Jammu and Kashmir Reservation (Amendment) Bill, 2019 as passed by both the Houses of Parliament.
The Bill has been introduced to further amend the Jammu and Kashmir Reservation Act, 2004.
The Jammu and Kashmir Reservation Act, 2004 (the Act) and the rules made thereunder provide for reservation for different categories of beneficiaries including persons living in areas adjoining the Actual Line of Control. But the benefit of reservation was not available or extended to the persons residing in the areas adjoining the International Border.
2. Due to continuous cross border tensions, persons living along the International Border suffer from socio-economic and educational backwardness. This situation often compels departure of these residents to other safer places thereby having an adverse impact on their economic condition and educational status. Therefore, there was a persistent demand from persons residing in the areas adjoining the International Border to bring them within the ambit of the said Act and bring them at par with the persons living in areas adjoining the Actual Line of Control.
3. The President of India issued a Proclamation vide No. G.S.R. 1223(E), dated the 19th December, 2018 under Article 356 of the Constitution in relation to the State of Jammu and Kashmir declaring thereby that the powers of the Legislature of the State of Jammu and Kashmir shall be exercisable by or under the authority of the Parliament. In view of the urgency to provide the benefits of reservation to the persons living in areas adjoining International Border at par with persons living in areas adjoining Actual Line of Control, it had become necessary to amend the Act.
4. The Jammu and Kashmir Reservation (Amendment) Bill, 2019 which seeks to replace the Jammu and Kashmir Reservation (Amendment) Ordinance, 2019 shall meet the long pending demand of the people residing in the areas adjoining International Border for their overall socio-economic and educational development. It will enable a large number of people residing in the areas adjoining International Border to reap the benefits of reservation as available to persons residing in the areas adjoining the Actual Line of Control.
5. As the Parliament was not in session and urgent legislation was required to be made, the President promulgated the Jammu and Kashmir Reservation (Amendment) Ordinance, 2019 under clause (1) of Article 123 of the Constitution.
6. The Bill seeks to replace the said Ordinance.
*Please refer to the same here: Jammu and Kashmir Reservation (Amendment) Bill, 2019
Jammu and Kashmir Reservation (Amendment) Act, 2019
2. In Section 2 of the Jammu and Kashmir Reservation Act, 2004 (hereinafter referred to as the principal Act), in clause (o),—
(a) for sub-clause (ii), the following sub-clause shall be substituted, namely:—
“(ii) the persons residing in the area adjoining Actual Line of Control and International Border; and”;
(b) in second proviso, in clause (ix), in the proviso, for the words “Actual Line of Control”, the words “Actual Line of Control or International Border” shall be substituted.
3. In Section 3 of the principal Act, in sub-section (2), for the words “Line of Actual Control”, the words “Actual Line of Control or International Border” shall be substituted.
4. (1) The Jammu and Kashmir Reservation (Amendment) Ordinance, 2019 is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under this Act.
