Rajya Sabha Passes Bills on OBC Reservation and SC, ST Modifications in Jammu & Kashmir

On Friday, the Rajya Sabha passed three bills concerning the reservation for Other Backward Classes (OBCs) in local bodies and the modification of the lists of Scheduled Castes (SC) and Scheduled Tribes (ST) in Jammu & Kashmir.

The bills passed were the Jammu and Kashmir Local Bodies Laws (Amendment) Bill, 2024, the Constitution (Scheduled Castes) Order (Amendment) Bill, 2024, and the Constitution (Jammu and Kashmir) Scheduled Tribes Order (Amendment) Bill, 2024. All three bills were cleared by the Lok Sabha on Tuesday, and were tabled and passed by voice vote in the Rajya Sabha.

The Jammu and Kashmir Local Bodies Laws (Amendment) Bill, 2024, aims to provide reservations to OBCs in panchayats and municipalities in Jammu & Kashmir, aligning with the provisions of the Constitution. Currently, there is no provision for OBC reservations in panchayats and municipalities of the Union territory.

Minister of State for Home Affairs, Nityananda Rai, highlighted three main amendments to the bill. Firstly, it ensures reservation for OBCs in panchayats and municipal bodies in Jammu & Kashmir. Secondly, it designates the state election commission to conduct elections for panchayats and municipalities. Thirdly, it establishes a removal process for the state election commissioner in line with constitutional provisions.

Rai emphasized the government’s efforts for the welfare of OBCs in Jammu & Kashmir, citing this amendment as another step in that direction. He praised Prime Minister Narendra Modi for addressing the rights and justice of OBCs and outlined development initiatives post the removal of Article 370, noting the region’s progress towards peace and development.

The Constitution (Scheduled Castes) Order (Amendment) Bill, 2024, seeks to amend the Constitution (Jammu and Kashmir) Scheduled Castes Order of 1956, adding the Valmiki community to the list of Scheduled Castes in Jammu & Kashmir.

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Minister for Social Justice and Empowerment, Virendra Kumar, emphasized the benefits these communities would receive from various schemes with the passing of the legislation.

The Constitution (Jammu and Kashmir) Scheduled Tribes Order (Amendment) Bill, 2024, aims to amend the Constitution (Jammu and Kashmir) Scheduled Tribes Order, 1989, proposing separate lists of Scheduled Tribes for the Union territories of Jammu & Kashmir and Ladakh. The bill also includes several communities, such as Gadda Brahmin, Koli, Paddari Tribe, and Pahari Ethnic Group, in the list of Scheduled Tribes in Jammu & Kashmir.

Minister of Tribal Affairs, Arjun Munda, asserted that the legislation addresses long-standing demands for Scheduled Tribe status, enabled by the abrogation of Article 370.

However, the inclusion of the Pahari Ethnic Group in the Scheduled Tribe list drew criticism from the Gujjar and Bakarwal communities in Jammu, who fear it would impact their existing reservations. Despite assurances from Munda regarding the maintenance of existing reservations, concerns remain.

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Opposition members raised various concerns regarding the legislation. Congress’s Neeraj Dangi questioned the formulation of reservation policies without adequate data on reserved categories, while CPI’s Santosh Kumar P stressed the need for an elected state assembly in Jammu & Kashmir and questioned the basis for OBC reservation, citing data availability concerns.