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J&K domicile rules

Topics Covered: Functions and responsibilities of the Union and the States, issues and challenges pertaining to the federal structure, devolution of powers and finances up to local levels and challenges therein.

J&K domicile rules

What to study?

For Prelims: What is Domicile? Recent changes.

For Mains: Significance and implications of these changes, criticisms surrounding.

Context: Centre redefines Jammu and Kashmir domicile rules opening up various categories of jobs in the region to people from across the country.

The order has been defined under J&K Civil Services (Decentralisation and Recruitment) Act.

What is domicile?

In law, domicile is the status or attribution of being a lawful permanent resident in a particular jurisdiction.

As per the Changes, who is now deemed to have domicile?

  1. Anyone “who has resided for a period of fifteen years in the UT of J&K”.
  2. Or 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.
  3. Or those registered as migrants and their children.
  4. Or 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.
  5. Or 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 fulfil any of the conditions provided in the latest gazette notification will also be entitled to domicile status.

What else the order says?

The Order says that 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 watermen, and the highest rank in the category is that of a junior assistant.

Who can issue domicile certificates?

The orders also empowers tehsildars to issue domicile certificates. The government has been empowered to notify any other officer as the competent authority to issue the certificate.

Implications:

The order now formally allows people from outside J&K to apply for jobs in the UT. While Level IV jobs have been reserved for people with domicile status – as per their definition in the order – other non-gazetted and gazetted jobs have been opened for people from across the country, including people domiciled in J&K.

Background:

Last year, the Parliament had given its nod to the legislation for bifurcating the state, a decision that seeks to redraw the map and future of a region at the centre of a protracted militancy movement. Earlier, Section 35A associated with the abrogated Article 370 had given the legislative assembly of the state the power to define a Jammu and Kashmir resident.

Insta Links:

Prelims Link:

  1. Definition of domicile?
  2. Who issues domicile certificates?
  3. What is Article 35A?

Mains Link:

Critically examine the effect of abrogation of Article 370 and Article 35A on the federal fabric of the country.

Sources: the Hindu.