Jammu & Kashmir Reorganisation (Amendment) Bill, 2021 Passed By Parliament

The Bill amends the J&K Reorganisation Act, 2019 that bifurcated the former State into Union Territories of J&K and Ladakh.

It seeks to merge the existing cadre for India Services Officers of J&K with those of Arunachal Pradesh, Goa, Mizoram, and Union Territory (AGMUT) cadre. This shall enable the Government to depute IAS, IPS officers etc. from other Union Territories to the UT of J&K. It is already in force as an Ordinance.

Minister of State for Home, G. Kishan Reddy- holistic development

As per the Statement of objects and reasons annexed to the Bill,

"There is a huge deficiency of the officers of All India Services in the Union Territory of Jammu and Kashmir. The developmental schemes, centrally sponsored schemes and other allied activities suffer due to non-availability of All India Officers in the existing cadres of the Jammu and Kashmir as such there is a requirement of merging it with Arunachal Pradesh, Goa, Mizoram, Union territories cadre so that the officers in this cadre can be posted in the Union territory of Jammu and Kashmir to meet out any deficiency to some extent."

Salient Features

The Bill seeks to amend Section 88 of the J&K Reorganisation Act, 2019.

This provision prescribed that members of the cadres of IAS, IPS and IFS for the existing State of J&K shall continue to function on the existing cadres in the newly formed UTs.

The Bill seeks to amend this provision and make the existing a cadre a part of the Arunachal Pradesh, Goa, Mizoram and Union territories cadre. Consequently, all future allocations of All India Services Officers for the UT of J&K and UT of Ladakh shall be made to Arunachal Pradesh, Goa, Mizoram and Union territories cadre.

Parliamentary Debate

During discussion on the Bill, many Members asked the Government about its plans to restore the status of 'State' to Jammu and Kashmir and objected to the Bill as it strengthens the UT structure by merging J&K cadre with the AGMUT cadre.

Opposing the Bill, Congress MP Adhir Ranjan Chowdhury stated that in case the Government feels that there is a deficiency in the J&K cadre, then it should appoint more officers from the local population. This, he said will make the region more self-reliant, instead of dependent on other states and UTs.

He further said that Jammu and Kashmir is a sensitive region and thus, it is important that the cadre is comprised of local population, to gain their trust. Furthermore, he said, people posted to J&K from outside states will not have any knowledge about J&K's language and culture. "People who are acquainted with the cultural roots of that place should be entrusted for this job," he said.

Responding to Chowdhury's speech, BJP MP from Jammu & Kashmir, Jamyang Tsering Namgyal said that presently, there is a deficiency of 56.9% in IAS officers, 55.1% deficiency in IPS officers and 48.11% deficiency in IFS officers in Jammu & Kashmir.

Through this Bill, he said, the officers of J&K will get an opportunity to work both, in the state and outside the state, giving them more exposure and promoting 'national integration'.

Another MP from Jammu & Kashmir, Hasnain Masoodi of J&K National Conference, said that constitutional morality warrant that so long as the Jammu and Kashmir Reorganisation Act, 2019 (parent Act) is under scrutiny by the Supreme Court, the legislature should not bring amendments/ consequential legislations.

Prof. Sougata Ray of All India Trinamool Congress stated that earlier norms permitted 50:50 ratio for recruitment of local people in the All India Services. However, the Bill will reduce this ratio to 33:67. This, he said will impede the already retarded, rather negligible, career progression of Kashmir Administrative Service & Kashmir Police Service Officers.

Bhartruhari Mahtab of Biju Janta Dal supported the Bill but asked the Government about the rationale of bringing the ordinance on 7 January, 2021, i.e., only few days before commencement of the Parliament Session. He further suggested that the Government should make sure that the persons posted in Jammu and Kashmir are deputed for considerable amount of time so that they build a rapport with the district/ taluk level officers.

Responding to the debate, the Government claimed that the Bill will solve the issue of All India Service officers in the two UTs and will help the Government to meet temporary shortage of officers at different places.

In response to Masoodi's speech, Home Minister Amit Shah said that the Supreme Court has, in its wisdom, not stayed the implementation of the 2019 Act. Thus, the Government is not precluded from taking steps for development of the UT. He also made it clear that statehood will be conferred on J&K in appropriate time and the instant Bill has no relation to that aspect.

He further gave an account of developmental activities taken by the Government of India after abrogation of Article 370, viz.: (i) reinstitution and empowerment of Panchayati Raj system; (ii) peaceful DDC elections; (iii) Rs. 1,500 crore allocation to Panchayat institutions; (iv) introduction of Railway by 2022; etc.

The Bill will now be presented before the President for his assent.

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