NEW DELHI: Seven months after scrapping the special status of Jammu and Kashmir, the centre has issued rules defining domicile of the newly created Union Territory. An individual who has resided in Jammu and Kashmir for a period of fifteen years, or has studied for a period of seven years and appeared for the tenth or twelfth standard examination in an educational institute in J-K, will now be eligible for the domicile of the union territory (UT). The Union Ministry of Home Affairs (MHA) issued a gazette notification stating that government jobs will be reserved for only domiciles of J&K.
On August 5, 2019, the Central government passed the J-K Reorganisation Bill, bifurcating the erstwhile state into two UTs. It also abrogated article 35A, which granted powers of defining a permanent resident of J-K to the state assembly. The right to own property and several other benefits of government jobs and schemes were exclusive to the “state subjects”, or the permanent resident of J-K. An unprecedented clampdown was also imposed with communication blackout in place.
On Tuesday, the MHA issued Jammu and Kashmir Reorganisation (Adaption of state laws) order 2020, inserting "domicile" clause to the J&K civil services (Decentralization and Recruitment Act). The provisions of the Act shall apply to reservation of domiciles in "all the gazetted and non-gazetted posts, class IV posts of the government.
Replacing “permanent resident of the state” with “Domicile of Union Territory of Jammu and Kashmir”, the notification states that it is for purpose of appointment to any service in UT of J-K. The domicile would also be given to people registered as a migrant by the Relief and Rehabilitation Commissioner (Migrants) in the UT of J-K. The notification said, “Children of such residents of J&K as reside outside UT of J&K in connection with their employment or business or other professional or vocational reasons” but their parents fulfil any of the conditions provided earlier.
The domicile definition has also included “children of those central government officials, all India services officers, officials of PSUs and autonomous body of central government, public sector banks, officials of statutory bodies, officials of central universities and recognised research institutes of central government who have served in Jammu and Kashmir for a total period of ten years or children on parents who fulfil any of the conditions in sections.”