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  • What are Primordial Black Holes (PBH)?

    A scientist duo from Pune has studied primordial black holes that were born as a result of a tiny bump in the potential energy levels of the universe, at a time when it was expanding rapidly.

    Strange space events are known to be the favourites of UPSC 🙂

    Primordial Black Holes (PBH)

    • PBH are a hypothetical type of black hole that formed soon after the Big Bang
    • It is believed that they are formed as a result of collapsing radiations as opposed to the collapse of massive stars, which is the case of any other black holes.
    • PBH can be massively large as 3000kms or be extremely tiny like nucleus of an atom.

    What did the study conclude?

    • The study has confirmed that this marginal rise in potential energy resulted in birth of several PBHs and also emitted very powerful gravitational waves.
    • Approximately 14 billion years ago before the commencement of the Hot Big Bang phase, the very young universe was found to be active and expanding at a highly accelerated rate.
    • This exponential growth in its size was fuelled by the presence of uniform energy field and density as the universe passed through the Cosmic Inflation phase.
    • According to the scientists, as time passes, this uniform energy prevailing in the Inflation Field wanes out.
    • As a result, the universe resumes its normal decelerating rate.

    Expansion of universe

    • Gravity is normally attractive in nature. The PBH did undergo rapid expansion due to the Inflation field which contrarily possessed repulsive gravity.
    • This pushed the universe to expand at a much faster rate than normal.
    • The universe had expanded to nearly 10^27 times its original size, that too, within just fraction of a second by the time Cosmic Inflation phase concluded.
    • Thereafter, the remnant energy possessed by this gravitational force got converted mainly into photons (light) in addition to protons, electrons, neutrons and other particles.
    • As the universe continued to grow exponentially during the Cosmic Inflation phase, it sent across tiny quantum jitters.
    • These fluctuations, released in a specific fashion, when sufficiently large, slowly give birth to galaxies and stars. Among those that were significantly large, helped form PBHs.

     

  • What is Contact Tracing Technology?

    Global technology giants Apple and Google have announced that they are partnering on developing contact tracing technology to help governments and health authorities tackle the novel coronavirus pandemic.

    What did tech-giants announce?

    • Contact tracing is considered essential for bringing epidemics under control and is expected to help governments in relaxing lockdown orders.
    • The tech companies announced that they would build a comprehensive solution that includes application programming interfaces (APIs) and operating system-level technology to assist in enabling contact tracing.

    What is contact tracing?

    • The WHO defines contact tracing as the process of identifying, assessing, and managing people who have been exposed to a disease to prevent onward transmission.
    • Via contact tracing, people who have come into contact with a person carrying a disease are alerted and identified.

    Importance of contact tracing

    • Identifying people at the onset of symptoms and promptly isolating them reduces exposure to other persons, preventing subsequent EVD (Ebola Virus Disease) infections.
    • Additionally, prompt isolation and admission of the symptomatic person to a treatment facility decreases the delay to supportive treatment, which improves the likelihood of survival.

    How will the new technology by Google and Apple work?

    • Google and Apple are the developers of the Android and iOS platforms respectively, which together power most of the world’s smartphones.
    • Both companies will release application programming interfaces (APIs) that would enable interoperability between Android and iOS devices using apps from public health authorities.
    • The official apps will be available for users to download via their respective app stores, as per the press release.
    • When this step is realized, phone-based matching via official apps will help alert people if they have come in contact with someone diagnosed with COVID-19.

    Actual working

    • For this to work, COVID-19 patients would have to declare their status to the respective apps voluntarily.
    • Following this, all people whose Android/iOS smartphones were detected nearby such patients, would get notified.
    • This means the user will be notified even if he/she was around a stranger who has tested positive for the disease.

    Issues with contact tracing

    • Privacy, transparency, and consent are of utmost importance in this effort.
    • The tech giants should look forward to building this functionality in consultation with interested stakeholders.

    Note: How is our Aarogya Setu app different from the technology mentioned in the newscard?

  • How a dollar swap line with US Fed can help in uncertain times?

    India is working with the US to secure a dollar swap line that would help in better management of its external account and provide an extra cushion in the event of an abrupt outflow of funds.

    What are Currency Swaps?

