In an unprecedented move, the Union home ministry on Friday evening amended the new domicile rule for Jammu and Kashmir after it attracted massive backlash from political parties and leaders in the Union Territory.
The amended order declares that all civil servant jobs in the newly created Union Territory will be reserved for its residents.
The Ministry of Home Affairs announced it through a Gazette notification making changes in the Jammu and Kashmir Civil Services (Decentralization and Recruitment) Act, 2010.
As per the order, the civil servant will be a “domicile of Union territory of Jammu and Kashmir”.
“In exercise of the powers conferred by section 96 of the Jammu and Kashmir Reorganisation Act, 2019 (34 of 2019) and of all other powers enabling it on that behalf, the Central Government hereby makes the order in respect of the Union Territory of Jammu and Kashmir,” the order mentions.
This order may be called the Jammu and Kashmir Reorganisation (Adaptation of State Laws) Second Order, 2020, the notification said, adding the order shall come into force with immediate effect.
“The General Clauses Act, 1897 applies for the interpretation of this order as it applies for the interpretation of laws in force in the territory of India.
“With immediate effect, the Act mentioned in the schedule to this order shall, until repealed or amended by a competent legislature or other competent authority, have effect, subject to the adaptations and modifications directed by the schedule to this order,” the notification mentioned.
In the earlier version notified on Tuesday evening, the home ministry had reserved only subordinate posts for the domiciled residents. For other jobs under the union territory, people from any part of the country could apply.
Now, the new order makes jobs in the UT administration out of bounds for non-residents.
However, there has been no change in the order stating that any person who has resided in Jammu and Kashmir for a period of 15 years will be deemed as domicile of the union territory.
The Central government on Wednesday issued a gazette notification announcing a slew of amendments to 138 Acts of Jammu and Kashmir that include protecting jobs up to Group-4 (equivalent to the rank of constable in police parlance) for only those who are domiciles of the union territory.
According to the notification, anyone who has resided in Jammu and Kashmir for 15 years or has studied in the state for seven years, and appeared in either the Class 10 or the Class 12 examination, will be eligible for domicile certificates. This would allow them to apply for gazetted and non-gazetted government jobs.
The government has issued new domicile laws for the residents over eight months after the abrogation of Article 370 and bifurcation the erstwhile state into two union territories.
The April 1 amendment to the domicile law had triggered protests in the Valley with former chief minister Omar Abdullah and Jammu and Kashmir Apni Party (JKAP) terming it as an “insult”.