Rajya Sabha approves the Jammu and Kashmir Reservation (Second Amendment) Bill, 2019!

Jammu and Kashmir Reservation (Second Amendment) Bill, 2019 has been introduced in the Rajya Sabha today, which will amend the Jammu and Kashmir Reservation Act, 2004.

Following is the objective of the same as stated in the bill:

The Jammu and Kashmir Reservation Act, 2004 (the Act) was enacted with a view to provide for reservation in appointment and admission in Professional Institutions, for the members of the Scheduled Castes, the Scheduled Tribes and other socially and educationally backward classes.

2. The Jammu and Kashmir Reservation Rules, 2005 made under the Act provide for the manner of reservation to the Scheduled Castes, the Scheduled Tribes and socially and educationally backward classes. The expression “socially and educationally backward classes” includes the residents of backward areas, Actual Line of Control, International Border and social castes.

3. Vide the Constitution (One Hundred and Third Amendment) Act, 2019 (the Constitution Act, 2019) the Government of India has extended ten per cent. reservation to the persons belonging to economically weaker sections in matters of admission to educational institutions and public employment. Subsequently, to extend the provisions of the Constitution Act, 2019 to the State of Jammu and Kashmir, the President issued the Constitution (Application to Jammu and Kashmir) Amendment Order, 2019 on the 1st day of March, 2019.

4. In order to implement the provisions of the Constitution Act, 2019 in the State of Jammu and Kashmir, it has become necessary to amend certain provisions of the Jammu and Kashmir Reservation Act, 2004. Accordingly, the Jammu and Kashmir Reservation (Second Amendment) Bill, 2019, inter alia, provides for the following, namely:—

(i) to amend Section 2 of the Act, so as to define the “economically weaker sections” to mean such categories as may be notified by the Government from time to time, on the basis of family income and other indicators of economic disadvantage,
other than the classes or categories defined in clauses (m), (n) and (o) of the said section;

(ii) to amend sub-section (1) of Section 3 of the Act so as to insert the clause relating to economically weaker sections and to provide that the reservation to economically weaker sections shall be subject to a maximum of ten per cent. of the posts in each category; and

(iii) to amend sub-section (1) of Section 9 of the Act so as to insert the clause relating to economically weaker sections and to provide that the reservation to economically weaker sections shall be subject to a maximum of ten percent. of the seats in each category

The amendments to take place in accordance with this bill will be under Sections 2, 3 and 9.

*Please read the bill here: Jammu and Kashmir Reservation (Second Amendment) Bill, 2019


Rajya Sabha

Bill No. XXVIII of 2019

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