Process of Issuing Residence Certificates in Jammu and Kashmir: An Analytical Review

The Domicile Certificate Issuance in Jammu and Kashmir has become the centre of intense political and constitutional debate after the abrogation of Article 370 in August 2019. This blog presents an analysis of the key aspects of the debate, policy changes and their impacts.

In the end, you will understand:

• How many Residence Certificates were issued
• What documents were received under the new rules
• What impact did these changes have on the administrative structure of Jammu and Kashmir

How many Residence Certificates were issued in the last two years?

over 35 lakh Residence Certificates were issued in Jammu and Kashmir in the last two years under the Jammu and Kashmir Residence Certificate Grant (Process) Rules, implemented in 2020.

The numbers show that the administration has shown efficiency in implementing the new rules, as well as, shown interest in those who were deprived of it under the earlier rules.

How many certificates were given to “non-state subjects”?

Of the 48 lakh domicile certificates, about 80,000 were given to people who were considered “non-state subjects” under the earlier laws.

The numbers have become a major topic of political discussion, as they have raised concerns about the impact it will have on the demography and political landscape of Jammu and Kashmir.

Political questions and ministry’s response

The issue gained political importance after MP Hasnain Masood raised questions about the domicile certificates.

The Union Home Ministry submitted its response, which presented the actual figures and clarifications – detailing how many certificates were given to which category of people.

From Permanent Resident to Domicile Holder: A Shift

Under J&K’s own constitution, people were classified as either “permanent residents” or “state subjects”.

This arrangement was based on the Hereditary State Subjects Order of 1927 that was implemented during the rule of Maharaja Hari Singh.

This arrangement has now become obsolete – let’s find out what the old classification was and why the use of the term “state subject” has become meaningless now

Who were permanent residents before Article 370?

Category I State Subjects:

• People who lived in Samvat 1842 (approximately 1786 AD) or earlier
• Original residents and land owners

Category II State Subjects:

• People who settled in J&K with permanent property before Samvat 1942 (approximately 1886 AD)
• Often migrants from neighbouring regions

Why is the term “state subject” no longer relevant?

With the implementation of Article 370 and the subsequent Jammu and Kashmir Reorganisation Act, 2020, Jammu and Kashmir has gained constitutional independence.

The term “permanent resident” attached to Article 35A no longer finds place in the law. This means that now domicile eligibility is decided under central law and not the state’s own rules.

Who benefited in the new round?

Under the new domicile rules of 2020, around 80,000 people got certificates who were not eligible in the earlier framework. This includes: West Pakistani refugees (WPRs) Children of central government employees serving in Jammu and Kashmir All of them were outside the definition of “permanent resident” under the old rules.

What was the reason for the change in domicile rules?

The main event that formed the basis of the new rules

The repeal of Article 370 on August 5, 2019, brought about a profound change in the constitutional structure of Jammu and Kashmir. Some of the major changes that took place after this event were:

• The special status of Jammu and Kashmir was revoked
• The state was bifurcated into two Union Territories (Jammu and Kashmir and Ladakh)
• The Jammu and Kashmir Reorganisation (Adaptation of State Laws) Order, 2020 was implemented, making sweeping changes to the laws related to domicile

Grant of Jammu and Kashmir Domicile Certificate (Procedure) Rules, 2020

These new rules, issued in May 2020, redefined the interpretation of domicile, opening new doors for those who were previously excluded.

Who can become a domicile under the new rules? Under the new rules, the following people are eligible for a residence certificate:

• People who have been living in Jammu and Kashmir for 15 years
• Those who have received education up to 7 years in Jammu and Kashmir and have passed 10th or 12th examination from here
• West Pakistan Refugees (WPR)
• Children of government employees working in Jammu and Kashmir
• Some other categories like migrant labourers, children of service-employees, etc.

Newly eligible people under 2020 rules

These new rules proved beneficial for the sections that were not eligible under the earlier rules, such as:

• West Pakistan Refugees (WPR): Who were earlier denied citizenship rights
• Migrant workers and their children: Who were working in Jammu and Kashmir but were not permanent residents
• Women married outside: Who had earlier lost their permanent resident status

Impact on women married outside

This was a significant change under the new rules – women married outside Jammu and Kashmir are still eligible for a residence certificate.

Under the earlier system, they had to give up rights such as property acquisition in Jammu and Kashmir.

What does the change in residency policy mean?

These changes come with deep social, political and economic implications:

Demographic changes:

Expanding eligibility criteria could affect the population structure of the region

Economic opportunities:

Inclusion of WPR and migrant workers could boost workforce and economic growth

Political developments:

Critics consider it a milestone in the cultural and political identity of Jammu and Kashmir

Role of Residence Certificate: Beyond Identity

Residence certificate is not just proof of residence. Today it is essential in many important areas:

• For government jobs
• To buy land/property
• To get educational benefits and scholarships

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