    • A currency swap, also known as a cross-currency swap, is an off-balance sheet transaction in which two parties exchange principal and interest in different currencies.
    • The purpose of a currency swap is to lower exposure to exchange rate risk or reduce the cost of borrowing a foreign currency.

    Why do we need dollars?

    • According to RBI data, 63.7% of India’s foreign currency assets — or $256.17 billion — are held in overseas securities, mainly in the US treasury.
    • While FPIs investors looking for safer investments, the current global uncertainty over COVID outbreak have led to a shortfall in Indian stock markets.
    • This has pulled down India’s foreign exchange reserves.
    • This means that the government and the RBI cannot lower their guard on the management of the economy and the external account.

    How does a swap facility work?

    • In a swap arrangement, the US Fed provides dollars to a foreign central bank, which, at the same time, provides the equivalent funds in its currency to the Fed, based on the market exchange rate at the time of the transaction.
    • The parties agree to swap back these quantities of their two currencies at a specified date in the future, which could be the next day or even three months later, using the same exchange rate as in the first transaction.
    • These swap operations carry no exchange rate or other market risks, as transaction terms are set in advance.

    Benefits of currency swap

    • The absence of an exchange rate risk is the major benefit of such a facility.
    • This facility provides India with the flexibility to use these reserves at any time in order to maintain an appropriate level of balance of payments or short-term liquidity.
    • currency swaps between governments also have supplementary objectives like promotion of bilateral trade, maintaining the value of foreign exchange reserves with the central bank and ensuring financial stability (protecting the health of the banking system).

    Recent examples

    • India already has a $75 billion bilateral currency swap line with Japan, which has the second-highest dollar reserves after China.
    • The RBI also offers similar swap lines to central banks in the SAARC region within a total corpus of $2 billion.

    Note: Relate all other terminologies related to USD-INR convertiblity viz. Current Account, BoP etc.

  • Covid-19 donations to CM Relief Fund won’t qualify as CSR

    The corporate affairs ministry has clarified that COVID-19 donations to CM Relief Fund won’t qualify as CSR contributions.

    Contributions considered under CSR

    • According to the ministry, contributions made to the State Disaster Management Authority to combat COVID-19 would qualify as CSR expenditure.
    • The contributions by companies to PM-CARES Fund to tackle the pandemic would be considered as CSR.
    • Ex-gratia payments made to temporary, casual and daily wage workers by companies will be considered as CSR expenditure under the company’s law, provided that such payments are over and above disbursement of wages.
    • The contribution towards ‘Chief Minister’s Relief Fund’ or ‘State Relief Fund for COVID-19’ would not be considered as spending towards CSR work.

    Note: Please remember or make note of the various contributions complying for CSR.


    Back2Basics: CSR in India

    • India is the first country in the world to make corporate social responsibility (CSR) mandatory, following an amendment to the Companies Act, 2013 in April 2014.
    • Prior to that, the CSR clause was voluntary for companies, though it was mandatory to disclose their CSR spending to shareholders.
    • Businesses can invest their profits in areas such as education, poverty, gender equality, and hunger as part of any CSR compliance.
    • Under the Companies Act, 2013, certain classes of profitable entities are required to spent at least 2 per cent of their three-year average annual net profit towards CSR activities.
    • Under Section 135 of the Companies Act, 2013, every company having net worth of at least ₹500 crore, turnover of ₹1,000 crore or more, or a minimum net profit of ₹5 crore during the immediately preceding financial year, has to make CSR expenditure.
  • [pib] Diverse names of harvesting festival

    The nation today celebrates the festival of harvest, Vaishakhi under diverse names. Vaisakhi celebrates the solar new year, based on the Hindu Vikram Samvat calendar.

    Vaishakhi

    • Vaisakhi also known as Baisakhi is a historical and religious festival in Sikhism.
    • It is usually celebrated on 13 or 14 April every year which commemorates the formation of Khalsa panth of warriors under Guru Gobind Singh in 1699.
    • In Sikhism, Vaisakhi marks the start of the Khalsa in 1699 by Guru Gobind Singh.

    Other names

    • Maha Bishuba Pana Sankranti (Odisha)
    • Bikhu or Bikhauti (Kumaon region of Uttarakhand)
    • Bisu (Tulu region of Karnataka)
    • Bohag Bihu (Assam)
    • Puthandu (Tamil Nadu)
    • Vishu (Kerala)

    Note: Harvest festivals are significant events. Do try to remember their names as one can expect a match the pair question.

