Bilal Bashir Bhat
The Jammu and Kashmir Reservation (Amendment) Bill, 2023, was introduced in Lok Sabha on July 26, 2023. It amends the Jammu and Kashmir Reservation Act, 2004. The Act provides for reservation in jobs and admission in professional institutions to members of Scheduled Castes, Scheduled Tribes, and other socially and educationally backward classes. Key features of the Bill include:
Socially and educationally backward classes: Under the Act, socially and educationally backward classes include: (i) people residing in villages declared as socially and educationally backward by the Union Territory (UT) of Jammu and Kashmir, (ii) people residing in areas adjoining the Actual Line of Control and International Border, and (iii) weak and under-privileged classes (social castes), as notified. The government may make inclusions or exclusions from category of weak and under-privileged classes, on the recommendations of a Commission. The Bill substitutes weak and under-privileged classes with other backward classes as declared by the UT of Jammu and Kashmir. The definition of weak and under-privileged classes is deleted from the Act.
The policy of reservation in jobs, intended to provide opportunities to marginalized and disadvantaged groups, remains a critical tool in addressing social inequality. However, its application must be balanced to ensure that it serves those who genuinely require assistance, rather than becoming a blanket provision that inadvertently undermines merit and fairness.
In the context of Jammu and Kashmir, concerns have arisen regarding the misuse and overextension of job reservations, particularly in cases where people from affluent or well-educated families benefit solely based on rural addresses or other nominal criteria. This misalignment risks diluting the very purpose of reservations, which is to uplift those at the margins of society.
Reservations should be restricted to the “minimum possible number” necessary to address genuine disparities. Over-expansion of quotas, while politically expedient, can erode public trust in the system and breed resentment among open-merit candidates who are unfairly sidelined. A meticulous review of reservation categories is essential to ensure that only those truly in need benefit from the policy.
The eligibility for reservations should be grounded in the socio-economic and educational background of candidates, rather than superficial markers like rural residency. It is unjustifiable for children of officials, who enjoy quality education and urban privileges, to claim reservation benefits simply because their family maintains a rural address. A more nuanced approach that evaluates real disadvantage—such as access to education, financial status, and family income—can help correct these anomalies.
Open merit must remain the cornerstone of any employment system. It upholds the principles of equality, incentivizes hard work, and ensures that the most capable candidates contribute to public service. While affirmative action is essential for social equity, it should not come at the cost of neglecting talent and merit.
Way Forward
1. Transparent Criteria: Develop clear and stringent criteria to define the genuinely disadvantaged. Regular audits can prevent misuse of the system.
2. Dynamic Review: Reservation policies should be periodically reviewed to assess their impact and relevance, ensuring they adapt to changing socio-economic realities.
3. Focus on Education: Strengthen educational infrastructure in rural and underprivileged areas to reduce the need for reservations over time.
4. Merit-Based Exemptions: Consider introducing merit-based exemptions within reserved categories to balance equity and excellence.
The challenges faced by Jammu and Kashmir are unique, given its history and socio-political landscape. However, an effective reservation policy must balance the imperative of equity with the principle of meritocracy. The ultimate goal should be to empower marginalized groups to compete on equal footing, gradually phasing out the need for reservations altogether.
