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Ranchi: The Jharkhand assembly on Friday passed two bills, one fixing the 1932 land records as the basis for domicile in the state and another to increase reservation in government jobs. state in the categories to 77%.
Although these two bills were cleared unanimously, with the opposition BJP and the AJSU Party also extending support during a one-day special session, they will come into force only after the Center includes them in the New Schedule of the Constitution. A law in the New Schedule is protected from judicial review.
According to the “Jharkhand Definition of local people and to extend the consequential, social, cultural and other benefits to such local people Bill, 2022”, only those who have their names or the names of their ancestors in the khatiyan (register of the land) of 1932 or earlier will be considered local residents of Jharkhand and only they will be entitled for the jobs of 3 and 4 in the state.
Also, those who are landless or do not have their names or the names of their families in the 1932 khatiyan, the respective gram sabha would have the power to certify about their culture, local customs, traditions, etc.
The current residency policy, required to claim various government benefits, passed by the previous Bharatiya Janata Party (BJP) government led by Raghubar Das, set 1985 as the base year to determine who could hold the domicile of Jharkhand, which was carved out of Bihar on 15 November 2000.
The second bill, ‘Jharkhand Reservation in Vacancies in Posts and Services (Amendment) Act, 2022’, would increase the reservation in state government jobs for socially and economically weaker sections in the state from 60% to 77 %.
According to this bill, reservation for Scheduled Tribes (STs) will go up to 28% (from 26%), OBCs would have 27% (from 14%) and 12% will be for Scheduled Castes (from 10%). ). After including 10% reservation for EWS (economically weaker section), the total reservation goes up to 77%.
Earlier, a similar decision by Chief Minister Babulal Marandi in 2002 to fix 1932 as the base year to determine domicile was overturned by the Jharkhand High Court. Marandi had also brought a bill that increased the total job reservation to 73%, but it was rejected by the court.
The Hemant Soren government has now argued that it has decided to get these two bills in the New Schedule to protect it from judicial scrutiny.
Rejecting requests to send the two bills to a select committee, Chief Minister Soren, who tabled them in the House, said the bills were drawn up after detailed deliberations and therefore did not require further discussion.
Speaking to reporters after the session, Soren said, “Now it is up to the Center to honor the sentiments of the state and include them in the New Schedule. If necessary, we will use all our strength to do so.
The opposition BJP, which supported both projects, but described the development as a political drama by the state government to divert attention from its “failures” and “possible ED action” against the chief minister . Senior BJP leader Biranchi Narayan also criticized the prime minister for not allowing a discussion in the House on the two bills.
“We supported the bills but this is a political drama. It is mentioned in the two bills that they come into force only after they are included in the New Schedule, which is a very cumbersome process. Their intention is not clear. Such decisions could be implemented with a simple circular issued by the cabinet. The Raghubar Das government did the same thing when it set 1985 as the base year. They brought this up only for vote banking policy when the ED issued a summons to the prime minister,” said Narayan.
In his closing remarks in the House, the Prime Minister described the decision as historic and challenged the BJP saying that the government’s move would decimate them in the next elections.
“On November 11 last year we passed the Sarna Code resolution from here. It is November 11 again and we are giving the 1932 khatiyan to the people. Don’t give me threats from the CBI and ED. We are not afraid. We will decimate you politically even from prison,” said Soren.
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