LS passes J&K Reorganisation (Second Amendment) Bill, 2023

Jammu, Dec 12: Lok Sabha Monday unanimously passed “The Jammu and Kashmir Reorganisation (Second Amendment) Bill, 2023”, providing for reservation of one-third of the total number of seats in the Legislative Assembly of the Union Territory (Jammu and Kashmir) for women, by voice vote.

“In order to enable greater representation and participation of women as public representatives in law making processes of the Legislative Assembly of the Union Territory of Jammu and Kashmir, it is decided to introduce the Jammu and Kashmir Reorganisation (Second Amendment) Bill, 2023 to provide for as nearly as may be, one-third of total seats in the Legislative Assembly of the Union Territory of Jammu and Kashmir to be reserved for women,” the Minister of State for Home Nityanand Rai stated in the Lower House, while explaining the avowed objective of the Bill.

Earlier, Rai, this afternoon, had introduced the Amendment Bill in the Lok Sabha for consideration and passage on behalf of the Union Home Minister Amit Shah.
The debate over the bill yet again saw the members discussing the pros and cons of the Supreme Court’s verdict on Article 370 abrogation.

Notably the passage of this significant bill came a day after the Rajya Sabha cleared J&K Reservation (Amendment) Bill, 2023 and J&K Reorganisation (Amendment) Bill, 2023 following a feisty debate and equally spirited reply of Home Minister.

The Supreme Court announced its verdict on December 11, upholding the abrogation of Article 370.

Participating in the Amendment Bill seeking to provide reservation for women in J&K Legislative Assembly, National Conference MP Justice (retired) Hasnain Masoodi used the occasion to take a dig at the central government for delaying assembly elections in the Union Territory. He described it as an irony that the members (in LS) were deliberating over representation (to women) in J&K Assembly, which did
not have any elected member for the past six years or so, leaving it (J&K) to “be run by bureaucrats.”

Referring to SC verdict vis-à-vis conduct of election and statehood (of J&K), Masoodi questioned the government for not holding polls and accused it of even disregarding the apex court’s directive. Trinamool and CPI(M) members also targetted the government, while finding fault with its J&K policies.

Union Minister of State for Home, while enlisting the achievements of the central and UT government for the welfare of J&K, explained the aim and objective of the Bill.

According to him, the Bill, which after passage will be called the Jammu and Kashmir Reorganisation (Second Amendment) Act, 2023, seeks to amend the Jammu and Kashmir Reorganisation Act, 2019.
It provides for insertion in the Jammu and Kashmir Reorganisation Act, 2019, after section 14. By virtue of inserted proviso 14A, seats will be reserved for women in the Legislative Assembly of the Union Territory of Jammu and Kashmir.

“As nearly as may be, one-third of the seats reserved under sub-section (7) of section 14 shall be reserved for women belonging to the Scheduled Castes or the Scheduled Tribes in the Legislative Assembly of the Union Territory of Jammu and Kashmir. As nearly as may be, one-third of the total number of seats to be filled by direct election to the Legislative Assembly of the Union Territory of Jammu and Kashmir (including the number of seats reserved for women belonging to the Scheduled Castes and the Scheduled Tribes) shall be reserved for women in such manner as Parliament may by law determine,” it was explained.

It further provided: “Notwithstanding anything contained in the provisions of this Act, the provisions relating to reservation of seats for women in the Legislative Assembly of the Union Territory of Jammu and Kashmir shall come into effect after an exercise of delimitation is undertaken for this purpose after the relevant figures for the first census taken after the commencement of the Jammu and Kashmir Reorganisation (Second Amendment) Act, 2023 have been published and shall cease to have effect on the expiration of a period of fifteen years from such commencement.”

This simply means that reservation for women will come into effect only after an exercise of delimitation is undertaken following the conduct of the next census.

“Subject to the provisions of section 14A, seats reserved for women in the Legislative Assembly of the Union Territory of Jammu and Kashmir shall continue till such date as Parliament may by law determine,” it added.

It specified that rotation of seats reserved for women in the Legislative Assembly of the Union Territory of Jammu and Kashmir will take effect “after such subsequent exercise of delimitation as Parliament may by law determine.”

“Nothing in section 14A shall affect any representation in the Legislative Assembly of the Union Territory of Jammu and Kashmir until the dissolution of the then existing Legislative Assembly of the Union Territory of Jammu and Kashmir,” it clarified.

After LS clearance, the passage of Amendment bill in RS to be followed by assent of the president of India, would pave the way for extending the provisions of Constitution (106th Amendment) Act, which grants 33 percent reservation for women in Parliament and State Legislatures, to the J&K Legislative Assembly.

The introduction of this Bill for consideration and passage was necessitated as there was no provision as yet to extend the provisions of Women’s Reservation Law (earlier passed by the Parliament during its special session in September) in the Union Territory of J&K (besides Puducherry).

“Parliament has enacted the Constitution (One Hundred and Sixth Amendment) Act, 2023 to pave the way for the reservation of one-third of the total number of seats for women in the House of the People;
Legislative Assembly of every State; and the Legislative Assembly of the National Capital Territory of Delhi. Consequent to its enactment, similar provisions for providing reservation for women in the Legislative Assembly of the Union Territory of Jammu and Kashmir are also required to be made by Parliament by amending the Jammu and Kashmir Reorganisation Act, 2019,” read the statement of objects and reasons.

The women reservation provisions will come into effect from 2029, across the country.