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Published on Mar 25, 2019
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All India Radio (AIR) IAS UPSC - Constitutional Amendment order to Benefit weaker sections in Jammu & Kashmir

Constitutional Amendment order to Benefit weaker sections in Jammu & Kashmir

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TOPIC: General Studies 2

  • Social Justice
  • Welfare schemes for vulnerable sections of the population by the Centre and States and the performance of these schemes; mechanisms, laws, institutions and Bodies constituted for the protection and betterment of these vulnerable sections.

In News:

The Union Cabinet, chaired by the Prime Minister Narendra Modi has approved the proposal of Jammu &Kashmir Government regarding amendment to the Constitution (Application to Jammu & Kashmir) order, 1954 by way of the Constitution (Application to Jammu & Kashmir) Amendment Order, 2019.

It will serve the purpose of application of relevant provisions of the Constitution of India, as amended through the Constitution (Seventy Seventh Amendment) Act, 1995 and Constitution (One Hundred arid third Amendment) Act, 2019 for Jammu and Kashmir, by issuing the Constitution (Application to Jammu and Kashmir) Amendment Order, 2019 by the President under clause (1) of Article 370.

The Centre also announced an ordinance will be promulgated to bring people residing in areas adjoining the international border within the ambit of reservation on a par with those living in areas adjoining the Actual Line of Control, in a move aimed at reaching out to the Jammu region. The Union home ministry said there had been no change in respect of Article 370 or 35A.

Background

People living near the International Border have been brought at par with those living near the Line of Control for reservation in State Government jobs by amending the Jammu and Kashmir Reservation Act, 2004 through an Ordinance. Earlier, the provision of 3% reservation was available only for youth living within 6 kms. of LoC in J&K. This has been a long-pending demand of the population living near the international border, as they have been facing the brunt of cross border firing in J&K.

Impact – Equity & Inclusiveness

Beneficial for:

People living along the International Border: Due to cross border tensions, people living alongside International Border suffer from socio-economic and educational backwardness. Shelling from across the border often compels these residents to move to safer places and is adversely impacting their education as schools Educational Institutions remain closed for long periods

Economically weaker sections: By the census, the economically weaker sections constitute 12.5 lakh of the 1.25 crore population in J&K.

Benefits:

  • Promotion in service to the Scheduled Castes, the Schedule Tribes
  • Reservation of up to 10% in educational institutions and public employment in addition to the existing reservation in Jammu and Kashmir.

Note: It may be recalled that 10% reservation to economically weaker sections was introduced in rest of the country through the 103rd Constitution Amendment in January 2019.