  • [pib] Operation Lifeline UDAN

    To ensure a steady supply of essentials, even in the most remote locations, the Union Civil Aviation Ministry launched ‘Lifeline Udan’.

    Don’t get confused or correlate this with Ude Desh ka Aam Nagrik (UDAN) Scheme. The name clearly indicates that it is an HADR like operation. Whats HADR? Humanitarian Assistance and Disaster Relief

    Op. Lifeline Udan

    • Under this operation, flights are being operated to transport essential medical cargo to remote parts of the country amid the lockdown to support India’s fight against Covid-19.
    • The flights have been operated by Air India, Alliance Air, Indian Air Force, Pawan Hans and private carriers.
    • The cargo compulsorily supplies goods such as regents, enzymes, medical equipment, testing kits and PPE, masks, gloves and other essential items as applicable by the State and UT Governments.
    • Air India is shouldered to operate dedicated scheduled cargo flights to other countries for transfer of critical medical supplies, as per the requirement.
  • [pib] YUKTI web-portal

    Union Ministry for HRD has launched a web-portal YUKTI (Young India Combating COVID with Knowledge, Technology and Innovation).

    There are various web/portals/apps with peculiar names, ex. DISHA, SWAYAM. Note them down with their one line purpose. UPSC Prelims may quiz you on these.

    YUKTI web-portal

    • YUKTI is a unique portal and dashboard to monitor and record the efforts and initiatives of MHRD.
    • The portal intends to cover the different dimensions of COVID-19 challenges in a very holistic and comprehensive way.
    • The primary aim of the portal is to keep academic community healthy, both physically & mentally and to enable a continuous high-quality learning environment for learners.

    Utility of the portal

    • The portal allows various institutions to share their strategies for various challenges which are there because of the unprecedented situation of COVID-19 and other future initiatives.
    • It will give inputs for better planning and will enable MHRD to monitor effectively its activities for coming six months.
    • It will establish a two-way communication channel between the Ministry of HRD and the institutions so that the Ministry can provide the necessary support system to the institutions.
  • [Prelims Spotlight] Important Amendments in the Indian Constitution

    Prelims Spotlight is a part of “Nikaalo Prelims 2020” module. This open crash course for Prelims 2020 has a private telegram group where PDFs and DDS (Daily Doubt Sessions) are being held. Please click here to register.

    Important Amendments in the Indian Constitution


    13 April 2020 

    First Amendment Act, 1951

    • Empowered the state to make special provisions for the advancement of socially and economically backward classes.
    • Provided for the saving of laws providing for the acquisition of estates, etc.
    • Added Ninth Schedule to protect the land reforms and other laws included in it from the judicial review. After Article 31, Articles 31A and 31B were inserted.

    The Constitution (Seventh Amendment) Act, 1956

    • The Seventh Amendment brought about the most comprehensive changes so far in the Constitution. This amendment was designed to implement the State Reorganisation Act.
    • The Second and Seventh schedules were substantially amended for the purpose of the States Reorganization Act.

    Constitutional (10th Amendment) Act, 1961

    • The Tenth Amendment integrates the areas of Free Dadra and Nagar Haveli with the Union of India and provides for their administration under the regulation of making powers of the President.

    Constitutional (13th Amendment) Act,1963

    • Gave the status of a state to Nagaland and made special provisions for it.

    The Constitution (24th Amendment) Act, 1971

    • It amended Article 13 and 368 with a view to removing all possible doubts regarding the power of Parliament to amend the Constitution and procedure thereof.
    • It gets over the Golak Nath ruling and asserts the power of Parliament, denied to in the Golak Nath, to amend Fundamental Rights.

    The Constitution (Twenty-fifth) Amendment Act, 1971

    • The 25th amendment of the Constitution in 1971 added a new clause, Article 31C to the Constitution. Up to 1971, the position was that Fundamental Rights prevailed over the Directive Principles of State Policy and that a law enacted to implement a Directive Principle could not be valid if it conflicted with a Fundamental Right.
    • Article 31C sought to change this relationship to some extent by conferring primacy on Articles 39(b) and 39(c) over Articles 14, 19 and 31.

