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Polity & Governance
Mahesh

17/09/22 12:17 PM IST

Jharkhand Cabinet approves draft Bill with 1932 as cut-off year for domicile

In News 
  • THE Jharkhand Cabinet approved the draft ‘Local Resident of Jharkhand Bill’ of 2022, keeping 1932 as the cut-off year for “proof of land records” for defining a local. 
Major Provisions 
  • The second draft legislative approved by the Cabinet seeks to increase reservation from the current 50% to 67% in Jharkhand.
  • As per the Bill, reservations for STs will be increased to 28%, for OBCs to 27%, and SCs to 12%.
  •  The state legislature after approval will send them to the Center (apart from the Governor), seeking an amendment placing the two laws in the Ninth Schedule of the Constitution to avoid judicial scrutiny.
  • As per the draft Bill, a local will be a person whose name or his ancestors’ name is recorded in the survey/khatiyan of 1932 or before.
  • In case of persons who are landless, local persons shall be identified by the Gram Sabhas based on the culture, local customs and tradition, among others.
Ninth Schedule 
  • The Schedule contains a list of central and state laws which cannot be challenged in courts and was added by the Constitution (First Amendment) Act, 1951.
  • It was created by Article 31B, which along with Article 31A was brought in by the government to protect laws related to agrarian reform and for abolishing the Zamindari system.
  • SC in 2007 ruled that laws included in this schedule after April 24, 1973, are now open to Judicial Review.
Benefits 
  • According to the Bill, the locals will receive “certain rights, benefits, and preferential treatment” over their land; in their stake in the local development of the rivers, lakes, fisheries; in their local traditional and cultural and commercial enterprises; in their rights over agricultural indebtedness or availing agricultural loans; in maintenance and protection of their land records; for their social security; and even in case of employment both in private and public sector; and for trade and commerce in the state.

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