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Polity & Governance
Mahesh

12/02/24 07:44 AM IST

Parliament passes the Constitution (Jammu and Kashmir) Scheduled Tribes Order (Amendment) Bill 2024

In News
  • The Constitution (Jammu and Kashmir) Scheduled Tribes Order (Amendment) Bill, 2024 was passed by the Parliament, to include ‘Pahari Ethnic Group, Paddari Tribe, Koli and Gadda Brahmin’ communities in the list of STs of UT of Jammu and Kashmir.
Jammu and Kashmir) Scheduled Tribes Order (Amendment) Bill 2024
  • The bill particularly focuses on including four ethnic groups in the list of Scheduled Tribes (STs) in Jammu and Kashmir.
  • The ethnic groups are Gadda Brahmin, Koli, Paddari Tribe, and Pahari Ethnic Group”.
  • By extending Scheduled Tribe status to these communities, the bill intends to ensure their socio-economic and political empowerment.
Significance
  • The bill ensures that the reservations for these existing communities such as Gujjars and Bakarwals remain unaffected while providing new reservations for the newly listed STs.
  • Gujjars and Bakarwals are nomadic — they migrate with their livestock to the higher reaches in the summer, and return before the onset of winter.
  • The bill is seen as a significant step towards inclusive development in Jammu and Kashmir, aligning with the government's commitment to the holistic development of all sections and communities under the "Sabka Sath, Sabka Vishwas" (Together with All, Trust of All) mantra.
Status of Paharis
  • The Paharis got 4% reservation in jobs and educational institutions in 2019.
  • Also in 2019, the Justice (retd) G D Sharma Commission was appointed to identify groups that were socially, educationally, and economically backward.
  • The Commission in its report recommended ST status for Gadda Brahmins, Kolis, Paddari Tribe, and Pahari Ethnic Group.
Features of the bill
  • The bill aims to amend certain provisions of the J&K Panchayati Raj Act, 1989, the J&K Municipal Act, 2000, and the J&K Municipal Corporation Act, 2000 to provide reservation to OBCs in Local Bodies (panchayats and municipalities) in the Union Territory of Jammu and Kashmir.
  • The proposed amendments seek to bring consistency in the laws with the provisions of the Constitution, particularly Part IX and Part IXA, which relate to Panchayats and Municipalities.
  • This includes providing reservation for backward classes of citizens in Panchayats and Municipalities, as empowered by Clause (6) of Articles 243D and 243T of the Constitution.
  • The bill addresses inconsistencies regarding the superintendence, direction, and control of the preparation of electoral rolls and the conduct of elections to Panchayats and Municipalities.
  • It ensures that the provisions regarding the State Election Commission are in line with the Constitution, specifically Articles 243K and 243ZA.
  • The bill seeks to rectify the variance between the provisions of the J&K Panchayati Raj Act, 1989, and the Constitution concerning the removal of the State Election Commissioner.
  • It aims to align the removal process with the constitutional provisions, ensuring that the State Election Commissioner can only be removed under circumstances similar to those of a Judge of a High Court.
Source- PIB

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