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Jammu and Kashmir Reorganisation (Adaptation of State Laws) Order, 2020

Why in news?

The Central government passed Jammu And Kashmir Reorganisation (Adaptation of State Laws) Order, 2020 recently. 

Details:

  • The order defined new domicile rule for Jammu and Kashmir (J&K) according to which a person residing in J&K for at least 15 years will now be eligible to be a domicile of the Union Territory.
     
  • If a person has studied for a period of 7 years and appeared in class 10th or 12th examination in an educational institution located in the UT of J&K will also be considered as the domicile of the UT. 
     
  • Tehsildar shall be the competent authority for issuing the domicile certificate, as opposed to Deputy Commissioner.
     
  • Section 5-A states that no person shall be eligible for appointment to a post carrying a pay scale for not more than level 4 unless he is a domicile of UT of J&K.
     
  • Through the same order, the Centre has repealed the J&K Civil Services (Special Provisions) Act.
     
  • The order also amended the Jammu and Kashmir State Legislature Members’ Pension Act,1984 which fixes the pension for former legislators and councillors.
  • The notification scraps all pension benefits such as car, driver, accommodation, phones, electricity, medical facilities and rent-free accommodation to former J&K Chief Ministers.
  • The order has also made amendments to the Public Safety Act (PSA) 1978 by removing a clause that prohibited J&K residents booked under the Act to be lodged in jails outside.
  • It changes the criteria for appointing the PSA advisory board on the recommendation of a search committee headed by the Chief Secretary instead of the Chief Justice of the J&K High Court.
  • The advisory board has a crucial role to play in release of detenus under the PSA.
  • It also bars sitting High Court judges to be made part of the board without the Chief justice’s consultation.
  • The order also scraps a clause that deals with the power to regulate place and conditions of detention.

The Jammu and Kashmir Reorganisation Act, 2019 

  • It is an act of the Parliament of India. 
  • It contains provisions to reconstitute the Indian-administered state of Jammu and Kashmir, into two Indian-administered union territories, one to be called Jammu and Kashmir, and the other Ladakh
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September 2022
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