11-12-2023 : The Rajya Sabha, on Monday, witnessed a unanimous passage of two crucial bills, the Jammu and Kashmir Reservation (Amendment) Bill, 2023, and the Jammu and Kashmir Reorganisation (Amendment) Bill, 2023, signaling a legislative milestone aimed at rectifying historical injustices and providing rights to those who have faced discrimination. The passage of these bills, amending key laws in the Union Territory, unfolded on the sixth day of the Parliament’s Winter Session, drawing attention to issues raised by Opposition leaders regarding the reinstatement of statehood for the erstwhile state of Jammu and Kashmir and the announcement of elections in the region.
The Jammu and Kashmir Reservation (Amendment) Bill, 2023, and the Jammu and Kashmir Reorganisation (Amendment) Bill, 2023, which aim to rectify historical injustices and empower those who have been deprived of their rights in the Union Territory, were previously passed by the Lok Sabha. The discussion and passage of these bills occurred shortly after the Supreme Court delivered a judgment upholding the constitutional validity of the Executive Order that abrogated Article 370 and removed statehood from Jammu and Kashmir.
Union Minister Amit Shah, while addressing the Rajya Sabha on the significance of these bills, declared it as a historic day that would be etched in golden letters in the history of Jammu and Kashmir and India. Shah highlighted the Supreme Court’s recent decision, stating that it upheld the intention behind the Jammu and Kashmir (Reorganisation) Bill, 2019, along with its constitutional validity and due process.
One of the bills presented by Shah aims to represent individuals who became refugees in their own country, reserving a seat in the Jammu and Kashmir Assembly for people displaced from Pakistan-occupied Kashmir (PoK). Shah defended the urgency of these bills, dismissing claims that they were rushed, and asserted that the Supreme Court’s recent judgment acknowledged Article 370 as a temporary provision.
Shah emphasized that the Supreme Court’s acceptance of the temporary nature of Article 370 rejected the notion that it could never be removed, as claimed by some petitioners. He explained the historical context, pointing out that the provision was considered temporary due to war conditions in the state, and Article 373 provided the President with the power to amend Section 370, ban it, or remove it entirely from the Constitution.
The Home Minister shared details of the upcoming delimitation exercise in Jammu and Kashmir, which would result in an increase in assembly seats, highlighting the developmental initiatives in the region. Shah thanked the Supreme Court for supporting the abrogation of Article 370, emphasizing the positive impact on the reduction of militancy in Kashmir.
While various political leaders expressed their perspectives on the bills, including support, opposition, and calls for additional measures, the overall tone underscored the significance of these legislative changes in shaping the future governance and representation in the Union Territory. The bills are poised to amend existing laws, such as the Jammu and Kashmir Reservation Act, 2004, and the Jammu and Kashmir Reorganisation Act, 2019, with the aim of rectifying historical injustices and providing fair representation to different communities in the region.