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Eight months after the abrogation of Article 370 of the Constitution – the framework of which created reservations and privileges for permanent residents of Jammu and Kashmir – the Centre has now passed a new order reserving government jobs for domiciles of the Union Territory.
Late on Tuesday, 31 March, the Ministry of Home Affairs (MHA) passed the Jammu and Kashmir Reorganisation (Adaptation of State Laws) Order 2020, which modifies several laws of the former state that are still in operation, including the law for recruitments in government jobs.
Domiciles are defined as anyone who
Children of these domiciles are also automatically deemed to be domiciles of J&K (even if the children reside outside the Union Territory) as are children of central government servants who have served in J&K for 10 years.
Domicile certificates will be issued by tehsildars within their areas.
Jobs in Gazetted and non-Gazetted posts, as well as Class IV posts of the government of J&K, will now be reserved only for those who can show they have domicile status.
The concept of a permanent resident was more restricted, requiring ties to the former state and could be lost under certain conditions as well. Under the MHA’s new order, domicile status replaces permanent residency in the laws on government recruitment.
These changes do not apply to the Union Territory of Ladakh, which was previously covered under the same rules on permanent residency.
National Conference leader Omar Abdullah on 1 April lashed out at the Centre over the new domicile rules for Jammu and Kashmir, saying it was adding insult to injury for the people as they did not include any of the promised protections.
Abdullah was apparently referring to the criticism of the domicile law by Jammu and Kashmir Apni Party founder Altaf Bukhari.
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