J&K Reorganization (Amendment) Bill, 2021 passed by the parliament

KEY TAKEAWAYS

Lok Sabha on Saturday passed the Jammu & Kashmir Reorganisation (Amendment) Bill, 2021 on Saturday by a voice vote. The bill was passed by Rajya Sabha on February 8, 2021, to replace the ordinance to merge Jammu & Kashmir cadre of civil services officers with Arunachal Pradesh, Goa, Mizoram Union Territory (AGMUT) cadre. Additionally, all future allotments of All India Services Officers for the UT of J&K and Ladakh shall be made to Arunachal Pradesh, Goa, Mizoram and UT cadre.

FURTHER DETAILS

Minister of State for Home Affairs G. Kishan Reddy stated the government was taking measures for Jammu & Kashmir on the path to development. About 170 central laws are being implemented in the state after the abrogation of Article 370 of the Constitution, stripping it of its special status, attempting to implement various development projects and schemes in the region. The bill seeks to amend Section 88 of the J&K Reorganisation Act, 2019, seeking to continue the members of J&K cadre function in the existing cadres in the new UTs.

Congress leader Adhir Rajan Chowdhury, opposing the bill, suggested that in case the government feels that there is a deficiency in the J&K cadre, officers should be appointed from the local population. As a response, BJP MP from J&K, Jamyang Tsering Namgyal saud that currently, there lies a deficiency of 56.9% in IAS, 55.1% in IPS and 48.11% of IFS officers in the area. He emphasised on how, through his bill, J&K officers will get a chance to work within or outside the state, thus providing them with more exposure and encouraging ‘national integration’.

The members also opposed to the bill stating it asserts the UT structure by merging the cadres, and asked the government about its plan to restore the status of ‘state’ to the region. Chowdhury further insisted on how J&K is a sensitive region and hence it is essential the cadre is comprised of local population to gain trust, observing how militancy is still prevalent in the region and people are living in fear. He further alleged that the introduction of the bill through an ordinance displays that the government repealed the region of its special status unprepared. He added that people posted J&K from outside states would not be aware about the region’s language and culture. The opposition said the government tried to turn J&K into a large prison, and blocked their telecommunication services in addition to the chaos due to unemployment, restriction and loss of avenues, thus failing to normalise the situation there. He also pointed out that the government had failed to fulfil their promise to bring back Kashmiri Pandits to the valley.

Hasnain Masoodi (J&K NC), speaking against the bill, stated that it is almost like an assault on the people of Jammu & Kashmir, questioning the objective of the bill, stating that officers should ‘have connect with ground realities.’ He pointed out that as long as the J&K Reorganisation Act, 2019 is under scrutiny of the Supreme Court, the legislature should not add amendments and consequential legislations. He added that the government should make arrangements to return the state back to its position prior to August 5, 2019. As a response, Home Minister Amit Shah stated that the Supreme Court has not stayed the implementation of the 2019 Act, thus not binding the government from taking measures for the development of the UT. He also assured to confer statehood to the region in appropriate time and the instant Bill is not in relation with the same.

Prof. Sougata Ray of All India Trinamool Congress stated that as per previous norms, 50:50 ration is required for recruitment of locals in All India Services. Implementing this bill would deduct this ratio to 33:67. This may impede the already slow, negligible career progression of Kashmir Administrative Service & Kashmir Police Service Officers.

Bhartruhari Mahtab of Biju Janta Dal, supporting the bill, also questioned the government about the logic of calling an ordinance on January 7, 2021, just a few days before the commencement of the Parliament Session. He further insisted that the government should ensure that the person posted in the state are deputed for a considerable amount of time to build a rapport with the district/taluk officers.

The Home Minister in response gave an account of the developmental activities taken by the Government of India following the abrogation of Article 370 such as reinstitution and empowerment of Panchayati Raj system, peaceful DDC elections, allocation of Rs. 1,500 crores to Panchayat institutions, introduction of Railway by 2022, and so forth.

CONCLUSION

The bill, passed by the Parliament, will now be presented before the President for his assent.

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