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J&K WILL HAVE A DOMICILE POLICY

Focus: GS-II Governance

Why in news?

  • Union Home Minister Amit Shah on 15th March 2020, assured members of the newly formed Apni Party of Jammu and Kashmir that the intention of the government was not to bring in any “demographic changes” in the region.
  • Mr. Shah informed a party delegation that J&K would have a “better domicile policy than other States in the country”.

Background

  • On August 5, 2019, the Centre revoked the special status of J&K under Article 370 and Article 35A of the Constitution.
  • The two revoked provisions had enabled the J&K Assembly to decide the “permanent residents” of the erstwhile State, prohibiting people from outside from buying property and ensuring job reservation for residents.

Special Status of States

  • There are 12 States where provisions granting special status under Article 371 of the Constitution apply.
  • The special provision for J&K will ensure protection to domiciles of J&K in government jobs, educational institutions and land rights.

States that have special provisions under Article 371(A-J):

Article 371 – Maharashtra and Gujarat

Governors of the states of Maharashtra and Gujarat are given special responsibilities to set up development boards in regions such as Vidarbha, Marathwada, Kutchh etc.

Article 371A – Nagaland

Article 371A of the Constitution mainly states that no act of Parliament would apply to the state of Nagaland in matter relating to religious or social practices of Nagas, Naga customary law and procedure, administration of civil or criminal justice involving decisions according to Naga customary law and ownership and transfer of land and its resources. The Legislative Assembly of Nagaland must pass a resolution for an act to be applicable to the state.
The governor is given special responsibilities with respect to law and order in the state as well.

Article 371B – Assam

According to the special provision under Article 371B, the president may provide for the Constitution and functions of a committee of Legislative Assembly of the state consisting of members elected from the tribal areas of Assam.

Article 371C – Manipur

The special provision under Article 371C in the case of Manipur is similar to 371B for Assam. Here, too, the president may provide for the Constitution and functions of a committee of Legislative Assembly of the state, but consisting of members elected from the hill areas of Manipur.

The governor must submit an annual report to the president regarding the administration of hill areas as well.

Article 371D & E – Andhra Pradesh

Article 371D, which was added to the Constitution in 1974, provides equitable opportunities and facilities for the people of the state and safeguards their rights in matters of employment and education. The state government may organise civil posts or direct recruitment to posts in local cadre as required.

Article 371E states that the Parliament may by law provide for the establishment of a University in Andhra Pradesh.

Article 371F – Sikkim

Article 371F was incorporated into the Constitution in 1975. It states that the Legislative Assembly shall consist of not less than 30 members. In order to protect the rights and interests of the different sections of the population in the state of Sikkim, seats in the assembly are provided to people of these different sections.

Article 371G – Mizoram

The Legislative Assembly of the state of Mizoram must consist of not less than 40 members. In addition, following the same provisions as Nagaland, an act of Parliament would not apply to Mizoram in matters relating to religious or social practices of Mizo, Mizo customary law and procedure, administration of civil or criminal justice involving decisions according to Mizo customary law, ownership and transfer of land and its resources.

Article 371H – Arunachal Pradesh

The Legislative Assembly of the state of Mizoram must consist of not less than 30 members. The governor will have special responsibility with respect to law and order in the state.

Article 371I – Goa

The Legislative Assembly of the state of Goa must consist of not less than 30 members.

Article 371J – Hyderabad-Karnataka region

Article 371J grants special status to six backward districts of Hyderabad-Karnataka region. The special provision requires that a separate development board be established for these regions (similar to Maharashtra and Gujarat) and also ensures local reservation in education and government jobs.

Domicile

  • In law, domicile is the status or attribution of being a lawful permanent resident in a particular jurisdiction.
  • A person can remain domiciled in a jurisdiction even after he has left it, if he has maintained sufficient links with that jurisdiction or has not displayed an intention to leave permanently (i.e. if that person has moved to a different state but has not yet formed an intention to remain there indefinitely).

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