Centre Defines J&K Domicile Rules | 02 Apr 2020

Why in News

Recently, the Ministry of Home Affairs (MHA) has issued the Jammu and Kashmir Reorganisation (Adaptation of State Laws) Order, 2020.

  • On 5th August 2019, the Centre revoked J&K's special status under Article 370 and Article 35A of the Constitution and bifurcated it into the UTs of J&K and Ladakh.
    • The two revoked constitutional provisions let the state legislature decide the ‘permanent residents’, prohibiting a non-J&K resident from buying property there and ensuring job reservation for its residents.
  • There are 12 States, including Himachal Pradesh, where provisions of special status under Article 371 apply.
    • The provisions pertain to regulation of ownership and transfer of land in order to conserve the limited resources available for development and to ensure that the State preserves its unique identity.

Key Highlights of Order

  • It amended 109 laws and repealed 29 laws of the erstwhile State and inserted the ‘domicile’ clause in the Jammu and Kashmir Civil Services (Decentralisation and Recruitment) Act, 2010.
  • The clause for ‘permanent resident of the State’ under the 2010 Act, has been substituted by ‘Domicile’ of the UT.
    • The Act pertained to employment in the civil services comprising “district, divisional and State” cadre posts.
    • Only permanent residents of J&K were eligible to apply for the gazetted and non-gazetted posts but now non-domiciles can also apply for these posts.
  • The domiciles will be eligible for the purposes of appointment to any post carrying a pay scale of not more than Level 4.
    • The Level 4 post comprises positions such as gardeners, barbers, office peons and waterman and the highest rank in the category is that of a junior assistant.
  • The reservation for domiciles would not apply to Group A and Group B posts, and like other UTs, recruitment would be done by the Union Public Service Commission (UPSC).
  • Criteria for Domiciles
    • Someone who has resided for a period of 15 years in the UT of J&K or
    • Someone who has studied for a period of seven years and appeared in Class 10th/12th examination in an educational institution located in the UT of J&K or
    • Someone who is registered as a migrant by the Relief and Rehabilitation Commissioner (Migrants).
    • Children of Central government officials, All India Services, PSUs, autonomous body of Centre, Public Sector Banks, officials of statutory bodies, Central Universities, recognised research institutes of Centre who have served in J&K for a total period of 10 years.
    • Children of such residents of J&K who reside outside J&K in connection with their employment or business or other professional or vocational reasons but their parents fulfil any of the conditions provided.
  • The order also amended the Jammu and Kashmir State Legislature Members' Pension Act,1984 which fixes the pension for former legislators and councillors.
    • The notification scraps all pension benefits such as car, driver, accommodation, phones, electricity, medical facilities and rent-free accommodation to former J&K Chief Ministers.
  • The order has also made amendments to the Public Safety Act (PSA) 1978 by removing a clause that prohibited J&K residents booked under the Act to be lodged in jails outside.
    • It changes the criteria for appointing the PSA advisory board on the recommendation of a search committee headed by the Chief Secretary instead of the Chief Justice of the J&K High Court.
      • The advisory board has a crucial role to play in release of detenus under the PSA.
    • It also bars sitting High Court judges to be made part of the board without the Chief justice's consultation.
    • The order also scraps a clause that deals with the power to regulate place and conditions of detention.

Source: TH