Srinagar: Political parties in Jammu and Kashmir on Tuesday strongly opposed Domicile rules notified by the government a day ago and demanded its immediate revocation.
National Conference, Peoples Conference, Congress, J&K Apni Party and CPI (M) objected to it decrsibing it as ‘unconstitutional’.
A statement issued by NC questioned the legal validity of the new Domicile rules saying that law and associated rules prescribing the procedure for grant of domicile certificate had been made under the Jammu and Kashmir Reorganization Act 2019, which is under legal challenge in Supreme Court.
“The constitutional validity of the Act impugned and the petitions under consideration of the Court, the Government of India in tune with the universally accepted principle of “constitutional proprietary”, is under an obligation to desist from exercising powers under the impugned Act including the power to promulgate Domicile law and Rules in question, ” it said.
“…have taken a principled stand on the floor of the Parliament and outside that taking away special status and constitutional guarantees available to Jammu and Kashmir and dividing and downgrading the state are unconstitutional, unilateral as also against the federalism, the basic structure of the Constitution,” the NC said.
The post August 5 events in Jammu and Kashmir, it said, “also indicate massive public disapproval of the decisions in all the three regions”.
The party said that the Domicile Order and rules would not be acceptable at any point of time as the measures were “aimed at disempowering the people of Jammu and Kashmir and effecting demographic change”.
The timing of the domicile law and the rules in question were also “grossly inappropriate and unethical inasmuch as when entire mankind including the people of Jammu and Kashmir are in complete lockdown engaged in battle of survival against Coronavirus, the Government of India has found this opportune time to push in the measures palpably anti people and unconstitutional”.
The party said it will continue its struggle through all peaceful means for realisation of political aspirations of the people of Jammu, Kashmir and Ladakh and urged the government of India to immediately revoke the Domicile Order and Procedure as these measures will widen the gulf between the people of Jammu and Kashmir and the rest of the country hence adding to alienation.
Peoples Conference also while opposing the law said it is aimed at further “disempowering and disenfranchising the people of erstwhile state of J&K”.
“At a time when countries and societies across the world are focused on fighting the deadly pandemic, the people of J&K have to additionally endure psychological torture in the wake of orders issued at frequent intervals informing them and reminding them of their disempowered status.
“Issuing order after order in COVID times will not change the reality on the ground. The reality as it stares at us is that people have not accepted the decisions of August 5”, the party spokesperson said.
CPI(M), general secretary, Mohammad Yousuf Tarigami said domicile notification amid COVID-19 pandemic is an extension of the unconstitutional and undemocratic assault carried out by the BJP government on August 05.
“Issuing the rules for domicile notification at this crucial time reveals a paranoid mindset of the BJP willfully violating the democratic aspirations of the people. Until Jammu and Kashmir was stripped of its special status granted under article 370 and bifurcated into two union territories last August, article 35A of the constitution empowered the assembly to define Jammu and Kashmir residents eligible to apply for jobs or own immovable property in the erstwhile state,” Tarigami added in the statement.
He added that the Modi government clearly lacks an institutional view and suffers from conceptual disarray, which makes it blind with regard to the essence of constitutional commitments when it comes to it dealing with Jammu and Kashmir.
“The government continues to concentrate on issues which are detrimental to the interests the people of Jammu and Kashmir,” he added.
Jammu Kashmir Apni Party termed framing of Domicile rules as inappropriate and untimely in absence of a popular government in J&K.
In a statement, a spokesman of JKAP said the new rules have been framed at a time when the whole country especially Jammu and Kashmir is battling to reduce the number of deaths caused due to COVID pandemic.
“The timing of framing of these important rules is not only inappropriate but grossly unethical. There is no popular, elected government in place in J&K wherein the legislature could have thoroughly discussed and deliberated upon eligibility criteria for availing domicile credentials,” the JKAP spokesman added.
The party demanded that the entire exercise be put on hold till there is an elected government in J&K. “The people in J&K are presently engaged in battle of survival against Coronavirus, and it would be constitutionally and morally indecorous to thrust these rules, framed by bureaucracy, on them,” he said.
Jammu and Kashmir Pradesh Congress committee (JKPCC) said that domicile law has opened flood gates for outsiders and enabled large number of outside residents to avail and share all the rights at par with original natives and residents of Jammu and Kashmir, contrary to repeated claims and assurances, during and post abrogation of special status.
In a statement, JKPCC Chief G.A. Mir termed it a betrayal with the people especially youth who were promised complete protection of rights to jobs and land, even post abrogation of Article 370.
“The ruling BJP time and again mislead and befooled those who opposed the abrogation of special satus to allow the outside people to become eligible for all limited government jobs and land as well all other resources, hitherto availed by the locals of J&K. T
“he government Authorities and BJP leaders would always assure the people that their all such rights shall stand protected, which came out to be false and fake,” Mir said.

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