    Twenty-Sixth Amendment Act, 1971

    • Abolished the privy purses and privileges of the former rulers of princely states.

    The Constitution (Thirty-fourth Amendment) Act, 1974

    • By this amendment twenty State Acts concerning land ceiling and land tenure reforms were added to the Ninth Schedule to the Constitution.

    The Constitution (Thirty-eight Amendment) Act, 1975 

    • Made the declaration of emergency by the President non-justiciable.
    • Made the promulgation of ordinances by the President, governors and administrators of Union territories non-justiciable.
    • Empowered the President to declare different proclamations of national emergency on different grounds simultaneously

    The Constitution (42nd Amendment) Act, 1976

    • The Amendment was meant to enhance enormously the strength of the Government. The major Amendments made in the Constitution by the 42nd Amendment Act are: Preamble The characterization of India as ‘Sovereign Democratic Republic’ has been changed to ‘Sovereign Socialist Secular Democratic Republic’.
    • The words ‘Unity of the nation’ have been changed to ‘Unity and integrity of the nation’.
    • Parliament and State Legislatures: The life of the Lok Sabha and State Legislative Assemblies was extended from 5 to 6 years.
    • Executive: It amended Article 74 to State explicitly that the President shall act in accordance with the advice of the Council of Ministers in the discharge of his functions.
    • Judiciary: The 42nd Amendment Act inserted Article 32A in order to deny the Supreme Court the power to consider the Constitutional validity of the State law. Another new provision, Article 131A, gave the Supreme Court an exclusive jurisdiction to determine question relating to the Constitutional validity of a central laws. Article 144A and Article 128A, the creatures
      of the Constitutional Amendment Act made further innovation in the area of judicial review of the Constitutionality of legislation. Under Article 144A, the minimum number of judges of the Supreme Court to decide a question of  Constitutional validity of a Central or State law was fixed as at least seven and further, this required two-thirds majority of the judges sitting declare law as unconstitutional. While the power  of the High Court to enforce Fundamental Rights remained untouched, several restrictions were imposed on its power to issue writs ‘for any other purpose’.
    • Federalism: The Act added Article 257A in the Constitution to enable the Centre to deploy any armed force of the Union, or any other force under its control for dealing with any grave situation of law and order in any State.
    • Fundamental Rights and Directive Principles: A major change that was made by42nd Constitutional Amendment was to give primacy to all Directive Principles over the Fundamental Rights contained in Articles 14, 19 or 31.
    • The 42nd Constitutional Amendment added a few more Directive Principles – free legal aid, participations of workers in the management of industries, protection for environment and protection of forests and wildlife of the country.
    • Fundamental Duties: The 42nd Amendment Act inserted Article 51-A to create a new part called IV-A in the Constitution, which prescribed the Fundamental Duties to the citizens.
    • Emergency: Prior to the 42nd Amendment Act, the President could declare an emergency under Article 352 throughout the country and not in a part of the country alone. The Act authorized the President to proclaim emergency in any part of the country.

    The Constitution (44th Amendment) Act, 1978

    • It reduced the life of Lok Sabha and State Legislative Assemblies again to five years and thus restore the status quo ante.
    • It cancelled 39th Amendment which had deprived the Supreme Court of its jurisdiction to decide disputes concerning election of the President and the Vice-President
    • A new provision was added to Article 74(1) saying that the President could require the council of ministers to reconsider its advice to him, either generally or otherwise and the President should Act in accordance with the advice tendered after such re-consideration. Article 257A was Omitted
    • It has been provided that an Emergency can be proclaimed only on the basis of written advice tendered to the President by the Cabinet.
    • Right to Property has been taken out from the list of Fundamental Rights and has been declared a legal right.

    The Constitution (Fifty-first Amendment) Act, 1984

    • The Amendment effectuates some changes in Articles 330 and 332 with a view to provide for reservation of seats in the Lok Sabha for Scheduled Tribes in Meghalaya, Aruncahal Pradesh and Mizoram, as well as in the Legislative Assemblies of Nagaland and Meghalaya.

    The Constitution (52nd Amendment) Act, 1985

    • The amendment is designed to prevent the scourge of defection of Members of Parliament and State Legislatures from one political party to another.

