Jharkhand Assembly raises quota to 77%, 1932 land records to fix domicile status

(In a 2007 landmark ruling in I R Coelho vs State of Tamil Nadu, a 9-judge Constitution Bench of the Supreme Court unanimously ruled that laws cannot escape the “basic structure” test if inserted into the Ninth Schedule after 1973. It was in 1973 that the basic structure test was evolved in the Kesavananda Bharati case as the ultimate test to examine the constitutional validity of laws.)

The first Bill, ‘Jharkhand Reservation of Vacancies in Posts and Services (Amendment) Bill, 2022’, raised reservation from 60% to 77%. Within the reserved category, the Scheduled Castes will get a quota of 12%, up from 10%; 27% for OBCs, up from 14%; 28% for Scheduled Tribes, a 2% increase; and 10% for Economically Weaker Sections.

OBCs and STs constitute more than 65% of the state population.

Official sources said the reservation will not apply to admissions in government-run universities or colleges.

Soren said, “Whatever we promised to the people, we have delivered. And now it is the Centre’s responsibility to find a way to include this in the Ninth Schedule of the Constitution so that people of Jharkhand get their rights and respect. If the need arises, we will go to Delhi in full strength.”

He said November 11 is a “key date”  because the Chhota Nagpur Tenancy Act – to safeguard the land of tribal communities – was passed on November 11, 1908, and a resolution seeking recognition of the Sarna religion and its inclusion as a separate code in Census 2021 was passed on the same date last year.

“Apart from the Moolvasis and Adivasis, people who have been living in Jharkhand will also be given their rights,” he said.

The second Bill, ‘Jharkhand Definition of Local Persons and for Extending the Consequential, Social, Cultural and Other Benefits to Such Local Persons Bill, 2022’, is aimed at granting local residents “certain rights, benefits, and preferential treatment” over their land; in their stake in local development of rivers, lakes, fisheries; in local traditional and cultural and commercial enterprises; in rights over agricultural indebtedness or availing agricultural loans; in maintenance and protection of land records; for their social security; in employment in private and public sector; and, for trade and commerce in the state.

The Bill states that the definition of local persons, on the basis of the ‘1932 khatiyan’, is based on “living conditions, customs and the traditions and social development” of the “Moolvasis and people from tribal community” which have been negatively impacted due to pre and post 1932 migration of people from other states to Jharkhand (erstwhile Bihar).

And, therefore, a Bill defining locals became a “compelling necessity” to provide “social, cultural, educational, service and other benefits to them”