Reshaping Domicile Laws in Jammu Kashmir

To ensure the application of laws for administrative effectiveness and smooth transition in Union Territory of Jammu Kashmir, Central Government has on 31st March, 2020 passed an Order via gazette notification through its Ministry of Home Affairs. Under sec. 96 of J&K Reorganisation Act of 2019, Central government has been conferred with powers to issue this Order.

This Order i.e. The Jammu and Kashmir Reorganisation ( Adaptation of State Laws) Order 2020  has a schedule attached to it which mentions 138 State Acts of J&K. A number of acts like J&K State Finance Commission Act or J&K State Forest Corporation Act have been repealed in toto by this Order, rest have been amended and modified in its application to J&K.

Order says,

"the Acts mentioned in the Schedule to this Order shall, until repealed or amended by a competent Legislature or other competent authority, have effect, subject to the adaptations and modifications directed by the said Schedule, or if it is so directed, shall stand repealed."

Most striking feature of this order is the insertion of “Domicile” clause in sec. 2 of “The Jammu and Kashmir Civil Services (Decentralisation and Recruitment) Act for the purpose of appointment to any service in UT of JK. 

Though the definition of “Domicile“ has been provided in Sec. 3A. It states that, any person who has resided for 15 years in the UT of JK or has studied for a period of 7 years and appeared in 10th or 12th examination in educational institution of located there. Registered migrants at J&K would also be eligible to apply for the Domicile certificate. Apart from this, wards of Central govt. officials, PSUs, Public sector banks and other specified bodies, parents of whom have served the J&K for a total period of 10 years shall also be deemed to be domicile of J&K, inter alia.

Amendments and modifications through this Order mostly consist of substitution of terminology at various places in different statutes of J&K. Like “State” substituted with “UT of J&K”, “Governor to State” with “Lt. Governor of UT of J&K” and “Ranbir Penal Code” with “Indian Penal Code, Criminal Procedure Code, Civil Procedure Code”. It also specify, enhancement of fine amount under various State acts e.g. under sec. 15(2) of J&K Ancient Monument Preservation Act, fine has been increased from one thousand rupees to fifty thousand rupees.

It is in common parlance that erstwhile State of Jammu Kashmir has been bifurcated into two Union Territories with coming up of J&K Reorganization act 2019 into force on 31st October, 2019. Since then, continuous developments are taking place in this region, whether it is a field of law and order, security, public welfare or Socio – economic development.

With initiated efforts of Government of India an atmosphere of separatist propaganda and cross border terrorism has been faded to a large extent, which is in the interest of ordinary person of J&K.

Central government seems to be making each possible effort to reach the door step of individuals at grass root level in J&K and provide them the advantage of developmental programmes and schemes like “back to village programme” or “strong anti corruption measures”. This has restored the faith of common man in governance by authorities.

On the same day i.e. March 31st 2020, President of India has also passed an  Order for UT of J&K and UT of Ladakh i.e.  Jammu and Kashmir Reorganisation (Removal of Difficulties) Order, 2020 with the purpose of effecting the amendments in certain Constitutional provisions like art. 217, 219, 227 and 237 as mentioned under chapter 5 and 6. With passing of this Order, “Governor to the State” shall be construed as “Lieutenant Governor, UT of J&K”.

As per current position, all the central laws of India are applicable to UT of J&K since the Reorganisation Act of 2019 came into force.