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Centre expands domicile rule for J&K: Who is a domicile in Jammu and Kashmir?

Domicile is defined as a person who has lived in the Union Territory of J&K for at least 15 years.

Apr 3, 2020 12:16 IST
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The centre redefined the domicile rule for Jammu and Kashmir on March 31, 2020 to include people who have been living in the union territory for at least 15 years.

This means that those who have been living in Jammu and Kashmir for at least 15 years will now be eligible to be called domicile of the Union Territory. 

The centre in the latest gazette notification introduced Section 3A of the Jammu and Kashmir Reorganisation (Adaptation of State Laws) Order 2020 under J&K Civil Services (Decentralization and Recruitment) Act to define domicile of the Union Territory.

Who is a Domicile in J&K?

Domicile is defined as a person who has lived in the Union Territory of J&K for at least 15 years or has studied there for at least seven years and appeared in Class X or Class XII examinations in any school in the region or who is registered as a migrant by the Relief and Rehabilitation Commissioner (Migrants) in the Union territory of Jammu and Kashmir.

State jobs to be reserved for ‘Domicile’

The Ministry of Home Affairs on April 1, 2020 ordered for the adaptation of the Jammu and Kashmir state laws 2020. The Ministry stated that the laws shall come into force with immediate effect. Among the 138 state laws, 25 have been revoked while others have been substituted. Under the new laws, state jobs will be reserved for those who fulfil the criteria of being a ‘domicile’ of the union territory.

Anyone who shall be deemed as a domicile of the UT shall be eligible for appointment to any post with a pay scale of not more than Level-4 under the UT or any local authority within the territory. 

Who is a Permanent Resident in J&K?

Earlier, the J&K constitution had defined permanent residents as those who were either born or settled in J&K before 1911 or have been residing in the state for 10 years. 

Repeal of Article 35-A: Background

Article 370 and Article 35-A, which gave Jammu and Kashmir a special status and defined a J&K resident respectively were revoked by the central government on August 5, 2019. The state was then bifurcated into two union territories- J&K and Ladakh.

Article 35-A defined the permanent residents of Jammu and Kashmir and gave them special rights. The article empowered the J&K legislature to define “permanent residents” of the state and provide them with special rights and privileges.

Under the article, only permanent J&K residents were eligible to own immovable property in the state or get employment under the state government or have right to state scholarships. 

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