The grand old party of Jammu and Kashmir, National Conference, on Tuesday termed the new domicile order and rules issued by the government as "unacceptable" and said it is aimed at disempowering people of region and changing the demography of the Union Territory.
A party spokesperson said that an ‘ambiguous and misleading’ domicile order would open flood gates towards Jammu and Kashmir and it would push people with valid state subject certificates to uncertainty and hardship. The spokesperson said that no benefits would be available for the people of J&K unless they obtain domicile certificates under the rules.
The Jammu and Kashmir government on Monday notified Jammu and Kashmir Grant of Domicile Certificate (Procedure) Rules, 2020. These rules prescribe the procedure for issuance of Domicile Certificate, which has been made the basic eligibility condition for appointment to any post under the UT of Jammu and Kashmir. Under the rules, 15 days will be required for issuance of the certificate, after which the applicant shall be free to approach an Appellate Authority.
The National Conference said the timing of the order and procedure was grossly "inappropriate and unethical" and accused the government of India of finding “opportune time” in the pandemic to push "anti-people and unconstitutional" measures in J&K.
The National Conference said both the domicile order and rules issued on Monday for grant of domicile certificate are made in exercise of power under the Jammu and Kashmir Reorganization Act 2019. “The J&K Reorganisation Act is under challenge in number of petitions before the Supreme Court. The hearing of the petitions before the Constitution Bench has commenced and is proceeding ahead. When the constitutional validity of the Act is under consideration of the Court, the government was under an obligation to desist from exercising powers under the very Act including the power to promulgate Domicile law and Rules in question,” the party spokesman added.
Without mentioning the abrogation of Article 370 and bifurcation of Jammu and Kashmir into two Union Territories, the party took a cautious route saying, “It has taken a principled stand on the floor of the Parliament and outside that the decisions of August 5, 2019 are unconstitutional, unilateral and also against the federalism, the basic structure of the Constitution.”
On August 5, 2019, the central government revoked Article 370 and Article 35A of Indian constitution amid lockdown, communication blockade and arrest of thousands of people including three former chief ministers, Dr. Farooq Abdullah, Omar Abdullah and Mehbooba Mufti. The government released both Farooq Abdullah and Omar after over seven month long preventive detention. Since their release, both the leaders are being accused of not talking about political issues confronting the UT.
