Centre amends its 2-day old reservation of jobs order after backlash from J&K parties

In a major flip, Centre on Friday amended its two-day-old order on the reservation of jobs in the Union Territory of Jammu and Kashmir, after backlash from all J&K political parties. The amended order now reserve all jobs in the UT for only its domiciles. The previous order on April 1 opened up all government posts in J&K to everyone from rest of the country, while only providing limited protections for level 4 jobs.

It stated that no person shall be eligible for appointment to a post carrying a pay scale of not more than Group-4 (Rs 25,500) unless he is a domicile of the UT. Centre had also redefined the residents of the UT, and introduced a new domicile clause, a move that is seen as one of the most significant after the abrogation of Article 370.

Centre spells out rules for domicile rights in J&K; NC and Apni Party leaders cry foul

Before J&K was stripped of its special status granted under Article 370 and bifurcated into two UTs, Article 35 A of the Constitution empowered the assembly to define a J&K resident, thereby making only J&K residents eligible to apply for jobs or own immovable property in the erstwhile state. 

Crticism from J&K parties

In a sharp criticism of the domicile and reservation order by the Central government, National Conference (NC) leader and former Jammu and Kashmir Chief Minister, Omar Abdullah questioned the timing, calling it an 'insult is heaped on injury'. Peoples Democratic Party (PDP) chief and former CM Mehbooba Mufti called the new order as 'trampling over dignity' of the people of J&K. 

In an exception, Jammu Kashmir Apni Party (JKAP) president Syed Mohammad Altaf Bukhari, seen to be closely working with Delhi also called it 'unfortunate' and demanded that the order be put in abeyance till the COVID-19 pandemic is over.

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Centre introduces new domicile clause, redefines residents of J&K

In a big development after the abrogation of Article 370 that defined the permanent residents of the erstwhile state of J&K, the Gazette of India order issued on April 1 redefined domiciles for the UT J&K. Section 3A of the J&K Reorganisation (Adaptation of State Laws) Order 2020, under the J&K civil services (decentralisation and recruitment) Act, states that a domicile of J&K is one 'who has resided for 15 years in J&K, or has studied for 7 years and appeared in Class 10/12 exam in J&K, or is registered as migrant by the Relief and Rehabilitation Commissioner.' 

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The order also included: “children of those central government officials, all India services officers, officials of PSUs and autonomous body of the central government, public sector banks, officials of statutory bodies, officials of central universities and recognised research institutes of the 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.”  The Act declared the Tehsildar as the competent authority for issuing the domicile certificate. Additionally, 29 state laws have also been repealed, while 109 have been amended. 

Centre defines domicile for J&K, includes those living for 15 years & registered migrant