Source – The Hindu

Introduction

Recently, the Lok Sabha passed the Jammu and Kashmir Reorganization (Amendment) Bill, 2023 and the Jammu and Kashmir Reservation (Amendment) Bill, 2023. These two bills were introduced in the lower house of the Parliament on 26th July 2023.

What is Jammu and Kashmir Reorganization (Amendment) Bill, 2023?

• This bill amends the Jammu and Kashmir Reorganization Act, 2019, which facilitated the reorganization of the erstwhile state into the Union territories (UTs) of Jammu and Kashmir and Ladakh.
• This bill proposes to increase the total number of seats in the Jammu and Kashmir legislative assembly from 107 to 114, of which seven would be reserved for scheduled caste members and nine seats for legislators from scheduled tribes.
• The Bill adds that the Lieutenant Governor may nominate up to two members from the Kashmiri migrant community to the Legislative Assembly. One of the nominated members must be a woman.
  • Migrants are defined as persons who migrated from the Kashmir Valley or any other part of the state of Jammu and Kashmir after 1^st November 1989, and are registered with the Relief Commissioner.
• The Bill adds that the Lieutenant Governor may nominate to the Legislative Assembly one member representing displaced persons from Pakistan-occupied Jammu and Kashmir.
  • Displaced persons refer to individuals who left or were displaced from their place of residence in Pakistani-occupied Jammu and Kashmir and continue to reside outside such place.

What is Jammu and Kashmir Reservation (Amendment) Bill, 2023?

• It amends the Jammu and Kashmir Reservation Act, 2004 which provides for reservation in jobs and admission in professional institutions to members of Scheduled Castes, Scheduled Tribes, and other socially and educationally backward classes.
• The Bill substitutes weak and under-privileged classes with other backward classes as declared by the UTs of Jammu and Kashmir.
• The definition of weak and under-privileged classes is deleted from the Act.

What is the Jammu and Kashmir Reorganization Act, 2019?

• On 5th August 2019, Parliament passed the Jammu & Kashmir Reorganization Bill that led to bifurcation of the erstwhile state (into Jammu & Kashmir and Ladakh) and the effective abrogation of Article 370 of the Constitution of India, 1950 (COI) that gave the region its special status.
• Containing provisions to reconstitute Jammu and Kashmir and Ladakh, this Act became effective on 31^st October 2019.
• The act consists of 103 clauses, extends 106 central laws to the UTs, repeals 153 state laws, and abolishes the Jammu and Kashmir Legislative Council.
• The act has also given powers to the Central government to pass a number of executive orders in relation to both the union territories.

What was Article 370 of the Constitution of India, 1950?

• On October 17, 1949, Article 370 was added to the COI as a temporary provision which exempted Jammu & Kashmir, permitting it to draft its own Constitution and restricting the Indian Parliament's legislative powers in the State.
• Under this Article, Jammu and Kashmir was granted a special constitutional status that set it apart from any other state of India.
• The provision substantially limited Parliament’s power to legislate for the State and effectively vested the greater power to the Jammu and Kashmir state legislature.
• The provisions under this Article had three main ingredients:
  • India would not make laws in Jammu and Kashmir except for three subjects (defence, external affairs and communications) included in the Instrument of Accession. The Parliament could make laws beyond them only with the concurrence of the Jammu and Kashmir Constituent Assembly.
  • No provisions of COI would be applicable to Jammu and Kashmir except for Article 1 of the COI.
  • The special status of Jammu and Kashmir could not be amended or repealed, unless the Constituent Assembly of Jammu & Kashmir recommended it.

Conclusion

Considered as one of the progressive changes, this bill is for those who have been oppressed in the past 70 years and will give them justice and rights and will provide representation to displaced Kashmiris. It will further promote and ensure the security of the people of Jammu and Kashmir and improve their quality of life.