Excelsior Correspondent
JAMMU, Aug 1: In a major lapse on part of the Law and Parliamentary Affairs Ministry, political reservations for Scheduled Castes (SCs) have lapsed in Jammu and Kashmir for past two and a half years and a bill introduced for their extension for next 10 years in budget session of the Legislature was passed in such a casual manner that it deemed to have failed and was required to be passed again in next session of the Legislative Council in September-October this year.
Though there was no possibility of mid-term Assembly elections in the State but if at all the elections were held now, there would be no reservations for SCs in the State.
Seven Assembly seats in the State, all in Jammu region, have been reserved for SCs in the Assembly elections.
Official sources confirmed to the Excelsior that at present political reservations for the SCs in the Assembly have lapsed in the absence of their extension for next 10 years beyond January 26, 2010.
They said the Law and Parliamentary Affairs Ministry had introduced a bill for extension of reservations for the SCs in the Legislative Assembly. Since it was a Constitutional amendment bill, it required two-third majority in both Houses of Legislature for approval.
The bill was passed in the Assembly on last day of the budget session on April 4. The Legislative Council took it up in the afternoon the same day when National Conference MLC MY Taing, Deputy Chairman of the Council, was on the chair. The bill was “passed’’ without two-third majority.
Sources said the error was realized next day when Council Chairman Amrit Malhotra and senior staff found that the legislation was a Constitutional amendment bill and required two-third majority for passage. However, the Elders had passed the bill with simple majority.
It was later announced that the bill would be treated as “not passed’’.
Sources said the bill now would be passed in the Council during autumn session of the Legislature in September-October with two-third majority and only then it would become a legislation. After approval by the Governor to the bill, the political reservations for the SCs would be extended for 10 years.
There were seven Assembly seats reserved for SCs in the State, all falling in Jammu region. The seats included Chhamb, Domana and RS Pura in Jammu district, Chenani in Udhampur district, Hiranagar in Kathua district, Ramban and Samba.
Three reserved seats were held by BJP rebels (Domana, RS Pura and Hiranagar) while three others were represented in the Assembly by the Congress (Chhamb, Chenani and Ramban). The National Panthers Party held Samba seat.
Political reservations were extended after every 10 years in Parliament, which automatically applied to all State Assemblies, excepting Jammu and Kashmir in view of Article 370 of the Constitution. The State Legislature had to pass its own legislation to extend the reservations.
According to sources, though Assembly elections in the State were due in December 2014, the lapse of political reservations for the SCs showed casual approach of the Law and Parliamentary Affairs Ministry. Yet another casual approach was seen in the Legislative Council, which passed the Constitutional amendment bill with simple majority, further delaying passage of the bill, which was taken up for consideration and passing on last day along with a host of other bills.
Deputy Chief Minister Tara Chand, Krishan Lal Bhagat and Ashok Kumar represented Congress in the Assembly from reserved seats of Chhamb, Chenani and Ramban respectively. Three BJP rebels Bharat Bushan, Prof Gharu Ram and Durga Dass have also won from reserved seats of Domana, RS Pura and Hiranagar respectively. NPP MLA Yashpal Kundal comes from another reserved seat of Samba.
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