Nishikant Khajuria
JAMMU, Apr 26: The State Government is learnt to have submitted its replies in response to the clarifications sought Governor N N Vohra on the two significant legislations envisaging reservation to Pahari Speaking People and poor among the general categories in Jammu and Kashmir.
Official sources told the Excelsior that the Department of Law, in conformity with the Social Welfare Department, has separately submitted the State Government’s response on the queries raised by the Raj Bhawan on both the Bills, which were passed by the Legislature in the last Budget Session and have been awaiting final nod of the Governor.
In its detailed and para-wise replies submitted to the Governor’s Secretariat, sources added that the Law Department has quoted the findings of the different panels on socio economic condition of the Pahari Speaking People and economically weaker classes among the general categories.
Further, sources said, it has also been clarified in the replies that reservation to the Pahari Speaking People and economically weaker among general categories is being extended by amending Jammu and Kashmir Reservation Act of the State Constitution.
It may be recalled that Governor N N Vohra had sought clarification on veracity of the claims and the Constitutional provision to substantiate the State Government’s move on extending reservation benefits to the Paharis and poor among unreserved categories in Jammu and Kashmir.
In its communication vide No GS-28(Assent-Bill 018/18E, dated 28-03, 2018, to the Secretary, Department of Law, Justice & Parliamentary Affairs, the Governor’s Secretariat had sought to know whether an attempt has ever been made to collect data regarding the actual number of families and the conditions/criteria to be taken into account for assessing economic backwardness of the beneficiaries (poor among general categories), which is proposed to be remedied by the provisions of the Bill. Asking the Government to furnish copy of such report, the Governor had also asked whether any detailed study has been carried out to justify the requirement, if any, for the proposed legislation, especially in view of the fact that almost all socially and economically backward sections and backward areas of society in the State have been covered under the existing Reservation Policy. The Governor had also sought to know the legal basis of the proposed legislation when there is no provision in the Jammu and Kashmir Constitution to support such enactment.
In its reply to the Governor’s queries, sources said that the Law Department has quoted the recommendations of the committee constituted to examine the inclusion of poor classes of the general category under J&K Reservation Rules.
The committee, headed by Jeet Lal Gupta, Chairman of State Commission for Backward Classes, J&K and comprising G N Bodha, Gh Haider Badhana, M L Pakchiwal and representative from Social Welfare Department as Members and Secretary State Backward Classes Commission as the Members Secretary, has observed that about 36 percent population of the State (45 lakh people) is not covered under any reservation at present and approximately 10 percent of this is supposed to be targeted under the proposed reservation. The report further says that as per the census 2011, approximately 64 percent of the State population is covered under the benefit of reservation under various categories. These include SCs ( 8 percent), STs (10 percent), Social Caste (2 percent), Residence of area ALC (3 percent) and RBA (20 percent). Observing that already 46 percent reservation has been fixed to various categories and the remaining four percent is available as of now, the Committee had recommended that the percentage of reservation for RBA should be restricted to 15 percent instead of existing 20 percent and utilize the percentage so saved for the economically poor classes. While fixing the quota for various categories, the committee said that due consideration has been given to their population, economic status and employment in the Government.
Sources said that these observations of the committee have been mentioned in the reply submitted to the Raj Bhawan in respect of the queries raised in its communication No GS-28(Assent-Bill 018/18E, dated 28-03, 2018, with regard to the Bill for reservation to economically backward among general category.
Similarly, sources added, with regard to the Bill on reservation for Pahari Speaking People and the communication from Governor’s Secretary, vide No. GS-61 (JK-Amend) 2018/1349, dated 28-02-2018, the Law Department has submitted a separate point-wise reply on the objections raised by an organization in its memorandum submitted to the Raj Bhawan.
Quoting a memorandum, submitted by Jammu and Kashmir Reserved Classes Union, the Governor’s Secretariat had listed seven objections against declaring Pahari Speaking people as Reserved Category and sought comments of the State Government in respect of the each objection.
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