Guwahati: The Government of Assam is set to introduce a new domicile policy that will restrict eligibility for state government jobs exclusively to individuals born in Assam, Chief Minister Himanta Biswa Sarma announced on Sunday, August 4, 2024.

The move aims to prioritize the state’s indigenous population in public sector employment, addressing long-standing concerns over local job opportunities and safeguarding the demographic and cultural identity of Assam. The policy is expected to be tabled in the state assembly within the next two months.

What was announced

Chief Minister Himanta Biswa Sarma formally announced the forthcoming domicile policy during a Bharatiya Janata Party (BJP) state executive meeting held in Guwahati on Sunday. He stated that under the new policy, only those individuals who were born in Assam would be considered eligible for government employment within the state. The Chief Minister indicated that the policy would be introduced in the assembly within the next two months.

This announcement comes as part of the government’s broader commitment to protecting the rights and interests of Assam’s native people. The Chief Minister also highlighted the government’s efforts in transparent recruitment, noting that over 97,000 jobs have been filled in a transparent manner since May 2021.

Why it matters

The proposed domicile policy holds significant implications for job aspirants and the state’s employment landscape. By reserving government jobs for those born in Assam, the policy seeks to ensure that employment opportunities within the public sector are primarily directed towards individuals with a strong connection to the state.

Chief Minister Sarma emphasized that the policy is a crucial step in addressing the state’s changing demography, which he described as a “huge concern” and a “matter of life and death” for him. The government believes this measure will help protect the interests of the indigenous population and strengthen the cultural and demographic fabric of Assam. The policy is also aligned with the government’s stated goal of ensuring transparency and fairness in the recruitment process.

Background

The debate surrounding domicile-based reservations in employment is not new, particularly in states with unique demographic and historical contexts like Assam. The state has a long history of movements and political discourse centered on migration, identity, and the protection of indigenous rights. The Assam Accord of 1985, for instance, set a distinct cut-off date of March 25, 1971, for determining citizenship in the state, acknowledging its unique challenges.

Chief Minister Sarma has previously indicated that other states, including Madhya Pradesh, Uttarakhand, and Gujarat, have implemented their own domicile policies for government recruitment. However, the constitutional validity of such state-level domicile reservations has been a subject of legal scrutiny. The Supreme Court of India, in cases like Pradeep Jain v Union of India, has generally expressed reservations against policies that reserve jobs solely on the basis of place of birth, viewing them as potentially violative of Article 16 of the Constitution, which guarantees equal treatment in public employment.

Article 16(2) of the Constitution explicitly prohibits discrimination on grounds of place of birth or residence in matters of public employment. While Article 16(3) allows Parliament to make laws prescribing residence requirements for jobs in a particular state, this power is vested solely in the Parliament and not in state legislatures.

The current Assam government, led by Chief Minister Sarma, has consistently emphasized its commitment to transparent and merit-based recruitment. Since assuming office in May 2021, the administration has filled over 97,000 government positions, with plans to add another 50,000. The Chief Minister has often contrasted these efforts with previous regimes, which he claimed were marred by corruption and legal complications. In September 2024, the Assam government also introduced the Assam Public Examination (Measures for Prevention of Unfair Means in Recruitment) Act, 2024, to further ensure transparency and fairness in recruitment tests.

Key details

The core tenet of the upcoming domicile policy is that only individuals born in Assam will be eligible for state government jobs. The Chief Minister stated that the policy is expected to be introduced “within the next two months.”

While the specific definition of “born in the state” and other detailed criteria are yet to be fully outlined in the legislative proposal, the emphasis is on establishing a clear link to the state by birth. Currently, existing Permanent Resident Certificate (PRC) guidelines in Assam require applicants or their parents to have permanent residence in the state for a minimum of 50 years, and the applicant to have resided in Assam for at least 20 years. PRCs are primarily used for admission to educational institutions.

Furthermore, local language proficiency has already been made a compulsory condition for selection in many Assam state government jobs, with candidates required to demonstrate aptitude in the local language.

Reactions

The announcement of the new domicile policy has been met with strong statements from the ruling party. Chief Minister Himanta Biswa Sarma asserted that the policy reflects the government’s unwavering resolve to protect the rights of the Assamese people.

“Our government is dedicated to prioritizing indigenous people in the allocation of government jobs,” Chief Minister Himanta Biswa Sarma said.

He also criticized the opposition Congress party, suggesting that past policies had disproportionately favored certain communities.

“At one time, 30% reservation was given to a particular community in constable jobs,” Sarma said, hinting at past practices he deemed unfair.

Assam BJP President Bhabesh Kalita echoed the Chief Minister’s sentiments, stating the party’s commitment to protecting “Jati, Mati, and Bheti” (community, land, and home) of the state. The proposed policy is anticipated to generate both support from those advocating for indigenous rights and potential opposition from groups concerned about its constitutional implications or impact on non-indigenous residents.

What’s next

The Government of Assam is expected to present the new domicile policy in the state assembly within the next two months for legislative approval. The Chief Minister’s Office will likely release further details regarding the specific criteria and implementation framework once the policy is formally introduced.

In addition to the domicile policy, Chief Minister Sarma has also announced plans for other legislative measures. These include the introduction of a law mandating life imprisonment in cases of ‘love jihad’ and a policy requiring the Chief Minister’s approval for inter-religion land transfers. The government is also pursuing “Mission 2 Lakh Govt Jobs,” an initiative to create two lakh government jobs over the next five years.

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