J&K makes case for domicile policy

Arteev Sharma in Jammu

The recent controversy over a notification of the Jammu and Kashmir High Court — common to the new Union Territories of J&K and Ladakh — inviting applications for 33 posts from across the country has sent jitters across Jammu and Kashmir.

It has escalated fears among the residents of losing not only jobs but also land to “outsiders” post revocation of Article 370 that granted J&K special status.

The resentment also has its roots in the Centre’s announcement in the Rajya Sabha on December 11 that it would not bring any legislation on the lines of Article 371 for protection of land and property in J&K.

Amid uncertainty and the Centre’s continued silence on protection of jobs and land for locals, the demand for having a domicile policy for the residents of J&K has gained momentum, with Opposition parties leading the charge.

Ironically, though there has been virtual silence in Kashmir, resentment has been brewing among stakeholders in Jammu region, which otherwise welcomed the scrapping of Article 370.

The prevailing situation has reportedly led to the J&K administration sending a proposal to the Centre to finalise modalities for issuing domicile certificates to residents of the UT on the pattern of neighbouring Himachal Pradesh.

What the move will entail

J&K plans to consider the proposal for protection of the interests of residents with regard to jobs and land, which Article 370 ensured. A cap of 15 years of residency has reportedly been recommended.

In case the Union Ministry of Home Affairs accepts the recommendations on introducing the Himachal-pattern domicile policy, it would not only soothe frayed nerves and silence the Opposition parties, but also ensure the control of local authority within the UT over jobs, besides regulating the use of land for outsiders.

It will also help the government fulfil the demand of political parties to preserve the ethnic culture of Dogras, Kashmiris, Gujjars, Paharis and other communities on the pattern of Himachal and northeastern states under Article 371 or through other means.

Earlier arrangement

Till the formal bifurcation of the erstwhile state of J&K on October 31 last year, the people of Jammu and Kashmir enjoyed special status granted under Articles 370 and 35A.

Under Article 370, the nod of J&K Assembly was required to apply any law passed by Parliament. The law of citizenship, ownership of property and fundamental rights of the residents of Jammu and Kashmir was different from the residents living in the rest of India.

Under Article 370, citizens from other states could not buy property in J&K, and the Government of India had no power to declare financial emergency in the erstwhile state of J&K.

Similarly, Article 35A gave the J&K legislature full discretionary powers to decide on who the “permanent residents” of the state were.

It gave “permanent residents” special rights and privileges regarding employment with the state government, acquisition of property in the state, settling in the state, and the right to scholarships and other forms of aid that the state government provides.

It also allowed the state legislature to impose any restrictions on persons other than permanent residents regarding employment and acquisition of property.

Under the Himachal Pradesh domicile policy, a bonafide Himachali “is a person who has a permanent home in Himachal Pradesh and includes a person who has been residing in Himachal Pradesh for a period of not less than 20 years (earlier it was 15 years) or a person who has a permanent home in Himachal Pradesh but living outside Himachal on account of his occupation”.

There are also conditions listed under which children of those persons who are entitled to grant of certificate of bona fide Himachali are also granted domicile certificates, and hence become eligible for benefits, be it for education or other purposes.

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