Nishikant Khajuria
JAMMU, Feb 8: Jammu and Kashmir is likely to make provision of 10 percent reservation for economically weaker sections in the general category by extending 124th Amendment of the Indian Constitution to J&K State through a Presidential Ordinance , very soon.
According to the highly placed sources, the matter in this regard has been discussed at the top level and the Presidential Ordinance is likely to be issued before the Modal Code of Conduct comes into force ahead of the forthcoming Lok Sabha elections.
A draft proposal is being prepared by the State Government in consultation with the Department of Law, which will be forwarded by the State Administrative Council to the Union Cabinet for its approval and consequent Presidential Ordinance for the reservation, sources added.
Prime Minister Narendra Modi, in his Vijaypur rally on February 3, had also hinted of the same when he said that reservation for economically weaker sections of the general category would also benefit youth of Jammu and Kashmir.
The reservation, meant for individuals belonging to economically-weaker sections whose annual earning is below Rs 8 lakh and who possess less than 5 acres of agriculture land, was recently implemented by the Government of India across the country, except Jammu and Kashmir State, after passage of 124th Constitutional Amendment Bill by the Parliament and subsequent approval of the same by President of India, last month.
In Jammu and Kashmir, reservation for the reserved categories is governed by J&K Reservation Act 2004 and rules 2005, passed by the State Legislature under special powers bestowed in view of Article 35-A, Article 370 of Constitution of India and Article 49 of the J&K Constitution.
All over India, reservation in education and employment is governed by Article 16: 4 ( A) and (B) of Constitution of India. Article 16 : 4 (A) and 16: 4 (B) were incorporated in the Indian Constitution through 77th, 81st and 85th amendments, which are not yet extended to the State of J&K, either through Presidential Order or adoption thorough State Legislature. If the Government of India wants to extend 124th Constitutional amendment to provide reservation to economically weaker among general category, it needs to be done through Presidential Ordinance in the absence of a popular Government here.
It may be recalled that a Bill for six percent reservation to the economically weaker sections (with annual income less than Rs one lakh) among general categories was also passed by the J&K Legislature, last year and the same is lying with Governor of the State for his approval.
However, sources said that Bhartiya Janta Party was now in favour of extending the Central Law on reservation to J&K for bringing more people under its ambit and the Governor Satya Pal Malik is learnt to have considered the opinion in this regard.
Sources said that a panel of senior BJP leaders yesterday called on Chief Secretary J&K, B V R Subramanayam and apprised him of the party’s view point over the issue. The said BJP panel, comprising Sunil Sethi, Sat Sharma, Bali Bhagat, Dr D K Manyal and Narinder Singh has been formed to coordinate with the Government for necessary action in this regard at the earliest, sources added.
While, the decks are being cleared for extending 124th amendment of the Indian Constitution to J&K for reservation, some organizations representing the reserved categories in J&K, are of the opinion that the said amendment cannot be extended to the State Constitution in isolation.
Pertinent to mention that Article 16 (4) was extended to J&K State long back but its enabling provisions .i.e. 16:4(A) and 16:4 (B), which deal with reservation in promotions in favour of SC/ST and filling up the reservation backlog, have not been incorporated in the State Constitution.
For the BJP, it is right time to win over SC/STs and unreserved categories in the State by getting Article 16: 4 (A), (B) and (C) extended to J&K in a one go via Presidential Ordinance otherwise it needs two third majority in the Assembly for the same.
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