RS passes J&K Reorganisation (Second Amendment) Bill, 2023 amid uproar

Jammu, Dec 18: Rajya Sabha Monday 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, amid uproar by the opposition members.

The opposition was raising slogans “….Jawab Do, Jawab Do…”, demanding a statement by the Union Home Minister Amit Shah in the parliament on the issue of security breach in Lok Sabha on December 13, 2023.
However, the Amendment Bill (along with a similar bill for Puducherry) was passed within 20 minutes after the Minister of State for Home Nityanand Rai, on behalf of the Union Home Minister Amit Shah, moved it in the Upper House for consideration and passage.

The Bill was earlier passed by Lok Sabha on December 12.

While moving the Bills, Rai stated that they (Bill) would cater to larger interests of the women as they aimed at granting them their political rights and dignity. “Hence, I appeal to all the members to pass these Bill unanimously in the wider interest of women,” he, while addressing the chair, appealed to the members raising slogans.

Participating in the discussion amid din, Dr Sasmit Patra of Biju Janata Dal said that he and his party were supporting the bill as it was in the interest of women.

Vijayasai Reddy of YSRCP, too, while supporting the bill urged to include left out categories of women (other than SC and ST) also in the ambit of the Bill, even in case of nominated members.

Kavita Patidar of BJP thanked the Prime Minister Narendra Modi and the Union Home Minister Amit Shah for bringing the bill aimed at empowering women of J&K (and Puducherry) as a part of “Nari Shakti Vandan Adhiniyam” during Amrit Kaal of independence.

Dr M Thambidurai of AIADMK, in his brief address, demanded that the government, as per the directions of the Supreme Court, should conduct assembly elections in J&K to fulfil aspirations of people there, as early as possible.

Kanakmedala Ravindra Kumar of TDP, while supporting the Bill, also demanded early elections in J&K.

Rakesh Sinha of BJP described the move to grant reservation to women, particularly SC and ST women, as a historic step taken by the Prime Minister, which “would be written in golden letters.”

Virender Prasad Vaishya of Asom Gana Parishad, while supporting the bill, lauded the Prime Minister and the Union Home Minister for this initiative to empower women. “This is another step to strengthen “one country, one constitution..” resolve of India - our country,” he said.

BJP MPs S Phangnon Konyak from Nagaland, Jaggesh from Karnataka, Kamakhya Prasad Tasa from Assam, S Selvaganabathy from Puducherry and Samir Oraon from Jharkhand too supported the bill.
The Bill 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.

“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,” read the objective of the Bill.

“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 in the Bill.

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 passage by the Rajya Sabha, the 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.