The Ministry of Home Affairs has recently updated the Jammu and Kashmir Reorganisation (Adaptation of State Laws) Order-2020. This amendment comes into effect almost a year after the order was originally proclaimed by the Ministry on March 31, 2020.
Key Modifications in the Amendment
A primary change ushered in by this amendment relates to the provision of protection for domiciles in relation to “any post” in the government, inclusive of senior level positions in Group A and Group B categories. This translation implies that all jobs within the Union Territory are now solely reserved for its domiciles.
Previously, domicile protection was specifically directed towards Group D and entry-level non-gazetted government posts. All other government positions were made accessible to individuals from across the country.
This revised order also eradicates the section stating that any person satisfying the conditions of domicile eligibility will automatically be considered a domicile. Instead, the responsibility to issue domicile certificates has been transferred to the “tahsildar”.
Eligibility for Domiciles in Jammu and Kashmir
There are specific criteria that an individual must meet to be classified as a domicile in Jammu and Kashmir. These requirements include:
– Residing in the Union Territory for a period of at least 15 years.
– Pursuing education for a minimum of seven years and appearing for Class 10th/12th examinations in an educational institution situated within the Union Territory.
– Being officially registered as a migrant by the Relief and Rehabilitation Commissioner (Migrants).
Additionally, children of various public service professionals are also eligible for domicile status in J&K. These include children of Central government officials, All India Services, Public Sector Undertakings (PSUs), employees of autonomous bodies under the Centre, Public Sector Banks, officials of statutory bodies, Central Universities, and recognized research institutes of the Central government who have served in Jammu and Kashmir.
Moreover, children of residents of Jammu and Kashmir who live outside the Union Territory due to employment or business commitments or other professional or vocational reasons may also be granted domicile status, granted their parents fulfil any of the aforementioned conditions.
Implications and Impact
The amendments brought about by this order significantly alter the employment landscape of the Union Territory, ensuring that jobs are secured for domiciles – individuals who meet the established eligibility criteria. It marks a departure from the preceding system wherein all high-ranking government posts were accessible to individuals from across the country, to one characterized by exclusivity for domiciles.
The power shift from automatic domicile assignment to the issuance of domicile certificates by the tahsildar is another crucial shift. This change embodies an administrative decision making reform, transferring the power to validate domicile eligibility and issue certificates from the central authorities to local officers.
The decision of the Ministry of Home Affairs to amend the Jammu and Kashmir Reorganisation (Adaptation of State Laws) Order-2020 indeed marks a significant development in the administrative policies governing the region, with overarching implications for residents, migrants, and government employees alike.