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 reservation of jobs in Union Territory of Jammu and Kashmir, after backlash from all J&K political parties. amended order w reserve all jobs in UT for only its domiciles. previous order on April 1 opened up all government posts in J&K to everyone from rest of country, while only providing limited protections for level 4 jobs.

It stated that person shall be eligible for appointment to a post carrying a pay scale of t more than Group-4 (Rs 25,500) unless he is a domicile of UT. Centre had also redefined  residents of UT, and introduced a new domicile clause, a move that is seen as one of most significant after 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 Constitution empowered assembly to define a J&K resident, reby making only J&K residents eligible to apply for jobs or own immovable property in erstwhile state. 

Crticism from J&K parties

In a sharp criticism of domicile and reservation order by Central government, National Conference (NC) leader and former Jammu and Kashmir Chief Minister, Omar Abdullah questioned timing, calling it an 'insult is heaped on injury'. Peoples Democratic Party (PDP) chief and former CM Mehbooba Mufti called new order as 'trampling over dignity' of 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 order be put in abeyance till COVID-19 pandemic is over.

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

In a big development after abrogation of Article 370 that defined permanent residents of erstwhile state of J&K, Gazette of India order issued on April 1 redefined domiciles for UT J&K. Section 3A of J&K Reorganisation (Adaptation of State Laws) Order 2020, under 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 Relief and Rehabilitation Commissioner.' 

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order also included: “children of those central government officials, all India services officers, officials of PSUs and automous 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 conditions in sections.”  Act declared  Tehsildar as competent authority for issuing 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