The draft for ‘Local Residents of Jharkhand Bill’ of 2022 was approved by the Jharkhand cabinet on Wednesday with a cut-off year as 1932 “for proof of land records” for defining a local, reported the Indian Express. The Cabinet approved the second draft legislative proposal which seeks to increase reservation from current 50 per cent to 67 per cent in Jharkhand.
As per the report, citing its sources, both the bills will be introduced in the Assembly and after both get passed, the same will be sent to the Centre (apart from Governor) by the Jharkhand government with a proposal seeking an amendment placing the two laws in the Ninth schedule of the Constitution to avoid judicial scrutiny.
The move comes just weeks after Chief Minister Hemant Soren stirred up the issue of Jharkhand’s domicile policy during a trust vote called by him.
The report also quoted government sources as saying that the Gram Sabha will validate those people who do not have their name in the 1932 Khatiyan (proof of person’s land document) and those who don’t possess land.
Incidentally, just six months ago, the Jharkhand government had indicated that the year 1932 will not be the only basis for domicile.
“The Hemant Soren government wants to put the onus on the BJP government to bring a constitutional amendment to include the Local Resident of Jharkhand Bill of 2022 in the Ninth Schedule to keep it out of judicial review. It was done keeping in mind the massive protests and numerous litigations challenging the domicile policy brought out during the Babulal Marandi government, which was based on the last survey conducted, including 1932 as the cut-off date,” quoted the publication as its top-level source said.
The Cabinet brief related to this Bill reads: “Jharkhand ke sthaniya niwasi ki parivasa awem pehchaan hetu, Jharkhand ke sthaniya vyaktiyon ki paribhasha aur parinami samajik sanskritik aur anya laabho ko aise sthaniya vyakti ki tiyon ki vid kar vistary vyakti ki vid vid kar wiktiyon ki paribhasha aur parinami samajik (To define the Local Resident of Jharkhand and for extending the consequential, social, cultural and other benefits to such local persons, the formation of the Bill of 2022 has been approved).”
In 2016, the BJP-led Raghubar Das government in Jharkhand had notified a “relaxed domicile policy” which enumerated six ways in which one could be treated as domicile of the state.