Local Resident of Jharkhand Bill

Local Resident of Jharkhand Bill mind map
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Passed by Jharkhand Assembly
On December 15, 2023
When
First proposed in 2022
Why
Define local residents
Reserve jobs for locals
What
Definition of Local Resident
Based on 1932 land records
Includes landless individuals
Identified by Gram Sabhas
Reservation for Locals
100% reservation in Class-III and Class-IV jobs
Under Jharkhand state government
Legal Controversies
Bill returned twice by Governor
Concerns of constitutional violations
Sought opinion of Attorney General of India
Governor's concerns about Article 14 and 16(A)
Aimed to be placed in Ninth Schedule to avoid judicial review
Opposition Views
Leader of Opposition's concerns
Potential legal hurdles
Historical Background
Similar policy in 2002
Struck down by courts
Reservation Amendment Bill
Reservation raised from 60% to 77%
Includes SC, OBC, ST, EWS categories
Addresses socio-economic dynamics
Who
Proposed by Hemant Soren, Chief Minister
Opposition by Amar Bauri
Governor CP Radhakrishnan
Finance Minister Dr Rameshwar Oraon
How
Ratified by voice vote in Assembly
Significance
Addresses demands of tribals, indigenous people
Aims to protect local interests
Challenges
Legal and constitutional challenges
Potential conflicts with national policies
Way Forward
Seeking presidential approval
Awaiting judicial response

The Local Resident of Jharkhand Bill, passed by the Jharkhand Assembly in December 2023, aims to define ‘local resident’ based on land records from 1932 or earlier, including provisions for landless individuals identified by Gram Sabhas. This bill paves the way for 100% reservation for locals in Class-III and Class-IV state government jobs. The bill faced opposition and was returned twice for reconsideration due to constitutional concerns raised by Governor CP Radhakrishnan, particularly regarding potential violations of Articles 14 and 16(A) of the Indian Constitution. Chief Minister Hemant Soren’s government aims to place the bill in the Ninth Schedule to avoid judicial review, despite its controversial nature and similarity to a policy introduced in 2002, which was struck down by the courts. Additionally, the Jharkhand Assembly ratified an amendment bill increasing reservations from 60% to 77%, covering various social categories. The bill now awaits presidential approval and a judicial response to the legal challenges it faces.

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