A bill aimed at seeking rationalisation of reservation in J&K, in consonance with demands of general category candidates, is likely to be among over 30 Private Members’ Bills admitted for tabling in the ensuing maiden budget session of J&K Legislative Assembly, according to a report published in Greater Kashmir.
The session is commencing from March 3, 2025.
The bill is likely to be presented by NC legislator Dr B A Veeri, who, as quoted by certain media outlets, has stated that the aim of the bill will be to “cap reservation quotas at 40 percent for reserved category candidates, balancing social justice and merit.”
It is presumed that the bill will be based on a draft bill recently issued and shared with media by the Open Merit Students Association (OMSA), seeking amendment in J&K Reservation Rules, 2005.
The draft bill had specified that the purpose of seeking amendments is to ensure that reservation benefits reach the most marginalized and deserving sections of society; prevent misuse or overrepresentation of certain groups at the cost of others and bring Jammu & Kashmir’s reservation policy in alignment with national standards while addressing local concerns.
It was claimed that the “current reservation status with systemic revisions to J&K Reservation Act from 2004 onwards diminishing the threshold of open merit from 78 percent in 2004 to well below subpar levels in Jammu & Kashmir led to grossly unequal access to opportunities for the General Unreserved category population in both the Jammu and Kashmir regions, which forms the overwhelming majority of the demographic composition.”
Yet another reason specified in the draft bill was that there was “no mechanism to ensure periodic review, leading to stagnation and unfair distribution of benefits with excess reservation undermining the representation of General Category in both jobs and admissions.”
Thus objective, as per OMSA, was to “lay foundations of a meritocratic J&K in line with vision of founding fathers of the country as well as the constitutional maxim of merit being the rule and reservation only the exception and not vice-versa as seen presently and to establish an equitable, transparent, and constitutional framework for reservations in education and public employment which will then translate into the balance of representation at every institution in J&K.”
It was stressed that the draft bill was within the legislative competence of the Jammu and Kashmir Legislative Assembly under List II (State List) and List III (Concurrent List) of the Seventh Schedule of the Constitution of India and it did not seek to override any central legislation.
As per the provisional calendar issued by J&K Legislature, the Private Members’ Bills will be taken up on March 8, a day after the House meets on April 2 following a 12-day long recess i.e., from March 26 to April 6, 2025.
Private Members’ resolutions will be taken on April 7 and 9.
The session will culminate on April 11.
The exact status of the proposed bill based on the OMSA draft bill will be clear only once the session commences and it (the bill) is taken up.
Yet so far deliberations on the proposed bill, which may be there on the designated day, are not picking up in the public domain due to the strictures reiterated by the Speaker J&K Legislative Assembly, A R Rather in the past couple of days, the latest being during his interaction with media on February 25, 2025.
In this context, Rather had quoted Rule 368 of the Rules of Procedure and Conduct of Business in the J&K Legislative Assembly; Rule 334-A of the Rules of Procedure and Conduct of Business in Lok Sabha and commentaries on practice and procedure of Parliament by renowned authorities.
He (Speaker) had maintained that it would be an impropriety and breach of Rules and conventions if premature publicity “is given to the notices of questions, adjournment motions, resolutions, answers to questions and other related business of the House until they are admitted by the Speaker and circulated to members.”
