It was a week when the Supreme Court was expected to hear the petitions challenging Article 35A of the Constitution and the special rights it gives the Jammu & Kashmir Assembly. The hearings never materialised, but the autonomy of J&K was tested in a different manner by the Central Government.
On Thursday, 28 February, the Union Cabinet extended the 10 percent reservation policy for economically weaker sections (EWS) to J&K. The EWS reservation, often termed an “upper caste quota”, was recently adopted across the rest of the country through a constitutional amendment on 12 January.
The Cabinet’s order also makes reservations for promotions in government jobs possible, which had been introduced in the rest of the country by a constitutional amendment in 1995.
The move has generated controversy since it needs an amendment to the Constitution (Application to Jammu & Kashmir) Order 1954, which along with Article 370 of the Constitution, reflects J&K’s special status and restricts the extent to which laws passed by Parliament can be extended to the state.
The best-known feature of the Constitution Order is Article 35A, which allows the state government to define permanent residents and restrict rights and privileges for non-permanent residents.