Recently, the Ministry of Home Affairs (MHA) of India issued the Jammu and Kashmir Reorganisation (Adaptation of State Laws) Order, 2020. This Order comes as a sequel to the actions taken on August 5, 2019, when the Centre revoked the special status of Jammu and Kashmir (J&K) under Article 370 and 35A of the Constitution. As a result, instead of enjoying a special status, J&K was bifurcated into two Union Territories (UTs), namely J&K and Ladakh.
The revoked constitutional provisions had previously allowed the state legislature to identify ‘permanent residents’, hinder non-J&K residents from buying property in the state, and secure job reservations for its residents. This special status, in some form or another, is still applicable for 12 States, including Himachal Pradesh, under Article 371. These provisions primarily deal with regulating land ownership and transfer keeping in mind the finite resources for development and maintaining the unique identity of the State.
Main Highlights of the Order
The new Order brings several important changes. For instance, it amended 109 laws, repealed 29 laws of the erstwhile State, and introduced the ‘domicile’ clause in the Jammu and Kashmir Civil Services (Decentralisation and Recruitment) Act, 2010. It replaced the clause for ‘permanent resident of the State’ under the 2010 Act with the term ‘Domicile’ of the UT.
Previously, only permanent residents of J&K could apply for gazetted and non-gazetted posts but now, non-domiciles are also eligible. However, this reservation does not extend to Group A and Group B posts. The recruitment process for these positions will be carried out by the Union Public Service Commission (UPSC), similar to other UTs.
Defining Domiciles
The criteria for defining who qualifies as a domicile includes individuals who have resided in the UT of J&K for 15 years, or pursued education for seven years and appeared in 10th/12th examinations in educational institutions in J&K, or are registered as migrants by the Relief and Rehabilitation Commissioner (Migrants).
Children of certain Central government officials who have served in J&K for a total period of 10 years also fall under this category. Additionally, children of residents of J&K who live outside the territory due to employment or business reasons qualify if their parents meet any of the aforementioned conditions.
Impact on Pension Acts and Public Safety Act
The Order has brought about changes in the Jammu and Kashmir State Legislature Members’ Pension Act, 1984, and the Public Safety Act (PSA) 1978 as well. The former, which set the pension for previous legislators and councillors, has been amended to scrap all pension benefits, such as car, driver, accommodation, phones, electricity, medical facilities and rent-free accommodation, to former J&K Chief Ministers.
On the other hand, the PSA 1978 has witnessed the removal of a clause that restricted J&K residents booked under the Act from being lodged in prisons outside the state. A significant change has also been made to the criteria for appointing the PSA advisory board; it is now headed by the Chief Secretary instead of the Chief Justice of the J&K High Court. Furthermore, sitting High Court judges can only be appointed to the board in consultation with the Chief Justice.
