Union Cabinet has approved the Jammu and Kashmir Reservation (Amendment)
Ordinance, 2019. It provides for amendments in the Jammu and Kashmir
Reservation Act, 2004.
J&K Reservation Act, 2004 and the 2005 Rules provide for vertical
reservation in direct recruitment, promotions and admission in different
professional courses to various categories viz. a) Scheduled Castes, b) Scheduled
Tribes, c) Socially and Educationally Backward Classes (Residents of Backward
Area, d) Residents of Areas adjoining Actual LoC and e) Weak and Under
Privileged Classes (Social Castes). It also provides horizontal reservation to
the ex-serviceman and physically challenged Persons.
ordinance extends reservation in jobs, promotions and education to people
living 10 km from the International Border (IB) in Jammu. Earlier the benefits
were only reserved for people living 10 km beyond the Line of Control (LoC) and
affected by shelling and firing from across the border.
J&K Governor has opined that the ordinance does not tamper Article 35A or
Article 370. Article
35A of the constitution empowers J&K legislature to define state’s
“permanent residents” and their special rights.
370 of the Indian Constitution is a ‘temporary provision” which grants special
autonomous status to Jammu & Kashmir. Under Part XXI of the Constitution of
India, which deals with “Temporary, Transitional and Special provisions”,
the state of Jammu & Kashmir has been accorded special status under Article