Decode Politics: Ladakh closer to domicile policy, as concerns over jobs grow

What is the HPC?

A 15-member council, the HPC was constituted in 2023 in the aftermath of the mass protests in Ladakh claiming a threat to the fragile ecology of the region from industrial development projects approved by New Delhi. The people were angry that this was done “without consent” from their side, since Ladakh is under Central control being a Union Territory. Post the abrogation of August 2019, Jammu and Kashmir had been split into two UTs, namely J&K, and Ladakh.

The HPC was set up to address the concerns of the people, with representatives included from the key bodies of the two regions of Ladakh – the Apex Body Leh, for Leh, and Kargil Democratic Alliance for Kargil.

What is the domicile clause?

In May 2020, the Union Ministry of Home notified domicile rules for J&K via an amendment to the Jammu and Kashmir Civil Services (Decentralisation and Recruitment) Act, 2010.

The rules specified that any person “who has resided for a period of 15 years in the UT of J&K or has studied for a period of seven years and appeared in Class 10th/12th examination in an educational institution located in the UT of J&K” would be eligible for domicile certification. In case of former “permanent residents” or “state subjects” of J&K, as they were previously termed, the document would form the basis for the new certificate.

However, there is no domicile policy for Ladakh. At the HPC meeting, a consensus was reached that anyone living in Ladakh for 15 years from 2019 onwards could be considered a domicile of the region. The two Ladakh bodies hence climbed down from their earlier demand that domicile certification require a period of stay of 30 years.

If this domicile policy is implemented for Ladakh, therefore, the first domicile certificates would take effect in 2034.

A representative of Apex Body Leh, Cheering Dorji, said even the backtracking from 30-year stay requirement to 15 years was a “win for the people of Ladakh”, given the 2019 cut-off date from when this is to apply. “The talks between the Centre and Ladakh had been stalled for some time over the issue. The outcome of Tuesday’s meeting will help secure jobs for local students since the baseline for domicile is 2019 and this gives us some time to consolidate benefits,” he said.

Incidentally, in the case of J&K, there is no cut-off year from when the stay in the UT is to be calculated.

Why is domicile certification important?

Unemployment has been a big concern for Ladakh since it was carved out of J&K. This disconnected it from the employment policy of J&K, which retained its Public Service Commission. As a UT without a legislature, Ladakh is even more under bureaucratic control than J&K.

“Over the last six years, no gazetted posts have been notified in Ladakh and nearly all recruitment is being done on contract basis. This is a big loss for the students of Ladakh, who have gained qualifications for these jobs despite the struggle to get higher education here due to our harsh climate and topography,” Sajjad Kargili, a member of the HPC, told The Indian Express.

Against this backdrop, a big rise in the number of domicile certificate holders would end up making the competition for government jobs even tougher.

Incidentally, approximately 90% of the population in Ladakh falls under the Scheduled Tribe (ST) category, which means they are big beneficiaries of the reservation policy.

How many domicile certificates have been issued in J&K?

Responding to a question in the last session of the J&K Assembly in April, the government said that over 83,000 domicile certificates had been issued to “non-state subjects” since August 2019. As a result of this, West Pakistan refugees, safai karamcharis and children of women married outside J&K became eligible for domicile certificates.

In J&K too, domicile is a touchy issue, with many worried about “outsiders” taking over their land and jobs.