Assembly Proceedings

J&K Govt Refuses to Disclose Cabinet Recommendations & Centre’s Queries on Reservation, Cites Assembly Secrecy Rules

No proposal to dilute EWS asset criteria; government reveals 82% reserved category certificates issued in Jammu against 18% in Kashmir; Open Merit quota linked to upcoming Census 2027.
By State Correspondents Bureau • Location: Jammu • Published: Legislative Assembly Update

The Jammu & Kashmir Government on Tuesday formally declined to make public the specifics of its cabinet recommendations on reservation policies, as well as queries submitted by the Union Government, invoking statutory confidentiality clauses under Assembly rules.

82%
Reserved Certificates Issued in Jammu
18%
Reserved Certificates Issued in Kashmir

Responding to a written query raised by Handwara legislator Sajad Gani Lone, the Minister in-charge of Social Welfare clarified that while the cabinet panel’s findings have been forwarded to the competent authority, statutory limits prevent sharing internal deliberations on the floor of the House.

Statutory Shield: Rule 38, Clause (xxi)

Under Rule 38(xxi) of the Rules of Procedure and Conduct of Business in the J&K Legislative Assembly, members are restricted from seeking information that is inherently confidential, specifically encompassing cabinet proceedings, council decisions, and executive advice tendered to constitutional heads.

“The recommendations have been submitted to the competent authority. However, in terms of Business Rule 38 of Procedure and Conduct of Business in the Jammu and Kashmir Legislative Assembly, particularly clause (xxi), the present information sought by the Hon’ble Member being secret in nature, relating to the decision and proceedings of the Cabinet, cannot be provided,” the Minister’s written reply noted.

Silence Maintained on Union Government Communication

When pressed on the nature of questions and clarifications sought by the Central Government regarding the cabinet sub-committee’s findings, the Minister reiterated the government’s stand, leaning once again on Rule 38(xxi) to underscore that inter-governmental communications on cabinet decisions remain legally privileged.

Status Quo on EWS & Re-alignment Linked to Census 2027

The government also put to rest speculation regarding possible relaxations in the Economically Weaker Sections (EWS) reservation matrix. The reply stated plainly that the administration has no proposal under consideration to ease or do away with existing EWS guidelines, including the strict asset-based ownership thresholds currently in force.

Key Clarifications From Social Welfare Ministry

  • No EWS Relaxation: Existing asset and income eligibility thresholds remain intact.
  • Regional Distribution: Jammu division accounts for 82% of total issued reserved category certificates, while Kashmir accounts for 18%.
  • Open Merit Representation: Recalibration of proportionate reservation based on population will only be considered after Census 2027 results are officially published.

Addressing Lone’s question on whether the government plans to restructure proportional representation—including protections for Open Merit (OM) aspirants based on regional demographic shifts—the Minister affirmed that any recalibration would strictly follow statutory mechanisms once verified data arrives.

“The issue shall be considered as and when the publication of Census-2027 data becomes available to the Government,” the written response concluded.