• Dr. K. Jayakumar

Extracts of the speech of Dr. K. Jayakumar on debate on Jammu & Kashmir Reservation (Amendment) Bill and Jammu & Kashmir Reorganization (Amendment) Bill on December 6, 2023

DR. K. JAYAKUMAR (TIRUVALLUR): Sir, I am from deep South standing in front of you to speak for the topmost erstwhile Northern State of Jammu and Kashmir, and its reorganisation. This situation came into existence because of the already existing Jammu and Kashmir Reorganisation Act, 2019 dated 5.8.2019. But for that, today’s discussion is not required. I find symmetry of actions or a pattern of actions by this Government in implementing things they first disorganise and then come for organising the same. That is what they are doing here. This is for the first time, perhaps, in Independent India that a State was bifurcated, reduced to the level of Union Territories and then we are now engaged in passing a Bill to reorganise this situation. I am at a loss to understand that under the same Constitution, for the last 70 years, the State was in existence and every action was going through. People of that State were safe and the borders were kept safe to a large extent. There is nothing much to say that there was a need to go for reorganisation of these things for the last 70 years. I would like to know from the hon. Home Minister, thanks to him that he is present over here during my presentation, what has compelled him to go for this situation. Where is the necessity for it? What went wrong?

Every action here is happening like this. Article 370 has been removed. It is not that our forefathers, the Constitution-builders, those who built this nation, were not aware of the situation of what would happen to Article 370. Therefore, they have given a protective clause in this. When we talk about the procedure, they have made a clear provision for this State, which has been given special provisions, that the State will unite with the mainland completely and they have kept the doors open for it by giving such a procedure, and as per that procedure, the only thing, what you have done and what we did not accept, is that it should have been done through the will of the people. The will of the people is represented by a House like this. This will of the Kashmiri people was represented by the MLAs and the Legislative Assembly.

What you did on the contrary was, first, the Government was pulled down for various reasons. Then, the Assembly was closed. Then, a Governor was nominated over there. Who is the Governor? He is your representative, the Union representative even if you take it legitimately. His opinion is taken and you have brought the Bill on 5th August, 2019. You take anything for that matter. Demonetisation was done in a great hurry. No procedure was followed. No Cabinet meeting was there for such a big thing. What have you achieved through that? Nothing, simply nothing. You have only destroyed the economy of this country. Even today, the beating given by demonetisation is in existence. Even the economy has not been repaired. What was the need? You said there were three reasons. I take one of the reasons I leave the rest for the time constraint that black money will be curtailed. There would not be any black money available for the Pakistanis and other people across the border. This would help to establish peace in this country had it happened in the first place. Is there no counterfeit currency available in the country today? Through this demonetisation, we have achieved nothing but seeing people die at the gates of the banks. You talked about women’s reservation. When will women’s reservation actually happen? It will happen in 2031. The 84th Amendment of the Constitution clearly says that any delimitation, any adjustment of seats, any creation or decrease in seats can be effected if and only if a Census was taken at the earliest after 2026. So, it will be in 2031. Today, you are talking about reorganisation; you are talking about creation of seats; and you are talking about reservation. I am here for all sorts of reservation in this country because I myself stand in this place because of the benefits of reservation. Otherwise, I would not have had the opportunity to enter this House and stand before you all to speak my mind over here. Any reservation which is required in this country should be given and the people should be helped. One Member of the House said that the Congress Party was not for reservation for tribal people, they can celebrate Deepavali again in their house and all. When has the Congress Party objected to any reservation in this country? When was it? Out of all the reservations in the globe, the largest amount of reservation has been created by the Congress and the Congress Party only. There is 22.5 per cent of reservation for the SCs and STs. Also, as regards EWS reservation, we were party to it and we approved it, though I have some reservations about EWS. Therefore, Sir, whether the 84th Amendment is taken into consideration or not is a point of discussion because before 2026 nothing can be done unless and until you go in for amendment of the Constitution. Three or four amendments are required to do this.