     The Constitution (61st Amendment) Act, 1989

    • The 61st Amendment reduces the voting age from 21 years to 18 years for the Lok Sabha and Assembly election.

    The Constitution (Sixty-fifth Amendment) Act, 1990

    • Article 338 of the Constitution has been amended for the Constitution of a National Commission for Scheduled Castes and Scheduled Tribes consisting of a chairperson, vice-chairperson and five other members who shall be appointed by the President by warrant under his hand and seal.

    The Constitution (Sixty-ninth Amendment) Act, 1991

    • The Amendment Act was to grant Statehood to Delhi as ‘National Capital Territory of Delhi’. It also provides a 70 member assembly and a 7 member Council of Ministers for Delhi.

     The Constitution (73rd Amendment) Act, 1992

    • April 20,1993 as it got rectification by the State legislatures and was assented to by the President of India. After notification, the Panchayati Raj Institutions have now got Constitutional legitimacy.
    • After part VIII of the Constitution, a separate part IX has been added to the Constitution with the addition in Article 243A and fresh Schedule called Eleventh Schedule enumerating the powers and functions of Panchayti Raj Institutions.
    • The Act provides for Gram Sabha, a three-tier model of Panchayati Raj, reservation of seats for SCs and STs in proportion to their population and one-third reservation of seats for women.

    The Constitution (74th Amendment) Act, 1992

    • The Act provides constitutional status to Urban Local Bodies. After part VIII of the Constitution, a separate part IXA has been added to the Constitution with the addition in Article 243A and a fresh schedule called Twelfth schedule enumerating the powers and functions of urban local bodies has been incorporated.
    • The Act provides Municipal Panchayat, Municipal Council and Municipal Corporation, reservation of seats for SCs and STs in proportion to their population and one-third reservation of seats for women

    The Constitution (76th Amendment) Act, 1994

    • This Amendment Act raises the reservation quota of government jobs and seats for admission in the educational institutions in favor of socially and educationally backward classes to 69 per cent in Tamil Nadu.
    • Further, the Amendment Act has been included in the Ninth Schedule of the Constitution to exempt it from the purview of judicial scrutiny

    The Constitution (Seventy-seventh Amendment) Act, 1995

    • This Amendment has added a new clause (4-a) to Article 16 of the Constitution which empowers the State to make any provisions for reservation in promotions in Government jobs in favour of SCs and STs, if it is of opinion that they are inadequately represented in the services under the State.
    • This has been done to nullify the effect of the Supreme Court Judgment in the Mandal Commission Case (Indra Sawhney vs. Union of India) in which the Court has held that reservation in promotions cannot be made.

    The Constitution (80th Amendment) Act, 2000

    • Based on the recommendations of the Tenth Finance Commission, an alternative scheme for sharing taxes between the Union and the State has been enacted by the Constitution (Eightieth Amendment) Act, 2000.
    • Under the new scheme of devolution of revenue between Union and the States, 26 per cent out of gross proceeds of Union taxes and duties is to be assigned to the States in lieu of their existing share in the income-tax, excise duties special excise duties and grants in lieu of tax on railway passenger fares. 

    The Constitution (85th Amendment) Act, 2001

    • This Act amended Article 16 (4A) of the Constitution to provide for consequential seniority in the case of promotion by virtue of rule of reservation for Government servants belonging to the Scheduled Castes and the Scheduled Tribes.

    The Constitution (86th Amendment) Act, 2002

    • With a view to making right to free and compulsory education a fundamental right, the Act inserts a new Article, namely, Article 21A conferring on all children in the age group of 6 to 14 years the right to free and compulsory education.
    • The Act amends in Part-III, Part –IV and Part-IV(A) of the Constitution.

    The Constitution (89th Amendment) Act, 2003

    • The Act adds Article 338A and provides for the creation of National Commission for Scheduled Tribes.

     The Constitution (90th Amendment) Act, 2003

    • The Act amends Article 332 and adds section (6) regarding representation in the Bodo Territorial Areas District in the State of Assam.

    The Constitution (Ninety-one Amendment) Act,2003

    • The Act makes provisions for limiting the size of the Council of Ministers at the Center and in the States and gives teeth to debar a defector from holding any remunerative political post for the remaining tenure of the legislature unless reelected.

