Congress MP's private member's bill on rehabilitation of Kashmir Pandits cleared for consideration by RS

The Print

3 days ago

Two days ago, the Rajya Sabha Secretariat wrote to Tankha that the President has recommended the consideration of the bill, clearing the decks for a discussion on it, before it is passed. To be sure, only 14 private members' bills have been passed and enacted into law so far, the last one being in 1970.
Tankha, elected to the Rajya Sabha from Madhya Pradesh, said the bill, introduced in the Upper House in February 2024, needed a recommendation from the President of India—under Article 117(3) of the Constitution—to be taken up for consideration as it carries financial implications.
New Delhi: Congress MP Vivek Tankha's private member's bill, which among other things seeks the restoration of temples connected with Kashmiri Pandits who were driven out of the Valley in 1990, can now be taken up for consideration in the Rajya Sabha with it having cleared a Constitutional requirement.
'For the first time in Parliament, a private member bill titled 'Kashmiri Pandits (Recourse, Restitution, Rehabilitation and Resettlement) Bill, 2022' has been recommended by the Hon'ble President for consideration in the house, subject to time constraint.
'If discussed and approved, this can be a turning point in the fight for justice for Kashmiri Pandits. It's a big achievement as very few bills with financial implications get recommended by the Hon'ble President under clause (3) of Article 117 of the Constitution,' Tankha wrote on X Wednesday, attaching a screenshot of the Rajya Sabha Secretariat communique.
The Kashmiri Pandits (Recourse, Restitution, Rehabilitation and Resettlement) Act, 2022 also envisages grant of minority status to Kashmiri Pandits and declaration of members of the community as victims of genocide.
When contacted, Tankha told ThePrint that he had first introduced the Bill in 2022. 'With my term ending in 2022, the Bill also lapsed. I introduced a fresh Bill again in my second term,' he said.
Upon its enactment into a law, the Bill also proposes the release of a white paper 'documenting all events in the Kashmir valley pertaining to the atrocities and plight of the Kashmiri Pandits starting from the year 1988 till the enactment of this Act.'
For the first time in Parliament, a private member bill titled "Kashmiri Pandits (Recourse, Restitution, Rehabilitation and Resettlement) Bill, 2022" has been recommeded by the Hon'ble President for consideration in the house, subject to time constraint. .1/2 pic.twitter.com/L7EosIbck7
— Vivek Tankha (@VTankha) July 23, 2025
The bill has a separate section dealing with the restoration of temples and other heritage sites in the Valley. It says a committee comprising archaeologists, historians among others shall be authorised to appoint a Special Officer who will be armed with the power to seek documents from the government for 'conducting the survey of the religious sites' and 'shall have the same powers as are vested in a Civil Court under the Code of Civil Procedure, 1973.'
Under clause 3 of Article 11 of the Constitution, a proposed legislation that entails 'expenditure from the Consolidated Fund of India shall not be passed by either House of Parliament unless the President has recommended to that House the consideration of the Bill.'
'In case the President withholds recommendation for introduction, the Bill cannot be introduced and if the recommendation is withheld under article 117(3) for consideration, the House cannot consider the Bill,' state the rules.
A former Parliament official said that just because the bill now meets the Article 117(3) requirement does not guarantee that it will be taken up for discussion anytime soon as there is a draw of lots for that purpose.
According to Parliament records, of over 2,000 private member's bills introduced since 1952, only 14 have become laws. These 14 bills include the Muslim Wakf Bill, 1952; The Hindu Marriage (Amendment) Bill, 1956; The Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Bill 1970.
(Edited by Ajeet Tiwari)
Also Read: Kashmiri Pandits are reviving old hometown temples. 'It's how we will return'