Introduction
The Jammu and Kashmir Reorganisation (Adaptation of State Laws) Order-2020 was issued by the Centre Government on 31 March 2020 to redefine the domicile rules for government jobs in the newly created Union Territory of Jammu and Kashmir. The special status provided to J&K was stripped after the abrogation of Article 370 on 05 August 2019. Earlier, Article 35A of the Indian Constitution empowered the J&K State Assembly to define the citizenship rules and decide who was entitled to become a resident of the State.
Hence, only the residents of J&K as enunciated by Article 35A were eligible to apply for government jobs and own immovable property in the erstwhile State of J&K. The new domicile rules introduced by the government have changed the very definition of domicile in J&K from identity-based to ‘open to all’ category, thus heralding a psychological integration of these newly formed Union Territory, into the folds of the rest of India.
Highlights of the New Domicile Rules
The major categories of citizens who can now apply for domicile certificate in Jammu and Kashmir, which would allow them to apply for gazetted and non-gazetted government jobs, are listed below:
- Anyone who has resided in J&K for more than 15 years.
- Anyone who has studied in the State for at least seven years.
- Anyone who has appeared in either Class 10 or Class 12 examination in J&K.
- Migrants and their children who are already registered by the Relief and Rehabilitation Commissioner. They need not fulfill the above stated requirements.
- The children of those central government officials, All India service officials, Officials of Public sector undertaking, autonomous body of central government, public sector banks, officials of statuary bodies officials of central universities and recognized research institutes of central government who have served in J&K for a period of ten years.
- The children of residents of J&K who reside outside the Union Territory in connection with employment or business or for other professional or vocational reasons, but whose parents fulfill any of the conditions provided in the latest gazette notification will also be entitled to domicile status.
The said notification empowers tehsildars or any other officer notified by the government as the competent authority to issue the domicile certificate. The gazette notification issued by the government on 31st March specified that “no person shall be eligible for appointment to a post carrying a pay scale for not more than Level 4”. In other words it meant that the ‘new residents’ will be eligible for all gazetted and non-gazetted government jobs, but not for Class 4th posts. However, this notification was amended on 03 April to include “all jobs” rather than just Level 4 jobs. The implication of the same is that all categories of government jobs will be reserved for the original residents of J&K and the “new residents” who may obtain domicile if they fall in the above categories cannot apply for government jobs.
Revision of Government Order on 03 April 2020
The Ministry of Home Affairs, on 03 April 2020, on account of widespread flak, including from the Jammu unit of BJP against the provisions on reserving only low-rung jobs for the people of J&K, had to amend the J&K Domicile law to reserve ‘all jobs’ for the domiciles of the Union Territory. The MHA notification has been amended to read, “Subject to the provisions of this Act, no person shall be eligible for appointment to any post unless he is a domicile of the Union territory of Jammu and Kashmir.”
The earlier clause of “post carrying a pay scale of not more than Level-4 (25500)” has been amended to read “any post unless he is a domicile of the Union territory of Jammu and Kashmir”. Adding “is a domicile of Union Territory” in Section 8 of the Act, makes it mandatory for a person to be a domicile of J&K to get any government job. I must add that it was an unwarranted move by the government, especially when the whole country is grappling with the horror of COVID-19 to stir-up this controversy. Thankfully better sense has prevailed and the interests of the people of Kashmir will be now safeguarded.
Implications of the New Domicile Rule
The new domicile order formally opens up the avenue for people from across the country, who meets the above mentioned criteria to obtain a domicile certificate in the newly formed UT. When the initial notification was issued on 31st March, there was a widespread apprehension in the UT that the State subjects who were earlier assured right to jobs and owning of property, will now have to face stiff competition from outsiders. Considering that the level of exposure and quality of education in J&K has been marred by militancy in the State for nearly three decades, the local people would stand to lose in this competition.
Hence, the new domicile law made the people of J&K insecure, adding to their fears of an assault on the identity of Jammu and Kashmir by the Modi government. It was for this reason that the provisions of the domicile rule has been amended. However, the positive side of the new domicile rule is that it will encourage qualified and competent candidates from other states of India, who can become a domicile of J&K to bring about a demographic change in the UT. The influx of knowledge, investments and free movement of people will bolster the economy of the UT and open new avenues of growth. Besides, a more cosmopolitan environment will assist the people of J&K to shed their inhibitions and integrate with the rest of India better.