Jharkhand’s domicile Bill

Jharkhand, a state located in Eastern India, has recently proposed a piece of legislation that has raised concerns regarding its legality. The proposed bill, known as Jharkhand’s Domicile Bill, defines the locals in the state based on 1932 land records and has been returned for review by the Governor, Ramesh Bais, due to his concerns about its legality.

Definition of Locals

The Jharkhand’s Domicile Bill proposes that only individuals who are defined as locals under the bill are eligible for appointment to class 3 and class 4 positions in the state government. The bill defines locals as individuals who have lived in the state for at least 15 years or those who have ancestors who have lived in the state for at least 15 years based on the 1932 land records.

Constitutional Concerns

The bill has been returned for review by the Governor due to concerns that it goes against Article 16 of the Indian Constitution, which guarantees equality in employment. Article 16 states that all citizens shall have the right to equal opportunity in matters of public employment and that no citizen shall, on grounds only of religion, race, caste, sex, descent, place of birth, residence or any of them, be ineligible for, or discriminated against in respect or, any employment or office under the State.

The bill’s proposal that only local individuals are eligible for appointment to class 3 and class 4 positions in the state government goes against this constitutional guarantee of equality in employment. It also goes against the provision in the Indian Constitution that allows only the central government to impose restrictions on matters concerning employment.

Opposition to the Bill

The proposed legislation has received criticism from various quarters, including political parties, civil society groups, and legal experts who have raised concerns about its legality and the impact it could have on the rights of individuals living in the state. Some have argued that the bill goes against the principles of equality and non-discrimination enshrined in the Indian Constitution.