Eight months after the abrogation of Article 370 of the Constitution – the framework of which created reservations and privileges for permanent residents of Jammu and Kashmir – the Centre has now passed a new order reserving government jobs for domiciles of the Union Territory.
Late on Tuesday, 31 March, the Ministry of Home Affairs (MHA) passed the Jammu and Kashmir Reorganisation (Adaptation of State Laws) Order 2020, which modifies several laws of the former state that are still in operation, including the law for recruitments in government jobs.
Domiciles are defined as anyone who
- has resided for a period of 15 years in the Union Territory of J&K; or
- has studied for seven years and taken Class 10/12 exams in an educational institution in the Union Territory of J&K; or
- is a registered migrant under the relief and rehabilitation scheme.
What Does The New Order Say?
Children of these domiciles are also automatically deemed to be domiciles of J&K (even if the children reside outside the Union Territory) as are children of central government servants who have served in J&K for 10 years.
Domicile certificates will be issued by tehsildars within their areas.
Jobs in Gazetted and non-Gazetted posts, as well as Class IV posts of the government of J&K, will now be reserved only for those who can show they have domicile status.
These government jobs in J&K were previously reserved for ‘permanent residents’ – a term which could be defined by the Legislative Assembly of the erstwhile state thanks to Article 35A (part of the framework of J&K’s special status under Article 370).
The concept of a permanent resident was more restricted, requiring ties to the former state and could be lost under certain conditions as well. Under the MHA’s new order, domicile status replaces permanent residency in the laws on government recruitment.
These changes do not apply to the Union Territory of Ladakh, which was previously covered under the same rules on permanent residency.
‘Talk About Suspect Timing’: Omar Abdullah Slams Centre
National Conference leader Omar Abdullah on 1 April lashed out at the Centre over the new domicile rules for Jammu and Kashmir, saying it was adding insult to injury for the people as they did not include any of the promised protections.
Abdullah was apparently referring to the criticism of the domicile law by Jammu and Kashmir Apni Party founder Altaf Bukhari.
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