Rajya Sabha has passed the Jammu and Kashmir
Reservation Bill. It was earlier passed in the Lok Sabha
The Bill partially amends a Presidential Order
of 1954 in order to amend The Jammu and Kashmir Reservation Act, 2004. The
amendments were earlier effected through an ordinance after these had been
approved by the Union Cabinet in February 2019
The bill 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
Further, through the Presidential Order, the
Cabinet applied the 77th Constitutional Amendment of 1995 to Jammu and Kashmir.
It provides for benefits of reservation in promotion to Scheduled Castes and
Scheduled Tribes in government service.
The Cabinet also applied the 103rd
Constitutional Amendment of 2019 to J&K, which gave 10% reservation to
Economically Weaker Sections among people in the general category.
The bill has faced criticism owing to the grounds
that the Centre and J&K Governor has breached Article 370 while issuing the
amendment to the 1954 Presidential Order.
Article 370 is a temporary provision granting
special autonomous status to Jammu and Kashmir. It specifies that except for
Defence, Foreign Affairs, Finance and Communications the Indian Parliament
needs the State Government’s concurrence for applying all other laws.
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