Ministry of Home Affairs has amended the new domicile law of Jammu and Kashmir, reserving all posts in government service for domiciles of the Union Territory. However, the clause defining J&K domiciles has been retained, meaning anyone who has resided in J&K for 15 years or has studied in the UT for seven years shall be considered a domicile.
The amendment in the domicile law came within two daysfollowing resentment across Jammu and Kashmir, particularly among the youth,over opening of government posts for all-India level, while only level-4 postshad been reserved for domiciles of the Union Territory.
With this amendment, now all the government posts have beenkept only for domiciles of Jammu and Kashmir though there is no change inresidency law i.e. 15 years of minimum stay in the UT to become a domicile.
As per the order, the Department of Jammu and Kashmir andLadakh Affairs in Ministry of Home Affairs on Friday amended the Jammu andKashmir Reorganization (adaption of state laws) order 2020, in exercise of thepowers conferred by the Section 96 of the Jammu and Kashmir Reorganization Act2019.
The amended order reads: “This order may be called Jammu andKashmir Reorganization (adaption of state laws) second order 2020. It shallcome into force with immediate effect.”
“With immediate effect, the Act mentioned in the schedule tothis order until repealed or amended by the competent legislature or othercompetent authority, have effect, subject to the adaptations and modificationsdirected by the scheduled of this order,” reads the order from the Union HomeMinistry.
In Jammu and Kashmir Civil Services (Decentralization) andRecruitment Act 2020 following sections were amended: “under section 3A (i) insub-section (1) omit word “deemed to be” and “Carrying a pay scale of not morethan level-4 (25500)” and in sub-section (2) omit “Deemed to be and in clause(a) for “have served” substitute “shall have served”. Section 5A has also beenamended:”A post carrying a pay scale of not more than level-4 (25500)” substitute”any post”. In Section 8 before clause (ii) add: “(i) is a domicile of UnionTerritory of Jammu and Kashmir.”
However, the clause defining J&K domiciles has beenretained.
On April 1, the Union Ministry of Home Affairs made domicilelaws for Jammu and Kashmir wherein anyone who has resided for 15 years in theUT or has studied for seven years and appeared in Class 10 and Class 12examinations in an educational institution located in the Union Territory is adomicile of J&K.
Anyone who is registered as a migrant by the Relief andRehabilitation Commissioner (Migrants) will also be deemed to be a domicile.The others who can be deemed to be a domicile include children of those centralgovernment officials, all-India services officers, officials of public sectorundertakings and autonomous bodies of the central government, public sectorbanks, officials of statutory bodies, central university officials and those ofrecognised research institutes of the central government who have served inJammu and Kashmir for 10 years.
Children of those who fulfil any of the conditions orchildren of such residents of Jammu and Kashmir as reside outside UnionTerritory in connection with their employment or business or other professionalor vocational reasons but their parents fulfil any of the conditions providedin sub-section are also deemed to be domicile of J&K, the notificationsaid.
Before August 5, 2019, when Article 35A was in force, onlythe permanent residents of J&K were eligible to government jobs in J&K.
After a backlash from all parties in Jammu and Kashmir,including the BJP in Jammu, the Centre is all set to amend the new domicile lawannounced just days ago. Now, all Govt jobs to be reserved for JK residentsonly reports my colleague