J&K Reorganisation (Amendment) Bill, 2023

The “Jammu and Kashmir Reorganisation (Amendment) Bill, 2023” aims to nominate two members from the “Kashmiri Migrants” community to the Legislative Assembly of the Union Territory of Jammu and Kashmir.
Among the nominated members, one will be a woman.
The Bill also proposes to nominate one member from “Pakistan-occupied Kashmir,” who was displaced during the wars with Pakistan in 1947-48, 1965, and 1971.
The primary objective of the Bill is to preserve the political rights of these communities and promote their overall social and economic development.

Highlights of the Bill:

The Jammu and Kashmir Reorganisation (Amendment) Bill, 2023 provides for the following, namely:
- to insert new sections 15A and 15B in the Act so as to nominate not more than two members, one of whom shall be a woman, from the community of Kashmiri Migrants, and one member from Displaced Persons from Pakistan occupied Jammu and Kashmir, to the Legislative Assembly of the Union territory of Jammu and Kashmir
- amendments to sub-sections (3) and (10) of section 14 of the Act which are of consequential in view of completion of delimitation process in the Union territory of Jammu and Kashmir,” according to the statement of objects and reasons.
Objective: The Bill aims “to preserve their political rights” and “overall social and economic development.”

Features of the J&K Reorganisation (Amendment) Bill, 2023

The J&K Reorganisation (Amendment) Bill, 2023, aims to amend certain provisions of the original 2019 Act to provide for the reservation of seats for specific communities in the Legislative Assembly of the Union Territory of Jammu and Kashmir.
Reservation of Seats: The bill proposes to reserve seats in the Legislative Assembly for Kashmiri Pandits and migrants from Pakistan-occupied Kashmir (PoK). This move is intended to provide political representation to these communities in the region.
L-G’s Power to Appoint MLAs: The Bill is likely to empower the L-G to appoint two MLAs from the Kashmiri migrant community and one migrant from PoK to the Union Territory’s Legislative Assembly.

Significance and Intentions

The reservation of seats for Kashmiri Pandits and migrants from PoK is aimed at addressing the concerns of these communities who have faced displacement and challenges due to the region’s political history and conflicts. It intends to give them a voice and representation in the democratic processes of Jammu and Kashmir.
The provision to empower the L-G to nominate these MLAs is likely to ensure their representation in the Legislative Assembly, especially in situations where holding regular elections in certain areas may be challenging due to security or other considerations.

Government may consider the following steps

Facilitating Constructive Dialogue and Consensus Building: Engaging in substantive discussions with all relevant stakeholders, including regional political parties and community representatives, can serve as a pathway to addressing concerns and reaching a consensus regarding the optimal approach for representation of Kashmiri Pandits and PoK migrants.
Ensuring Legal and Constitutional Compliance: The government must remain attentive to the ongoing legal challenges related to the 2019 Reorganisation Act and ensure that any proposed amendments align with constitutional principles. It is imperative that such changes uphold the democratic framework without causing any erosion.
Embracing Transparency and Inclusivity: Upholding transparency throughout the decision-making process and actively involving elected representatives from Jammu and Kashmir in decisions related to political representation will promote inclusiveness and reinforce democratic values.
Exploring Alternative Representation Mechanisms: Considering alternative strategies to enhance the representation of marginalized communities while preserving democratic tenets may help alleviate concerns surrounding the nomination powers of the L-G.
Prioritizing Development and Reconciliation: In conjunction with political measures, the government should emphasize addressing developmental needs and fostering reconciliation efforts in the region. These initiatives are essential for building trust and inclusivity among all communities.

Conclusion

The J&K Reorganisation (Amendment) Bill, 2023, is a step taken by the Union Government to address the representation concerns of Kashmiri Pandits and migrants from PoK. However, it has faced criticism from regional parties, highlighting the need for careful consideration, dialogue, and inclusive decision-making to address the complex issues related to political representation in Jammu and Kashmir.

MCQs about J&K Reorganisation (Amendment) Bill, 2023

Question 1: What is the main objective of the “Jammu and Kashmir Reorganisation (Amendment) Bill, 2023”?

a) To create a new legislative assembly in Jammu and Kashmir
b) To reorganize the administrative structure of Jammu and Kashmir
c) To provide political representation and promote social and economic development for specific communities
d) To merge Jammu and Kashmir with another Indian state

Question 2: How many members from the “Kashmiri Migrants” community are proposed to be nominated to the Legislative Assembly of the Union Territory of Jammu and Kashmir under the Bill?

a) One
b) Two
c) Three
d) Four

Question 3: What is the significance of the Bill’s proposal to nominate one member from “Pakistan-occupied Kashmir”?

a) To establish diplomatic relations with Pakistan
b) To address concerns of displaced individuals due to past conflicts
c) To promote trade and economic relations with Pakistan
d) To ensure equal representation for all regions of Jammu and Kashmir

Question 4: How does the Bill aim to empower the Lieutenant Governor (L-G) of the Union Territory of Jammu and Kashmir?

a) By granting the L-G veto power over legislative decisions
b) By allowing the L-G to dissolve the Legislative Assembly
c) By giving the L-G the authority to appoint specific nominated members to the Legislative Assembly
d) By enabling the L-G to call for early elections

Question 5: What criticism has the J&K Reorganisation (Amendment) Bill, 2023 faced from regional parties?

a) Its focus on economic development over political representation
b) Its lack of consideration for displaced individuals
c) The absence of provisions for Kashmiri Pandits
d) The need for more inclusive decision-making and dialogue

Read more: j&k reorganisation act, jammu and kashmir, legislative assembly, pok, lok sabha