    The Constitution (Ninety- third Amendment) Act, 2005

    • Providing reservation for the socially and educationally backward classes, besides the Schedules Castes and the Scheduled Tribes, in private unaided educational institutions.

    The Constitution (97th Amendment) Act, 2012

    • In Part IIIof the constitution, after the words “or unions” the words “Cooperative Societies” was added.
    • In Part IVa new Article 43Bwas inserted, which says: The state shall endeavour to promote voluntary formation, autonomous functioning, democratic control and professional management of the co-operative societies”.
    • After Part IXAof the constitution, a Part IXBwas inserted to accommodate state vs centre roles.

    The Constitution (99th Amendment) Act, 2014

    • The National Judicial Appointments Commission (NJAC) was established by the Union government of India by amending the constitution of India through the 99th Constitutional Amendment Act201

    The Constitution (100th Amendment) Act, 2015

    • Constitution (100th Amendment) Act 2015 ratified the land boundary agreement between India and Bangladesh.
    • The act amended the 1st schedule of the constitution to exchange the disputed territories occupied by both the nations in accordance with the 1974 bilateral Land Boundary Agreement.
    • India received 51 Bangladeshi enclaves (covering 7,110 acres) in the Indian mainland, while Bangladesh received 111 Indian enclaves (covering 17,160 acres) in the Bangladeshi mainland

    The Constitution (101st Amendment) Act, 2017

    • Introduced the Goods and Services Tax.

    The Constitution (102nd Amendment) Act, 2018

    • Constitutional status to National Commission for Backward Classes

    The Constitution (103rd Amendment) Act, 2019

    • A maximum of 10% Reservation for Economically Weaker Sections (EWSs) of citizens of classes other than the classes mentioned in clauses (4) and (5) of Article 15, i.e. Classes other than socially and educationally backward classes of citizens or the Scheduled Castes and the Scheduled Tribes.
    • Inserted Clause [6] under Article 15 as well as Inserted Clause [6] under Article 16.

     

  • [Burning Issues] J&K New Domicile Rules

    Context

    • Recently, the Ministry of Home Affairs has promulgated the Jammu and Kashmir Reorganization (Adaptation of State Laws) Order, 2020, which comes into force with immediate effect.
    • It defines “domiciles” in the new Union Territory (UT) of Jammu and Kashmir for protecting jobs in the Group D category and entry-level non-gazetted posts for the domiciles.

    What is domicile?

    In law, domicile is the status or attribution of being a lawful permanent resident in a particular jurisdiction.

    Background

    • On 6th August 2019, the Centre revoked J&K’s special status under Article 370 and Article 35A of the Constitution and bifurcated it into the UTs of J&K and Ladakh.
    • The two revoked constitutional provisions let the state legislature decide the ‘permanent residents’, prohibiting a non-J&K resident from buying property there and ensuring job reservation for its residents.

    Who were the permanent residents in J&K?

    • The law, introduced in 1954, empowered state governments to define “permanent residents” of Jammu and Kashmir and reserve for them certain rights and privileges.
    • Till August last year, the term permanent resident covered those who were state subjects of Jammu and Kashmir in 1954 and their descendants.
    • It also included those who had lived and owned land in Jammu and Kashmir for at least 10 years in 1954.
    • Various rights, such as the right to own land in Jammu and Kashmir, hold government jobs and get state scholarships, were restricted to these permanent residents.

    Key Highlights of Order

    • The order has amended 109 laws and repealed 29 laws of the erstwhile State and inserted the ‘domicile’ clause in the J&K Civil Services (Decentralisation and Recruitment) Act, 2010.
    • The clause for ‘permanent resident of the State’ under the 2010 Act has been substituted by ‘Domicile’ of the UT.
    • The Act pertained to employment in the civil services comprising “district, divisional and State” cadre posts.
    • Only permanent residents of J&K were eligible to apply for the gazetted and non-gazetted posts but now non-domiciles can also apply for these posts.

