Evolution and Development of Domicile Law in Jammu and Kashmir: A Study from Hereditary State Subject Act 1927 to Domicile Law 2020

Abstract

Erstwhile State of Jammu and Kashmir (now divided into two union territories: Jammu and Kashmir Union Territory and Ladakh Union Territory) enjoyed a unique special status in the Union of India. In the Constitution of India, Article 370 and 35A were inserted to give autonomy to the State Legislature in a number of matters including the Domicile Law. Erstwhile state had the legacy of domicile law in the form of State-Subject Law since 1927 during the Dogra rule which was continued after the independence with some modifications in form of “Permanent Residents” of Jammu and Kashmir recognized in the Constitution of India under Article 35A and Constitution of Jammu and Kashmir in the Section 6. According to Permanent Presidentship rules of Jammu and Kashmir, residents of the erstwhile state enjoyed some special rights and privileges in Jammu and Kashmir viz a viz other citizens of India. They were entitled to buy land, get government jobs and scholarships and right to vote in the State which were denied to other citizens of India. This was provided to protect the distinct identity and economic interest of the residents of Jammu and Kashmir. But present government has revoked all these provisions and came out with a new domicile policy for Jammu and Kashmir Union Territory in 2020. The present Article will analyse the current domicile law introduced in Jammu and Kashmir while exploring the factor responsible for the evolution of and the transition in the domicile policy of Jammu and Kashmir from Hereditary State Subject to Domicile Law.