Sunaina Mir
Nobody can deny this certitude that reservation has been an inseparable part of Indian Constitution since B.R Ambedkar drafted Indian Constitution in 1950. The act of reservation was incorporated with an aim to uplift most disadvantageous sections of Indian society. No doubt reservation to SCs, STs, OBCs has ameliorate their life standards to a large extent. Governments from time to time keep on appending more ethnic groups to get benefits under reservation, something similar has happened in union territory of Jammu and Kashmir during the year 2023. When our Governor Manoj Sinha has given acquiescence to the amendment made in Reservation Act 2005 of Jammu and Kashmir. This amendment has opened new doors of education, employment and life with dignity and identity for a Marginalized Pahari community by its inclusion under the umbrella of ST. This amendment has not only given a pragmatic shape to the dreams of POJK refugees but has also given 10? reservation quota to Economically weaker section (EWS).
But, for the last one month, we have been hearing voices averse to this amendment made in Jammu Kashmir reservation act 2005. Member Parliament from Srinagar Lok Sabha Constituency, Aga Ruhullah Mehdi even raised this issue in Indian Parliament asserting that, this amendment has crossed the reservation cap of 50? . But, I am apologetic to say this allegation is far away from facts. Following points will prove my statement.
(1) If , we analyze the pre and post amendment list of division of percentage of reservation in Jammu and Kashmir, we come to a conclusion that SCs are sharing the same 8 ? of reservation, now we move to ST share, which is raised by 10? incorporating most deserving Pahari ethnic group under ST umbrella because Pahari tribe is one of the most ancient tribes of India. As per Indian Constitution, it is the prime duty of central Government to preserve the cultural heritage of ancient tribes of India, in order to preserve Indian diversity. So 10? ST reservation to Pahari Qabila wholly solely comes under the ambit of Constitution of India.
(2) Now we move to the other categories like OBC ALC and RBA, these three categories shared total of 25? of reservation perior amendment but now their percentage is reduced up to 22? of reservation.
(3) Now come to 10? of EWS reservation which has become bone of contention. To your revelation this 10? quota is a reservation to the students coming from general category as per 103rd Constitution amendment Act 2019 added articles 15(6) and 16(6) to the constitution of India . This 10? quota of reservation is not applicable to students belonging to ST, SC, OBC and RBA
(4) After this there come the 6? quota of ex service men and 4? quota for specially-abled students , these two reservations run parallel to reservation.
(5) By adding 8? of SC, 20? of ST 22? of OBC, ALC and RBA it reaches up to 50? thus not crossing the reservation cap of 50?. It is pertinent to mention here that we are excluding 10? EWS quota because it is only for students coming from general category and 6 and 4? of reservation to children of ex service men and specially-abled students respectively because these two run parallel to reservation.
In the conclusion, I just want to say Courts of Jammu and Kashmir are already overburdened with innumerable unsolved cases, please do not burden them by more unsubstantial cases.