The National Conference government in Jammu and Kashmir has found itself in a soup over the Union Territory’s reservation policy. Earlier this month, the government supported the amended policy in court, despite promising to revisit it ahead of the elections. Since then, it has faced sharp backlash, with its Social Welfare Minister Sakina Itoo calling the court affidavit “gol mol (vague).”
Before this, the NC government had set up a three-member cabinet sub-committee to examine the reservation policy, which was amended under the L-G’s rule. It own Parliament member, Aga Ruhullah Mehdi, had joined those protesting against the policy.
The Opposition has now accused it of “doublespeak” and termed the sub-committee a “facade to mislead people.”
What is the amended policy, and why has it riled up some sections?
What is the reservation policy of Jammu and Kashmir?
The reservation policy in Jammu and Kashmir for jobs and educational institutes is governed by the J-K Reservation Act 2004.
Under this, in jobs, 10% seats were reserved for Scheduled Tribes (ST), 8% for Schedule Castes (SC), and 20% for residents of backwards areas (RBA). It also reserved 3% seats for people living on the Line of Actual Control (LAC) and 2% for weak and unprivileged groups, thus adding up to 43%. In addition to this, the Act gave horizontal reservation of 6% for ex-servicemen and 3% for the physically challenged people.
In educational institutes, 20% of the seats were reserved for RBAs, 8% for SC candidates, 6% for STs, 4% for the residents of Ladakh (then part of Jammu and Kashmir state) and 1% for other Scheduled Tribe groups. The Act further reserved 2% seats for the Weak and Underprivileged classes and 3% for the residents of areas adjoining Line of Actual Control. A further 3% seats were for the children of defence personnel, 1% for the children of paramilitary and police personnel and 2% for outstanding sportspersons who are residents of Jammu and Kashmir, totalling 50%.
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Rule 15 of the Act dealt with distribution of seats for postgraduate courses. Here, 65% seats were for the general category candidates, and 35% for reserved categories (4% for SC, 5% for ST, 10% for RBA, 2% for Residents of areas adjoining LAC, 1% for Weak and Under privileged classes, 2% for children of of defence, paramilitary or police personnel and 1% for outstanding sportspersons). This was tweaked in 2018 by the Mehbooba Mufti-led government, increasing the general category seats to 75%.
What changes were made under the L-G?
On March 15, last year, the Lieutenant Governor administration amended the Jammu and Kashmir Reservation Act, 2004. Reservation was enhanced from 43% to 70% in government jobs. The jump was because L-G Sinha decided to give Special Tribe (ST) status to the Pahari community.
ST categorisation for the Paharis had always been opposed by the Gujjar and Bakerwal communities, which hold the status. To not annoy the Gujjars, the administration announced increasing the ST quota from 10% to 20%.
The new policy met with protests, with critics saying this was done with an eye on the upcoming Assembly polls, to benefit the BJP.
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For education, the new amendment in Rule 13 kept 50% seats for reserved categories (SC 8%, ST 20%, OBC 8%, ALC 4% and RBA 10%). In addition, 10% seats were reserved for the Economically Weaker Sections (People with Disability 4%, Children of Defence personnel 3%, children of paramilitary force personnel 1% and 2% for outstanding sportspersons), thus leaving only 40% seats for the general category.
Similarly, under Rule 15 for admission to postgraduate courses, 45% seats were left for the general category.
On what grounds has the policy been opposed?
General candidates said the government is flouting Supreme Court guidelines setting a 50% ceiling for quotas. They also argued that reservation should be a one-time benefit and should not carry forward in job promotions or post-graduate courses, and should be offered in proportion to the population make-up of the UT.
Several petitions have been filed in the J&K High Court challenging the changes.
What has the NC government done?
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Three months after it set up a sub-committee to examine the contentious policy, the J&K government asked the High Court to dismiss a petition challenging it, and did not mention the sub-committee in its affidavit. Following an uproar, it filed an additional affidavit informing the court about the committee.
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