Governor has returned domicile Bill for reconsideration: Jharkhand Speaker

The Hemant Soren government, during a special session on November 11, 2022, passed the ‘Jharkhand definition of local persons and for extending the consequential, social, cultural and other benefits to such local persons Bill, 2022’, also known as the 1932 Khatiyan bill.

Speaker Rabindra Nath Mahto informed the Jharkhand Assembly on Friday that Governor CP Radhakrishnan returned the 1932-based domicile Bill to the House for reconsideration, people familiar with the matter said.

Jharkhand CM Hemant Soren during the Winter Session of the state legislative assembly, in Ranchi on Friday. (ANI)

This return included a message containing the opinion of the Attorney General of India, who described it as “violative of Article 14 and Article 16(2) of the constitution”, the people added.

The Hemant Soren government, during a special session on November 11, 2022, passed the ‘Jharkhand definition of local persons and for extending the consequential, social, cultural and other benefits to such local persons Bill, 2022’, also known as the 1932 Khatiyan bill.

According to this Bill, only individuals or their ancestors listed in the Khatiyan (land records) of 1932 or earlier would be considered local inhabitants of Jharkhand, entitling them to Class III and Class IV jobs in the state.

The new law, as per the Bill’s provisions, would come into effect after being included in the Ninth Schedule of the Constitution, thereby shielding it from judicial review.

The state government forwarded the Bill to Raj Bhawan for assent and subsequent submission to the Centre for inclusion in the ninth schedule in November 2022.

However, then-Governor Ramesh Bais returned the Bill to the government for reconsideration in January this year, emphasising the need to review its legality and alignment with constitutional norms and court rulings.

Despite this, the state government sent the Bill back to Raj Bhawan, requesting detailed objections alongside the legislation.

On December 2, Raj Bhawan returned the Bill to the assembly with a message containing the attorney general’s opinion.

Speaker Mahto read the governor’s message on Friday during the first day of the winter session.

The governor’s message highlighted that section 6 (a) of the bill might breach Article 14 and Article 16(2) of the constitution.

He suggested an amendment in line with the attorney general’s opinion to ensure constitutional validity, the people said.

The governor’s message quoted the attorney general, expressing concerns about the absolute exclusion of non-local persons from applying for Class III and Class IV posts under the state government.

“The attorney general proposed a constitutionally safer approach of providing preference to local persons when all other aspects are equal. Additionally, for Class IV posts, the attorney general recommended that only local persons be considered, with a review of this scheme after five years, creating a database for government understanding and ensuring justice for deserving local candidates,” one of the people familiar with the matter said.

People within the ruling establishment indicated plans to pass the original Bill in this session and send it back to the governor for his assent.