J&K amendment bills passed in Lok Sabha, Opposition walks out

On the second day of the winter session, the Lok Sabha on Wednesday passed the Jammu and Kashmir Reorganisation (Amendment) Bill and Jammu and Kashmir Reservation (Amendment) Bill 2023, which were tabled by Union home minister Amit Shah. The two bills were introduced in the lower house on 26 July.

Both bills are set to introduce significant legislative changes. Jammu and Kashmir Reorganisation (Amendment) Bill 2023 amends the Jammu and Kashmir Reorganisation Act 2019, which facilitated the reorganisation of the erstwhile state into the Union Territories of Jammu & Kashmir and Ladakh. The bill proposes to increase the total number of seats in the Jammu and Kashmir legislative assembly from 83 to 90, of which seven would be reserved for SC members and nine for legislators from STs.

The bill also states that the lieutenant-governor can nominate two members from the Kashmiri migrant community to the assembly, one of them a woman. Additionally, one member representing displaced persons from Pakistan-occupied Jammu and Kashmir may be nominated.

"Kashmiri migrants" are defined as persons who migrated from the Kashmir Valley or any other part of the state of Jammu and Kashmir after 1 November 1989, and are registered with the Relief Commissioner.

The Jammu and Kashmir Reservation (Amendment) Bill 2023 modifies the Jammu and Kashmir Reservation Act 2004, which governs reservations in jobs and admissions to professional institutions for members of SCs, STs, and socially and educationally backward classes.

Key features include the replacement of the phrase "weak and under-privileged classes" with "other backward classes" as declared by the Union Territory of Jammu and Kashmir. The bill eliminates the original definition of weak and under-privileged classes.

During the discussion, Shah claimed that the two bills would bring justice to those who have been deprived of their rights for the past 70 years, and said he was glad that no one opposed the bills while deliberating upon them.

Shah again blamed India’s first Prime Minister Jawaharlal Nehru for the sufferings of the people in Jammu and Kashmir because Nehru announced a ceasefire and then took the Kashmir issue to the United Nations. "Had Jawaharlal Nehru taken the right steps, Pakistan-occupied Kashmir would have been part of India now; it was a historic blunder," Shah said.

Historians have repeatedly stated that Lord Mountbatten was among those who advocated a UN-monitored solution and Nehru had no reason to doubt him. During the 73 days when Kashmir was independent, from 15 August to 26 October 1947, measures were taken to upgrade the communication between India and Jammu and Kashmir. Nothing suggests inaction on the part of Nehru or India.

During the discussion, Shah said about 45,000 people have lost their lives owing to terrorism in Jammu and Kashmir so far. The Modi government has planned to have "zero terror incidents in Jammu and Kashmir force for 3 years. It will be successful by 2026", Shah added.

After the bill was passed, Opposition members walked out of the lower house. Earlier, Opposition members had sought a timeline from the government on Tuesday for holding assembly polls in Jammu and Kashmir, with the Centre asserting that it was ready, and it was up to the Election Commission to take a decision in the matter.