In a big jolt to ruling JMM/Congress alliance government headed by Chief Minister Hemant Soren, the Governor Ramesh Bais returned the 1932 Domicile Bill passed by the Jharkhand Assembly in 2022 for further review its legality in accordance with the Constitution as well as The Supreme Court orders.
The Governor returned the bill saying that this local policy formulated by present government will give rise to unnecessary debate. The Raj Bhavan has said that the ‘Jharkhand Definition of Local Persons and Extension of Consequential Social, Cultural and Other Benefits to Such Local Persons Bill, 2022’ has been returned to the for review. He has said that the state government should review the legality of this bill so that it is in accordance with the constitution and in accordance with the orders and directions of the Supreme Court.
The bill proposes to define locals in Jharkhand, created on November 15 2000, on the basis of 1932 khatiyan (land records) and reserve the class III and IV jobs for them.
According to this Act, a person having domicile of Jharkhand shall mean a person who is an Indian citizen and resides within the territorial and geographical limits of Jharkhand and his or his ancestor’s name is recorded in the survey/khatian of 1932 or earlier . It mentions that only local persons identified under this act will be eligible for appointment against class-3 and 4 of the state.
During the review of the Bill, it has been found clear that in Article 16 of the Constitution, all citizens have equal rights in the matter of EMPLOYMENT. According to Article 16(3) of the Constitution, only the Parliament has been empowered to impose any kind of conditions in the case of employment under Section 35 (A) under special provision. The State Legislature does not have this power. AVS Narasimha Rao and others v. Andhra Pradesh and others (AIR 1970 SC 422) also clearly explained that the power to impose any kind of conditions in the matter of employment rests only with the Parliament of India. Thus, this bill is against the provision of the constitution and the order of the Supreme Court.
Notably, Jharkhand is a scheduled area under the state which is covered under the Fifth schedule. Clear guidelines have been issued by the Constitution Bench of the Supreme Court on the subject of giving 100 percent reservation in employment to the local people in the said areas. In the said order also, the powers vested in the Governor to impose conditions for appointments in the Scheduled Areas were declared by the Supreme Court to be contrary to Article 16 of the Constitution.