● The Constitution defines Scheduled Tribes under Article 366 (25) as tribes or tribal communities
deemed to be Scheduled Tribes under Article 342. Article 342 empowers the President, after
consultation with the Governor, to specify tribes or tribal communities as Scheduled Tribes
through public notification for a particular State or Union territory. Parliament, through law, can
include or exclude tribes from this list.1 The initial list of Scheduled Tribes was notified in 1950
and has been modified over time.
● The Constitution (Jammu and Kashmir) Scheduled Tribes Order (Amendment) Bill, 2023 was
introduced in Lok Sabha on July 26, 2023 with an aim to amend the Constitution (Jammu and
Kashmir) Scheduled Tribes Order, 1989, thereby intending to create separate lists for Scheduled
Tribes for Union Territories of Jammu and Kashmir, and Ladakh.2
● In compliance with Constitutional provisions, the initial roster of Scheduled Tribes for the former
State of Jammu and Kashmir was officially designated through the Constitution (Jammu and
Kashmir) Scheduled Tribes Order, 1989. This list underwent modifications via the Constitution
(Scheduled Tribes) Order (Amendment) Act, 1991. Following the enactment of the Jammu and
Kashmir Reorganisation Act, 2019, the said list of Scheduled Tribes now encompasses both the
Union territories of Jammu and Kashmir and Ladakh.
● Responding to a request from the Administration of the Union Territory of Jammu and Kashmir,
there is a proposal through this amendment to incorporate the communities of “Gadda
Brahmin,” “Koli,” “Paddari Tribe,” and “Pahari Ethnic Group” into the list of Scheduled Tribes for
the Union territory of Jammu and Kashmir. This amendment is recommended by the
Administration and is subject to consultation with the Registrar General of India and the
National Commission for Scheduled Tribes.
● The Constitution (Jammu and Kashmir) Scheduled Tribes Order (Amendment) Bill, 2023
aims to formalize these proposed changes in the Constitution (Jammu and Kashmir) Scheduled
Tribes Order, 1989, by substituting the Section 2 of the latter, thereby, designating specific
communities/tribes in the Union Territory of Jammu and Kashmir as Scheduled Tribes. This
designation grants them distinct constitutional rights and protections, encompassing
affirmative action and reservation in government services and educational institutions.
● – Part I of the Schedule given in the Bill includes the following Tribes in the Union Territory of
Jammu and Kashmir: Bakarwal, Balti, Beda, Bot, Boto, Brokpa, Drokpa, Dard, Shin, Changpa,
Gadda Brahmin, Gaddi, Garra, Gujjar, Koli, Mon, Paddari Tribe, Pahari Ethnic Group, Purigpa,
Sippi.
– PART II of the Schedule given in the Bill includes the following Tribes in the Union Territory of
Ladakh: Bakarwal, Balti, Beda, Bot, Boto, Brokpa, Drokpa, Dard, Shin, Changpa, Gaddi, Garra,
Gujjar, Mon, Purigpa, Sippi.
● The Bill includes the communities of “Gadda Brahmin”, “Koli”, “Paddari Tribe” and “Pahari
Ethnic Group” in the list of Scheduled Tribes in respect of the Union Territory of Jammu and
Kashmir. Following passage of Bill, the list of STs in J&K will include Bakarwal; Balti; Beda; Bot,Boto; Brokpa, Drokpa, Dard, Shin; Changpa; Gadda Brahmin; Gaddi; Garra; Gujjar; Koli;
Mon; Paddari Tribe; Pahari Ethnic Group; Purigpa and Sippi.3
● The Paharis in Jammu and Kashmir, constituting 8.16% of the population, are primarily
identified as a linguistic group, with significant concentrations in Poonch and Rajouri districts in
the Pir Panjal region of Jammu. According to the ‘Population Survey of Pahari Speaking
People’ released by the J&K government on February 1, 2018, Paharis make up 56.03% of the
population in Poonch district, 56.10% in Rajouri, 11.84% in Kupwara, 14% in Baramulla, 7.86% in
Anantnag, 5.88% in Ganderbal, and 5.04% in Shopian district.4 The Paharis justify their tribal
identity by drawing parallels with the Gujjars based on geographical, social, political, and
economic factors.5
● Despite multiple State Governments recommending ST status for Paharis since the 1980s, they
were not given that status. Even the Justice G.D. Sharma Commission had recommended ST
status for the ethnic Pahari community, addressing the injustice. The distinction in the Bill’s
terminology, referring to the “Pahari Ethnic Group” instead of “Pahari Speaking People,”
reflects an attempt to address these historical considerations.6
● In November 2022, the National Commission for Scheduled Tribes (NCST) granted approval
for the inclusion of Paharis in the Scheduled Tribes list of the state of Jammu and Kashmir. This
decision makes the Pahari community eligible for various opportunities that were formerly
reserved exclusively for the Scheduled Tribe population.7 Consequently, the Bill proposes a 4%
increased reservation in employment and admissions to professional colleges specifically for the
‘Pahari Ethnic Group,’ distinguishing it from the broader category of ‘Pahari Speaking People.’8
● There are certain concerns regarding the Bill, especially when considering the regional
distribution of the population in Jammu and Kashmir. According to the latest census, out of
the 12,75,106 Scheduled Tribes residing in J&K, 8,10,800 are in the Jammu region, with only
