‘Modi corrected corrected historic mistake in J&K’
Bill for nomination of 2 KPs,
PoJK refugee introduced in LS
Legislation for reservation
to OBCs also tabled
Sanjeev Pargal
JAMMU, Dec 5: Union Home Minister Amit Shah today introduced two bills in Lok Sabha which proposed nomination of two Kashmiri Pandits, one of them a woman, and one person from Pakistan occupied Jammu Kashmir (PoJK) refugees to the Legislative Assembly of Jammu and Kashmir, and grant of reservation to Other Backward Classes (OBCs) instead of Other Social Castes (OSCs) as is the case presently in the Union Territory.
Nominated KPs and PoJK refugee will have voting rights in the Assembly.
Shah, who will reply to debate on the bills in Lok Sabha tomorrow afternoon and also move a pass motion, briefly intervened in the House today after Trinamool Congress TMC) MP Saugata Ray’s remarks on Syama Prasad Mukherjee, and declared that concept of ‘One Flag, One Prime Minister, One Constitution’ was not a political slogan as the BJP has implemented it in Jammu and Kashmir.
With BJP enjoying majority in Lok Sabha, the bills are expected to get the House nod tomorrow after which they will be introduced in Rajya Sabha. The BJP is expecting smooth sailing of the legislations in the Upper House with the support of allies.
However, the much talked about bill granting Scheduled Tribe (ST) status to Paharis is yet to be debated in the Parliament. It was introduced in Lok Sabha during Monsoon session in July.
The Home Minister declared that the Central Government has ensured that the country has one flag and Constitution. This was an apparent reference to abrogation of Article 370 of the Constitution of India granting special status to erstwhile State of Jammu and Kashmir which was abrogated on August 5, 2019.
“Concept of “One Flag, one Prime Minister, one Constitution” was not a political slogan and the BJP firmly believes in the principle and finally implemented it with regard to Jammu and Kashmir,” Shah said.
Responding to a remark by TMC’s Saugata Roy in Lok Sabha that “Ek Nishan, Ek Pradhan, Ek Samvidhan (one flag, one head, one Constitution)” was a “political slogan”, Shah wondered as to how can a country have two Prime Ministers, two Constitutions and two flags.
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He described Roy’s remarks as” objectionable”.
While responding to a remark from the Opposition benches, Shah said, “Whosoever did it was wrong. Narendra Modi has corrected it. Your approval or disagreement does not matter. The entire country wanted it.”
Soon after Saugata Roy ended his speech on the Jammu and Kashmir Reservation (Amendment) Bill and the Jammu and Kashmir Reorganisation (Amendment) Bill, Union Minister Piyush Goyal said while the TMC leader mentioned Syama Prasad Mukherjee, he should have also recalled his sacrifice.
Roy said he had taught in a college named after Mukherjee and “Ek Nishan, Ek Pradhan, Ek Samvidhan” was his slogan and it was a “political slogan”.
Shah then rose to hit back at the TMC member.
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 of 2004.
It seeks to change the nomenclature of “weak and underprivileged classes” to “Other Backward Classes” in Jammu and Kashmir.
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.
The Socially and Educationally Backward Classes that include people residing in villages declared as Socially and Educationally Backwards by the Union Territory (UT) of Jammu and Kashmir, people residing in areas adjoining the Actual Line of Control and International Border, and weak and under-privileged classes (Social Castes), as notified.
The Government may make inclusions or exclusions from the category of weak and under-privileged classes, on the recommendations of a Commission.
The Jammu and Kashmir Reorganization (Amendment) Bill, 2023 was also introduced in Lok Sabha on July 26, 2023.
The Bill proposed 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 November 1, 1989 and are registered with the Relief Commissioner.
Migrants also include individuals who have not been registered due to being in Government service in any moving office, having left for work, or possessing immovable property at the place from where they migrated but are unable to reside there due to disturbed conditions.
As per the Bill, the Lieutenant Governor may also 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.
Such displacement should have taken place in 1947-48, 1965, or 1971 due to civil disturbances or fear of such disturbances. These include successors-in-interest of such persons.
The Delimitation Commission, while undertaking the delimitation process of Assembly and Parliamentary constituencies in the Union Territory of Jammu and Kashmir, had received many representations from the Kashmiri migrants as well as from the displaced persons from Pakistan occupied Jammu and Kashmir regarding reservation of seats in the Legislative Assembly of the Union Territory of Jammu and Kashmir to preserve their political rights and identity.
Other bills which may come up in the Parliament during winter session include grant of ST status to Paharis and inclusion of Valmiki community as a synonym of Chura, Bhangi, Valmiki and Mehtar in the list of Scheduled Castes of Jammu and Kashmir.
The Government is also likely to bring yet another bill in the Parliament granting 33 percent reservation to women in the Legislative Assembly of Jammu and Kashmir. However, the women reservation is expected to come into force after 2029.
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