NC, PDP reject J&K domicile law

It’s aimed at changing demography, they say

Updated - May 19, 2020 03:27 pm IST

Published - May 19, 2020 03:19 pm IST - Srinagar

An elderly Kashmiri man shows his domicile document, in Srinagar. Photo used for representation purpose only. File

An elderly Kashmiri man shows his domicile document, in Srinagar. Photo used for representation purpose only. File

The National Conference (NC) and the People’s Democratic Party (PDP) on Tuesday rejected the J&K Reorganisation (Adaptation of State Laws) Order, 2020 , and the J&K Grant of Domicile Certificate ( Procedure) Rules 2020 , saying “it was aimed at changing the demography of the erstwhile State of J&K”.

Also read: J&K notifies amended domicile certificate rules

An NC spokesman said the amended domicile law was made in exercise of power under the J&K Reorganization Act 2019 , “which stands challenged in number of petitions before the Supreme Court”.

“With the constitutional validity of the Act impugned and the petitions under the 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,” the NC spokesman said.

Describing it “unacceptable” and fraught “with widening the gap and inducing alienation”, the NC said this order was aimed at disempowering the people of J&K and effecting a demographic change.

Also read: Government jobs to be reserved for domiciles of J&K, says Centre


“The order and procedure in question is also grossly inappropriate and unethical in as much as when the entire mankind, including the people of J&K, are in complete lockdown engaged in a battle of survival against Coronavirus, the Government of India has found this opportune time to push in the measures, palpably anti-people and unconstitutional”, it said.

Expressing their stand first time since the Centre revoked J&K’s special status in August last, the NC spokesman said the party had taken a principled stand on the floor of Parliament and outside that the decisions of August 5, 2019, taking away the 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”.

Also read: HC reserves orders on challenge to J&K Reorganisation Act

“The post August 5 events in J&K also indicate massive public disapproval of the decisions in all the three regions. The party resolves to continue its struggle through all peaceful means for realisation of political aspirations of the people of Jammu, Kashmir and Ladakh,” said the spokesman.

The PDP said the order was aimed at effecting a demographic change of J&K and rejected the amended domicile law and the recent order.

“Even a pandemic is no deterrent for the Government of India to continue with its disempowerment project for J&K. Orders like the one on domicile certificates don’t settle anything, neither do they cover up the August 5 fraud. The demographic change and disenfranchisement will further complicate the J&K issue, which has claimed thousands of lives so far. This will be resisted through all democratic and peaceful means,” said a PDP spokesman.

The J&K administration notified the domicile procedure on Monday, allowing eligible non-locals to apply for domicile certificates.

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