J&K Reorganisation (Adaptation of State Laws) Order, 2020: New domicile rule for J&K
On August 6 last, the Centre revoked J&K’s special status under Article 370 and Article 35A of the Constitution and bifurcated it into J&K and Ladakh UTs.
Key highlights New domicile rule for J&K
- The domiciles have been defined as those who have resided for a period of 15 years in the Union Territory of Jammu and Kashmir.
- Those who have studied for a period of seven years and appeared in Class 10-12 examination in educational institutions located in J&K.
- The domiciles also include children of those central government officials who have served in J&K for a total period of ten years.
- According to section 5A of The Jammu and Kashmir Civil Services (Decentralization and Recruitment) Act:
- No person shall be eligible for appointment to a post carrying a pay scale of not more than Level-4 (25500) unless he is a domicile of the Union Territory of Jammu and Kashmir.
- Level 4 includes posts including Junior Assistant, Constable, which is considered as the lowest category of non-gazetted posts.
- This means domiciles of J&K UT would have an exclusive right on class 4th and non-gazetted posts.
- While all Indian citizens including J&K domiciles would be eligible for remaining non-gazetted and gazetted posts.
- The law has empowered Tehsildars within their territorial jurisdiction to issue domicile certificates.
- The government of J&K UT has also been empowered to notify any other officer to be the competent authority for the issuance of a domicile certificate.
Earlier Position:
- Section 35A which was associated with Article 370 had given the legislative assembly of the state the power to define a Jammu and Kashmir resident.
- Before August 5, all jobs in the erstwhile state of J&K were exclusively reserved for permanent residents of the State.