SUMAN K SHRIVASTAVA
Ranchi, Jan 29: Amidst Chief Minister Hemant Soren’s Khatiyani Johar yatra, Jharkhand Governor Ramesh Bais has returned the 1932 Domicile Bill passed by the Jharkhand Legislative Assembly in 2022 for further review its legality in accordance with the Constitution as well as the Supreme Court orders.
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.
Notably, Soren is on a statewide tour to greet (Johar) the people after having got the bill passed by the State Assembly declaring the 1932 khatiyan (land records) as the basis for declaring a resident local. It was one of the promises made by Soren in his election manifesto.
Meanwhile, the Governor has also sent another bill to the Attorney General’s opinion by which the JMM-led government reserved 77 percent government jobs for the underprivileged sections of society. “A few states have crossed the 50 percent reservation limit fixed by the Supreme Court. They too have been challenged in court. So, the governor thought it fit to get the Attorney General’s opinion on this issue,” a source said.
Notably, the State Government had sent the request to send this bill for the approval of the Governor and the consent of the President.
The Governor has said 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 matter of employment under Section 35(A) under special provision. The State Legislature does not have this power, he added.
The governor further stated that the Supreme Court in AVS Narasimha Rao and others vs. Andhra Pradesh and others (AIR 1970 SC 422), has clearly explained that the right to impose any kind of conditions in the matter of employment is vested only in the Indian Parliament. “Thus, this bill is against the provision of the constitution and the order of the Supreme Court,” he has pointed out.
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.
The governor also stated that in the case of Satyajit Kumar vs. the State of Jharkhand, the Supreme Court again declared 100 percent reservation given by the state in scheduled areas as unconstitutional.
It may be noted that it was clarified by the State Law Department that the provisions of the Bill in question are contrary to the Constitution and the orders of the Supreme Court. It has also been said that such a provision is contrary to certain judgments/judgements passed by the Supreme Court and the Jharkhand High Court. At the same time, such a provision clearly appears to be inconsistent and has an adverse effect on the fundamental rights provided in Articles 14, 15, 16 (2) of Part III of the Indian Constitution, which will also be affected by Article 13 of the Indian Constitution and will allow unnecessary debates, the law department had pointed out.
During the review, the Governor found that in the situation described when the State Legislature is not vested with the power to pass a bill in such cases, a serious question arises on the legality of this bill and he has sent this bill to the state government. As a result of this, the Governor has returned it saying that they should seriously review the legality of the bill and that it should be in accordance with the constitution and the orders of the Supreme Court.
