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same order, the Centre has repealed the J&K Civil Services (Special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.
