Amid coronavirus lockdown, Indian Government comes up with domicile law for J&K

Amid the nationwide coronavirus lockdown, the Government of India has redefined domicile for government jobs in the newly created Union Territory (UT) of Jammu and Kashmir.

The domicile rules come after abrogation of Article 370 on August 5, 2019, which gave special status to the residents of the erstwhile J&K State. The order - Jammu and Kashmir Reorganisation (adaptation of state laws) order 2020 - issued by the Ministry of Home Affairs comes into force with immediate effect.

As per the order, a person who has resided in Jammu and Kashmir for a period of 15 years or has studied for a period of seven years and appeared in Class 10th and 12th examination in a school within the region shall be deemed to be the domicile of the UT.

It also includes the children of the central government officials who have served in Jammu and Kashmir for a period of ten years.

The new law has empowered tehsildars within their territorial jurisdiction to issue domicile certificates. The government of J&K UT has also been empowered to notify any other officer to be Competent Authority for issuance of domicile certificate.

In the new arrangement, jobs up to lowest level of non-gazetted ranks are reserved for Jammu and Kashmir domiciles. The provision, however, would also be available to children of central government employees serving in Jammu and Kashmir for ten years and all those non-locals residing in Jammu and Kashmir for more than 15 years.

“Subject to the provisions of this Act, no person shall be eligible for appointment to a post carrying a pay scale of not more than Level-4 (25500) unless he is a domicile of the Union territory of Jammu and Kashmir,” reads section 5A of The Jammu and Kashmir Civil Services (Decentralisation and Recruitment) Act.

Until J&K was stripped of its special status granted under Article 370 and bifurcated into two UTs last August, Article 35 A of the Constitution empowered the assembly to define a J&K resident. Only J&K residents were eligible to apply for jobs or own immovable property in the erstwhile state.

Meanwhile, the perks and privileges of former chief ministers of J&K have been withdrawn thereby repealing the long list of privileges enjoyed by them since 1984. According to a late evening notification issued on Tuesday, the central government repealed section 3-C of the State Legislature Members’ Pension Act, 1984 under which former chief ministers of Jammu and Kashmir were entitled to different privileges and perks.