Serviceman and Physically Challenged Persons. However, the reservation benefits are not extended to the persons residing in the areas adjoining International Border.
Due to continuous cross border tensions, persons living alongside International Border suffer from socio-economic and educational backwardness. Shelling from across the border often compels these residents to move to safer places and is adversely impacting their education as Educational Institutions remain closed for long periods. Hence, it was felt justifiable to extend the reservation benefits to persons residing in the areas adjoining International Border on the similar lines of the persons living in areas adjoining Actual Line of Control (ALoC).
