In the latest gazette notification, Section 3A of the Jammu and Kashmir Reorganisation (Adaptation of State Laws) Order 2020, under the Jammu and Kashmir civil services (decentralisation and recruitment) Act, has been introduced to define domicile as that “who has resided for a period of fifteen years in the Union Territory of Jammu and Kashmir or has studied for a period of seven years and appeared in class 10th/12th examination in an educational institution located in the Union Territory of Jammu &Kashmir.”

Before August 5, Article 35 A of the Constitution of India (now abrogated) empowered Jammu and Kashmir assembly to define a Jammu and Kashmir resident, who alone were eligible to apply for jobs or own immovable property.

Before August 5, Article 35 A of the Constitution of India (now abrogated) empowered Jammu and Kashmir assembly to define a Jammu and Kashmir resident, who alone were eligible to apply for jobs or own immovable property.

The definition within the gazette expands to include “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 fulfill any of the conditions in sections.”

Additionally, persons registered as a migrant by the Relief and Rehabilitation Commissioner (Migrants) in the Union Territory of Jammu and Kashmir will also be included in the definition. “Children of such residents of Jammu and Kashmir as reside outside Union Territory of Jammu and Kashmir in connection with their employment or business or other professional or vocational reasons” but their parents fulfill any of the conditions provided earlier.

The provisions of the Act authorise the Tehsildar as competent authority for issuing the domicile certificate, as opposed to deputy commissioner or any officer specially notified by the state government by way of a gazette notification in the form of an SRO.

29 state laws have been repealed while 109 have been amended. As per section 5A, no person shall be eligible for appointment to a post carrying a pay scale for not more than level 4 “unless he is a domicile of Union Territory of Jammu and Kashmir.”

Through the same order, the Centre has repealed the Jammu and Kashmir civil services (special provisions) Act.

Courtesy: Indian Express