Bill to give Jammu & Kashmir Pandits nominated seats likely this session

A bill to grant representation to Kashmiri Pandits in the Jammu & Kashmir assembly and another one to bestow Scheduled Tribe status to Pahari, Padri, Koli and Gada Brahmin communities in the Union Territory, and Scheduled Caste status to Valmikis, are likely to be introduced in the current session of Parliament.

Ministries of law, home, tribal affairs and social justice and the J&K administration are in the midst of final deliberations for piloting the bills this session. The representation for Pandits is likely to be given by amending the Jammu & Kashmir Reorganisation Act, 2019. The bill to give communities ST/SC status will be moved by the tribal affairs ministry, officials told ET. "States can now grant Other Backward Caste status, but for SC/ST, a legislation will have to be presented before Parliament," a senior government official said.

The legislation comes after recommendations to the effect by the delimitation commission and the interim report of Justice GD Sharma Committee on Socially and Educationally Backward Classes. The bills, incidentally, also come after several government employees from the Pandit community fled the Kashmir valley following targeted killings by militants, despite government assurances of protection.


They also come ahead of J&K assembly elections, which could be held in the first half of 2023. J&K has been without an elected government since BJP withdrew support to coalition partner PDP in June 2018. The state was brought under President's rule in December 2018 and split into two UTs in 2019.

EC officials said if the law and order situation holds up after winter assembly polls to the UT would be held. The Election Commission has wrapped up most processes necessary for holding polls, from revision of electoral rolls to rationalisation of polling stations as per the delimitation panel's report.

The delimitation panel had recommended reservation for at least two members (including a woman) from the Kashmiri Pandits in the assembly and such members may be given voting rights as bestowed on nominated members of the Puducherry assembly, another UT. 'Persecution of Kashmiri Pandits over three decades and the need to help them preserve their political rights' were cited as reasons for the nominated seats. The Centre nominates 3 MLAs to the Puducherry assembly, while 30 are elected. The rights of nominated MLAs in Puducherry were upheld by the Madras HC.

The panel had also recommended that the Centre consider nomination of people displaced from Pakistan occupied Kashmir to the assembly. However, the Centre is yet to decide on the recommendation. ST status to Pahari and other communities were made in the interim report of the Sharma commission submitted in October. Gujjars and Bakerwals, wary that it will eat into their quota, have opposed the idea. However, home minister Amit Shah had said during his recent visit to the UT that their quota will not be diluted. After the bifurcation, the J&K Reorganisation Act has allocated 114 seats for the UT assembly. Delimitation has seen reservation of 9 assembly seats for STs, for the first time. Six of the reserved assembly seats will be in Jammu and three in Kashmir. SCs already have reservation in the J&K assembly.