4,64,306 in the Kashmir region.9 This suggests a historical trend of prioritizing benefits for the
tribes in the Jammu region over those in Kashmir. The current Bill continues this pattern, as the
majority of the Pahari-speaking population resides in Jammu. Although the Pahari-speaking
population was not included in the 2011 census, a 2018 community survey by the State Advisory
Board reveals that 63% of Paharis live in Jammu, while 37% reside in Kashmir.10 Experts have
cautioned that the 4% reservation for the Pahari-speaking population from 2020 onwards
caters more to the Jammu region.11
● There is strong criticism from existing Scheduled Tribes who fear that their traditional
identities might be compromised. The Paharis are a linguistic group that include both Hindus
and Muslims. However, the issue of reservation for the Pahari community has caused unrest
among the Gujjar-Bakarwals, a mostly Muslim community that has enjoyed reservation since
1991.12 This economically weaker nomadic tribe is afraid that their own status will be diluted if
the Paharis also become eligible for reservations.13 Additionally, they are concerned about
potential amalgamation and express apprehension about competing with the broader Paharispeaking population.14 They have vehemently opposed the proposed Bill seeking “ST” status for
the “Pahari Ethnic Group.”.15
● Within the Pahari-speaking community, a faction argues for favoring certain segments,
contending that their living conditions match those of privileged tribes regarding education,
healthcare, and financial opportunities. This includes Pahari-speaking Hindus and Sikhs who
fled Pakistan-occupied Jammu and Kashmir in 1947, along with permanent residents. They
assert that historical challenges kept them from mainstream leadership and genuine
participation in tribal reservations.16
● To incorporate new classes and communities into the ST/SC/OBC category, the customary
procedure involves conducting a comprehensive socio economic and caste census survey.
17 However, in the context of this Bill, the Government, lacking any initiative from the relevant
competent body, has solely depended on a report submitted by the National Commission
from deputy commissioners which include castes/classes predominantly from the Jammu
division as identified by deputy commissioners.
● Many individuals in Kashmir are opposing the Bill, citing concerns related to the Jammu &
Kashmir Reorganisation Act 2019. This Act, which divided Jammu and Kashmir into two Union
territories, is currently under challenge in the Supreme Court and is sub-judice.
18 Therefore,the introduction of a Bill amending an Act that is currently subject to judicial scrutiny in the Supreme Court poses another issue.
1 Article 342 of the Indian Constitution.
2 “Pahari Reservation: The Third View”, Greater Kashmir. Available at: https://www.greaterkashmir.com/todays-paper/editorial-page/paharireservation-the-third-view/.
3 “Parliament’s winter session begins tomorrow | J&K ST, SC amendment bills among 19 bills likely to be taken up”, Greater Kashmir, 2023. Available at: https://www.greaterkashmir.com/front-page-2/parliaments-winter-session-begins-tomorrow-jk-st-sc-amendment-bills-among-19-
bills-likely-to-be-taken-up/.
4 “Proposed ST and OBC reservations for new groups in J&K: How the BJP could benefit electorally”, The Indian Express, august 2023. Available at: https://indianexpress.com/article/explained/explained-climate/cop28-climate-meeting-the-fossil-fuel-question-9054651/.
5 Ibid.
6 Ibid.
7 “Pahari Reservation: The Third View”, Greater Kashmir. Available at: https://www.greaterkashmir.com/todays-paper/editorial-page/paharireservation-the-third-view/.
8 “3 J&K reservation bills among 32 listed in Monsoon session”, Daily Excelsior. Available at: https://www.dailyexcelsior.com/3-jk-reservationbills-among-32-listed-in-monsoon-session/#google_vignette.
9 “Are J&K’s Reservation Laws Being Changed to Further Marginalise Kashmir”, The Wire. Available at: https://thewire.in/government/are-jksreservation-laws-being-changed-to-further-politically-marginalise-kashmir.
10 Ibid.
11 Ibid.
12 “How 3 reservation bills introduced in Lok Sabha are likely to impact BJP’s vote share in Jammu & Kashmir”, The Print. Available at: https://theprint.in/india/how-3-reservation-bills-introduced-in-lok-sabha-are-likely-to-impact-bjps-vote-share-in-jammu-kashmir/1687906/.
13 Ibid.
14 “Pahari Reservation: The Third View”, Greater Kashmir. Available at: https://www.greaterkashmir.com/todays-paper/editorial-page/paharireservation-the-third-view/.
15 “Parliament’s winter session begins tomorrow | J&K ST, SC amendment bills among 19 bills likely to be taken up”, Greater Kashmir, 2023. Available at: https://www.greaterkashmir.com/front-page-2/parliaments-winter-session-begins-tomorrow-jk-st-sc-amendment-bills-among-19-
bills-likely-to-be-taken-up/.
16 “Pahari Reservation: The Third View”, Greater Kashmir. Available at: https://www.greaterkashmir.com/todays-paper/editorial-page/paharireservation-the-third-view/.
17 Supra 7
18 Padmakshi Sharma, “Jammu & Kashmir Special Status: Supreme Court’s Judgment In Article 370 Case To Be Pronounced This Month”, LiveLaw, December 2023. Available at: https://www.livelaw.in/top-stories/jammu-kashmir-special-status-supreme-courts-judgment-in-article370-case-to-be-pronounced-this-month-243578.