‘J&K ordinance cleared by Union Cabinet doesn’t tinker with 35A or 370’

‘J&K ordinance cleared by Union Cabinet doesn’t tinker with 35A or 370’

1. The Union Cabinet has approved the Jammu and Kashmir Reservation (Amendment) Ordinance, 2019. It provides for amendments in the Jammu and Kashmir Reservation Act, 2004.
2. The J&K Reservation Act, 2004 and the 2005 Rules provide for vertical reservation in direct recruitment, promotions and admission in different professional courses to various categories viz. a) Scheduled Castes, b) Scheduled Tribes, c) Socially and Educationally Backward Classes (Residents of Backward Area, d) Residents of Areas adjoining Actual LoC and e) Weak and Under Privileged Classes (Social Castes). It also provides horizontal reservation to the ex-serviceman and physically challenged Persons.
3. The ordinance extends reservation in jobs, promotions and education to people living 10 km from the International Border (IB) in Jammu. Earlier the benefits were only reserved for people living 10 km beyond the Line of Control (LoC) and affected by shelling and firing from across the border.
4. The J&K Governor has opined that the ordinance does not tamper Article 35A or Article 370. Article 35A of the constitution empowers J&K legislature to define state’s “permanent residents” and their special rights.
5. Article 370 of the Indian Constitution is a ‘temporary provision” which grants special autonomous status to Jammu & Kashmir. Under Part XXI of the Constitution of India, which deals with “Temporary, Transitional and Special provisions”, the state of Jammu & Kashmir has been accorded special status under Article 370.