J&K Civil Services (Decentralization & Recruitment) Act 2010
Source | Press Information Bureau
GS Paper I: Post-independence consolidation and reorganization within the country.
Context: Union Cabinet has given its approval for the Jammu & Kashmir (Adaptation of State Laws) Second Order, 2020 issued under section 96 of Jammu & Kashmir Reorganisation Act, 2019.
- This order has further modified the applicability of Domicile conditions to all level of jobs in the Union territory of Jammu & Kashmir under the Jammu & Kashmir Civil Services (Decentralisation and Recruitment) Act, 2010.
What you need to know about Jammu & Kashmir Reorganization Order (2020)?
Jammu and Kashmir Reorganisation Order would allow citizens from other states to become permanent residents of the union territory of Jammu and Kashmir. Previously, Article 370 reserved lands and jobs only for ‘permanent residents’, the definition of which has been altered to domiciles through the approval of the new order.
Under this new law, any person or children of a parent who has resided in the union territory of Jammu and Kashmir for at least 15 years or who has studied for a period of seven years and appeared in class 10 or 12 examinations in an educational institution located in the territory will be eligible to become a permanent resident.
Furthermore, central government officials who have served in the region for at least 10 years will also be provided domicile status along with their children.
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A migrant registered by the Relief and Rehabilitation Commissioner of the Union Territory will also be eligible to be domicile.
This notification was issued by the Ministry of Home Affairs in exercise of the powers provided by section 14 under section 96 of the Jammu and Kashmir Reorganisation Act, referred to as the J&K Civil Services (Decentralization and Recruitment Act).
This law would allow people with a domicile status to apply for gazetted or non-gazetted jobs.
Initially, the Home Ministry issued an order that provided protection to domiciles in “Group D and entry-level non gazetted government posts,” i.e. a post carrying a pay-scale of not more than level 4. However, political parties in Kashmir showed discontent to this new law stating it was discriminatory towards the citizens of the state.
Hence, on April 3, 2020, a fresh order was issued that would reserve any post in the government for the domiciles including senior positions in the group A and B categories.
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PRELIMS Background Bites
About Jammu and Kashmir Reorganization Act, 2019
The Jammu and Kashmir Reorganisation Act, 2019 contains provisions to reconstitute the Indian-administered state of Jammu and Kashmir, a part of the larger region of Kashmir which has been the subject of dispute among India, Pakistan, and China since 1947, into two Indian-administered union territories called Jammu and Kashmir, and Ladakh, on 31 October 2019.
A bill for the act was introduced by the Minister of Home Affairs, Amit Shah, in the Rajya Sabha on 5 August 2019 and was passed on the same day.
The introduction of the bill was preceded by a presidential order under Article 370 of the Indian constitution that revoked Jammu and Kashmir’s special status.
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