Jammu and Kashmir Reservation (Amendment) Act, 2023, Operationalized to Address Social Injustices in the Union Territory
New Delhi, 26-12-2023 : The Ministry of Home Affairs (MHA) took a significant step on Tuesday by officially notifying the enforcement of provisions outlined in the Jammu and Kashmir Reservation (Amendment) Act, 2023. This legislative move aims to grant “rights to those who faced injustice” and were deprived of their rights in the Union Territory. The notification, issued by Union Home Secretary Ajay Bhalla, designates December 26, 2023, as the effective date for the implementation of the Jammu and Kashmir Reservation (Amendment) Act, 2023.
The decision follows closely on the heels of the Parliament’s recent approval of the Jammu and Kashmir Reservation (Amendment) Bill, 2023, during the Winter Session. The MHA, leveraging the powers conferred by subsection 2 of section 1 of the Jammu and Kashmir Reservation Amendment Act, issued the official notification.
Quoting the notification, “In exercise of the powers conferred by sub-section (2) of section 1 of the Jammu and Kashmir Reservation (Amendment) Act, 2023 (34 of 2023), the Central Government hereby appoints the 26th day of December, 2023, as the date on which the provisions of the said Act shall come into force.”
The Rajya Sabha had unanimously passed both the Jammu and Kashmir Reservation (Amendment) Bill, 2023, and the Jammu and Kashmir Reorganisation (Amendment) Bill, 2023, on December 11, amending crucial laws in the Union Territory. Union Minister Amit Shah, addressing the Rajya Sabha, explained that one of the Bills aims to represent those who became refugees in their own country, reserving one seat in the Jammu and Kashmir Assembly for people displaced from Pakistan-occupied Jammu and Kashmir (PoJK).
The Jammu and Kashmir Reservation (Amendment) Bill, 2023, specifically amends the Jammu and Kashmir Reservation Act, 2004, which provides reservation in jobs and admission in professional institutions to Scheduled Castes (SCs), Scheduled Tribes (STs), and other socially and educationally backward classes.
Simultaneously, the Jammu and Kashmir Reorganisation (Amendment) Bill, 2023, seeks to amend the 2019 Act and ensure representation in the Legislative Assembly for Kashmiri migrants and displaced persons from PoJK. This bill proposes to nominate two members from the Kashmiri migrant community and one representative for the displaced persons from Pakistan-occupied Jammu and Kashmir (PoJK) to the Legislative Assembly. Furthermore, it suggests an increase in the number of seats in the Legislative Assembly from 83 to 90.
