Domicile Policy of Jharkhand
What does the draught “Local Resident of Jharkhand Bill” aim to accomplish?
- According to the Bill, a local is defined as a person whose name or the name of his ancestors is listed in the survey or khatiyan from 1932 or earlier.
- The Gram Sabhas are responsible for identifying local people who are landless based on factors including culture, tradition, and local customs.
Why 1932?
- According to the draught Bill, migration from other states to Jharkhand before and after 1932 has had a severe impact on the living conditions, traditions, and social development of the moolwasis and people from tribal communities (erstwhile Bihar). This fact serves as the foundation for the notion of local folks.
What advantages will residents receive?
- Locals will be granted certain rights, such as preferential treatment for: 1) their land; 2) their stake in local river and lake development; 3) their participation in local traditional, cultural, and commercial enterprises; and 4) their rights regarding agricultural debt or the ability to obtain agricultural loans. 5) for social security; 6) for employment in the public and private sectors; and 7) for trade and business inside the state.
Will this legislation survive a court challenge?
- A similar measure was also introduced by the Jharkhand government in 2002, but it was rejected by the courts.
- The Jharkhand cabinet note now explicitly states that this Act will not take effect until it is added to the Constitution’s Ninth Schedule in order to escape legal review.
- There is a list of federal and state laws that cannot be challenged in court under the Constitution’s Ninth Schedule. However, the courts have previously ruled that it may be subject to review if it infringes upon fundamental rights or the fundamental principles of the Constitution.
- In order to include the Act in the Ninth Schedule, the state administration will present the Act to the Centre and ask for a constitutional change.
