PDP slams Centre's domicile law for J&K, alleges 'deprivation of constitutional rights'

The Mehbooba Mufti-led Peoples Democratic Party on Wednesday alleged that the Centre’s new domicile law would increase the problems for the residents of Jammu and Kashmir. Contending that this move had deprived the Kashmiris of their constitutional rights, the PDP claimed that people would be alienated even more. Moreover, it accused the Union government of taking away the right of the local J&K leaders to govern their territory.  

Read: Altaf Bukhari Launches 'J&K Apni Party'; Demands Statehood & Domicile Rights For Kashmir

Read: Centre Defines Domicile For J&K, Includes Those Living For 15 Years & Registered Migrant

Centre issues order pertaining to UT of J&K

On March 31, the Centre issued the ‘Jammu and Kashmir Reorganisation (Adaptation of State Laws) Order, 2020’ in respect of the Union Territory of J&K. This has been done in exercise of the powers conferred by the Jammu and Kashmir Reorganisation Act, 2019. Basically, the order has determined the validity of the state laws to be enforced in the new Union Territory. While some Acts such as ‘The Jammu and Kashmir State Aid to Industries Act, 1961’ have been entirely repealed, laws such as ‘The Jammu and Kashmir Civil Services (Decentralization and Recruitment) Act, 2010’ have been amended. The order will come into operation from immediate effect. 

Read: Omar Abdullah Terms Centre's New J&K Domicile Law 'hollow'; Calls Timing As 'suspect'

The domicile legislation

A new clause defining domicile has been inserted in the ‘The Jammu and Kashmir Civil Services (Decentralization and Recruitment) Act, 2010’. The provisions of this Act will be applicable to all gazetted and non-gazetted posts of the government. Furthermore, they shall also apply to the class IV posts of any department of the government and organizations substantially controlled by the Union Territory. For the purpose of availing a job carrying a pay scale of not more than Rs.25,500, the following person will be deemed as a domicile: 

1. Who has resided for a period of fifteen years in the Union territory of J&K or has studied for a period of 7 years and appeared in Class 10th /12th examination in an educational institution located in the Union territory of J&K or who is registered as a migrant by the Relief and Rehabilitation Commissioner (Migrants) in the Union territory of J&K. 
2. The children of those Central Government officials, All India Services Officers, officials of Public Sector Undertaking 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 J&K for a total period of 10 years.
3. The children of parents who fulfil any of the conditions in section (1). 
4. The children of such residents of Union territory of J&K who are residing outside Union Territory of J&K in connection with their employment or business or other professional or vocational reasons but their parents fulfil any of the conditions provided in section (1).

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