notification-defining-jk-domicile-rules-summary

Context: MHA recently issued a notification through which it amended and repealed a number of laws of the erstwhile State of Jammu and Kashmir..

Jammu and Kashmir Reorganisation (Adaptation of State Laws) Order, 2020




 

New Criteria for domicile

New definition of a domicile: Notification defines a domicile as one 

  • Who has resided for a period of 15 years in the UT of J&K 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 or 
  • 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 will also be domiciles.

Authority to issue domicile certificate: The provisions of the Act authorize the Tehsildar as a competent authority for issuing the domicile certificate, as opposed to earlier Deputy Commissioner or any officer specially notified by the State Government .

 

Repealed J&K civil services (special provisions) Act

Domiciles will be eligible “for the purposes of appointment to any post carrying a pay scale of not more than Level 4.

Only permanent residents of J&K were eligible to apply for the gazetted and non­-gazetted posts. The amendment allows non­-domiciles to apply to these posts.

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). 




 

Changes in PSA,1978

The Jammu and Kashmir Public Safety Act, 1978 (PSA) is a preventive detention law under which a person is taken into custody to prevent them from acting harmfully against "the security of the state or the maintenance of the public order’

Recent notification of the MHA makes changes to the Public Safety Act (PSA) by removing a clause that prohibited J&K residents booked under the Act to be lodged in jails outside.

Notification also 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.

It also bars sitting High Court judges to be made part of the board without the Chief justice’s consultation.

The order scraps a clause that deals with the power to regulate place and conditions of detention.

Changes in ‘Jammu and Kashmir

State Legislature Members’

Pension Act, 1984

It fixes the pension for former legislators and councillors at ₹ 5,000 a month.

The order scraps all pension benefits such as car, driver, accommodation, phones, electricity, medical facilities and rent-free accommodation to former J&K Chief Ministers.

Background

  • Article 370 was revoked last year, followed by which erstwhile state was bifurcated into two new Union territories (UTs) of Ladakh, and Jammu and Kashmir, with Radha Krishna Mathur and G.C. Murmu as the first lieutenant-governors respectively of the Union territories.
  • Before 5th of August last year, Article 35-A of the Constitution (now abrogated) empowered J&K Assembly to define a J&K resident, who alone were eligible to apply for jobs or own immovable property.

Note:For info related to Scrapping of Article 370 please refer to-https://www.jatinverma.org/scrapping-of-article-370-in-jammu-and-kashmir

Way ahead

  • Need Roadmap for future process: The central government has redrawn the rules of employment in the region, though it is yet to draw out a roadmap for its future investment and infrastructure building process in Jammu and Kashmir.
  • Crucial next few years for the state: Following two years will be extremely crucial in defining how the region progresses. As a division is not just a geographic division of a state. Necessary legislative and administrative measures for good governance needs to be taken.

Sources:

Image Source:IE