The National Conference and the PDP stated they disagree with the manner reservations are set for Kashmiri migrants and displaced persons from Pakistan-occupied Kashmir (PoK), but they have no issue with providing them representation in the legislative assembly.
They argued that the elected administration, not the Lieutenant Governor, should have the authority to propose candidates for the reserved seats in the parliament.
The Jammu and Kashmir Reorganization Act will be amended by a bill the Center plans to propose in Parliament, reserving two seats in the legislative assembly of the Union Territory for Kashmiri migrants and one seat for PoK displaced persons.
“Giving reservations to underrepresented populations is not an issue for us. Seats in the upper house were set aside for Paharis, Gujjars, Kashmiri Pandits, and any other group in order to ensure that all of these communities would be represented. However, it was also abolished by this reorganization legislation, according to NC spokeswoman Tanvir Sadiq.
The Lieutenant Governor is a nominated individual and does not have the authority to nominate people to the assembly, he said, which is the second problem.
It is untenable in a democracy for the LG, a Delhi nominee, to propose candidates for two seats. Even in the past, when there were two women nominated for seats, it was done with the elected government’s consent, according to Sadiq.
He said that the BJP was attempting to “hide its sins”.
“They realized their chances in the next elections were poor. They believe that the LG will aid them by nominating four to five seats. But I believe that when elections are held, people will punish them for what they did, he said.
The concerns in the proposed form, according to PDP spokesperson Mohit Bhan, would further exacerbate the hostility between the two groups.
“As far as the Kashmiri Pandit reserve is concerned, they have been forced to go, and there is suspicion and a general feeling of unease among the groups. There was a need for a more comprehensive political strategy to deal with this.
“Earlier in the assembly, there was a nomination. However, in this case, the LG is empowered to propose candidates. It would have been preferable if certain seats had been set aside and the representative had been chosen from among them. It would expand the space available for the repatriation and rehabilitation of Kashmiri Pandits and close the gap left by the preceding 35 years, according to Bhan.
Because no one knows who they are going to nominate, he said that this is more of a move toward “disempowerment” than empowerment.
“We have seen how the LG functions in different UTs. Every day there is a fight in Delhi, he said.
“Mufti Mohammad Sayeed won his first election from R S Pura, and other leaders from Muslim-majority districts, such P L Handoo and M L Fotedar, were also elected. There was more room for everyone as a result. According to Bhan, this nomination process won’t do anything to bridge the trust gap; rather, it will widen it.
The Jammu and Kashmir Reorganization Act modification, according to Sadiq and Bhan, was not in accordance with the spirit of the nation’s Constitution.
The reorganization legislation is now under court review, so making such modifications in a huff would be equivalent to tampering with the Constitution, according to Bhan.
“While this reorganization legislation is being contested in the Supreme Court, everything is being done quickly. I don’t understand why you need to decide so quickly on this. While I agree that this is fine and should be welcomed, I find it unacceptable that the LG is proposing these seats, Sadiq said.