    Criteria for Domiciles

    Satisfying any of the criteria mentioned below, a person would be deemed as a domicile of the UT of Jammu and Kashmir:

    • A person who has resided for a period of 15 years in the UT of J&K or
    • A person who 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
    • Someone who is registered as a migrant by the Relief and Rehabilitation Commissioner (Migrants)
    • Children of Central government officials, All India Services, PSUs, autonomous body of Centre, Public Sector Banks, officials of statutory bodies, Central Universities, recognised research institutes of Centre who have served in J&K for a total period of 10 years
    • Children of such residents of J&K who reside outside J&K in connection with their employment or business or other professional or vocational reasons but their parents fulfil any of the conditions provided

    Job criteria for new domiciles

    • The domiciles will be eligible for the purposes of appointment to any post carrying a pay scale of not more than Level 4.
    • The Level 4 post comprises positions such as gardeners, barbers, office peons and waterman and the highest rank in the category is that of a junior assistant.
    • The reservation for domiciles would not apply to Group A and Group B posts, and like other UTs, recruitment would be done by the UPSC.

    Other amendments

    • The order has also made amendments to the Public Safety Act (PSA) 1978 by removing a clause that prohibited J&K residents booked under the Act to be lodged in jails outside.
    • It changes the criteria for appointing the PSA advisory board on the recommendation of a search committee headed by the Chief Secretary instead of the Chief Justice of the J&K High Court.
    • The advisory board has a crucial role to play in release of detenus under the PSA.
    • It also bars sitting High Court judges to be made part of the board without the Chief justice’s consultation.
    • The order also scraps a clause that deals with the power to regulate place and conditions of detention.

    Why was such an order made?

    • The J&K since decades had been unchartered territory for rest of the Indian nationals.
    • A wide section of Indians was against reservation in centrally filled jobs being limited only to the J&K residents.
    • They felt that by imposing reservation, it would mean a replay of the conditions that existed when Article 35A was in force.

    Issues with the decision

    1) Real estate misuse

    • Commercialization of land for real estate purposes is the most possible threat.
    • The government needs to take a measured view of the domicile issue for the purpose of purchase of land.

    2) Job losses for locals

    • The main objection of residents is the new definition of domiciles would pave the way for non-local residents encroaching over jobs and land.
    • Following the order, the youth of Jammu have realized the Centre’s decision will reduce their chances at availing top government posts in the union territory.
    • This would result in more competition and lesser chances of erstwhile permanent citizens securing employment in the state.

    3) Land encroachment

    • The order also amended the J&K Property Rights to Slum Dwellers Act.
    • References to “permanent residents” were deleted from the law, making it easier for non-local slum dwellers to gain property rights in Jammu and Kashmir.

    4) Hasty decision

    • The order reflects a casual exercise carried out at the bureaucratic level without taking the aspirations and expectations of people into consideration.
    • At a time when all efforts & attention are focused on the COVID outbreak, the government slipped in a new domicile law for J&K.

    6) Political apathy

    • The haste for domicile law is widely considered inappropriate and insensitive.
    • It is perceived as “an insult upon injury” since the abrogation of article 370 was carried on a promising note.

    Conclusion

    • Considering the high levels of hostilities and trust deficit in the Kashmiri population, the hasteful promulgation of domicile order is questionable.
    • Given this, there is a high chance of Jammu and Ladakh becoming the prime focus for people from different parts of India to buy land and settle.
    • This will bring about considerable economic activity, but the locals here will have to not only offer better space but also equal opportunity to participate in work.
    • This could potentially marginalize the locals once the settlers arrive which can modify their ways of life.

    Way forward

    • It remains to be seen how various political outfits of J&K will navigate themselves in the midst of the new political and administrative realities that have taken shape since last year.
    • All mainstream political parties of Kashmir has already stated by way of the ‘Gupkar declaration’ that any tinkering with the special status of J&K would be considered an act of war against its people.
    • All political parties and people from civil society must be taken on board to achieve the larger good of the inhabitants of UT & nation both.
    • Those affected most by the law should be consulted with immediate actions.

     




    References

    https://www.civilsdaily.com/news/jk-reorganization-adaptation-of-state-laws-order-2020/

    https://www.thehindu.com/news/national/govt-jobs-to-be-reserved-only-for-domiciles-of-jk-says-centre/article31224164.ece

    https://scroll.in/article/957948/slow-demographic-change-new-j-k-domicile-rules-draw-chorus-of-protests

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