J&K: Bill Seeking Rationalisation in Reservation Likely in Budget Session
A significant bill proposing the rationalisation of the reservation system in Jammu & Kashmir is expected to be tabled in the upcoming budget session of the J&K Legislative Assembly. This move is reportedly in response to growing demands from general category candidates for a more balanced approach to reservation in education and public employment.
Background
The bill is presumed to be based on a draft bill recently released by the Open Merit Students Association (OMSA). The draft proposes amendments to the J&K Reservation Rules, 2005, emphasizing the need to:
Ensure reservation benefits reach the most marginalized and deserving sections.
Prevent misuse or overrepresentation of specific groups.
Align J&K’s reservation policy with national standards while addressing local concerns.
Legislative Developments
The J&K Legislative Assembly’s budget session is scheduled to commence on March 3, 2025. Among over 30 Private Members’ Bills, the proposed bill is expected to be presented by National Conference legislator Dr. B A Veeri. As per media reports, Veeri has stated that the bill aims to cap reservation quotas at 40%, ensuring a balance between social justice and merit.
Key Arguments for the Amendment
Declining Open Merit Threshold:
The proportion of open merit seats has declined significantly from 78% in 2004 to much lower levels, thereby reducing opportunities for the general unreserved category.
Lack of Periodic Review:
The absence of a systematic review mechanism has led to stagnation and inequitable distribution of reservation benefits.
Meritocracy and Constitutional Alignment:
The proposed amendment seeks to establish a transparent and constitutional framework that upholds meritocracy in J&K.
It aligns with the constitutional principle that reservation should be an exception rather than a rule.
Legislative Competence:
The bill falls within the legislative competence of the J&K Assembly under List II (State List) and List III (Concurrent List) of the Seventh Schedule of the Constitution of India, ensuring it does not override any central legislation.
Legislative Calendar and Procedures
As per the provisional calendar of the J&K Legislature:
Private Members’ Bills are scheduled to be taken up on April 8, following a recess from March 26 to April 6.
Private Members’ resolutions will be addressed on April 7 and 9.
The session is set to conclude on April 11.
DOWNLOAD RESERVATION BILL PDF
Challenges and Constraints
Despite the importance of the proposed bill, public discussions have been limited. Speaker A R Rather has reiterated Rule 368 of the Rules of Procedure and Conduct of Business in the J&K Legislative Assembly and Rule 334-A of the Lok Sabha’s procedures, emphasizing that premature publicity of legislative matters is improper. This has led to restricted deliberations in the public domain.
Conclusion
The upcoming budget session of the J&K Legislative Assembly is set to witness a crucial debate on the rationalisation of reservation policies. If the bill is successfully tabled and debated, it could pave the way for a restructured and merit-driven reservation system in J&K. However, the exact details and acceptance of the bill will only be clear once the session commences and discussions unfold.