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Jharkhand domicile bill row: CM Soren vows to fight Governor hurdle

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A day after Jharkhand Governor Ramesh Bais returned a bill that proposes to use the 1932 land records (khatiyan) to determine domicile status of people, chief minister Hemant Soren said on Monday that his government was ready for a long fight to protect the rights of the tribals and moolvasis (original inhabitants) and accused the Centre of misusing the office of Governor to target states that are b not ruled by the Bharatiya Janata Party (BJP).

Addressing a rally in Saraikela as part of his Khatiyan Johar Yatra, Soren said the Governor canтАЩt dictate terms in implementing laws which are meant for providing jobs to locals.

тАЬIs making a law to provide class 3 and 4 jobs to locals unconstitutional? When we fought for separate Jharkhand, even that was called unconstitutional. We were described at extremists and Naxals. Now when adivasis and moolvasis are demanding their rights, the opposition is having stomach ache. This is just the beginning. We are ready for a long fight. It took us 40 years to get Jharkhand. We snatched Jharkhand and we would snatch our rights as well,тАЭ Soren said.

Warning the Centre about alleged misuse of the office of Governor, Soren said, тАЬThis (bill being returned) is nothing new and unexpected. They are doing it in all non-BJP states. But I would like to warn them. This is not Delhi, Jammu & Kashmir and Andaman. This is Jharkhand, which is being ruled by a son of the soil who will protect the rights of the locals. The Governor is representative of both the Centre and the President. He is custodian of the Constitution. We would not let him misuse the same Constitution under which he took oath.тАЭ

The Jharkhand government, at a special assembly session on November 11 last year, passed the тАЬJharkhand definition of local persons and for extending the consequential, social, cultural and other benefits to such local persons Bill, 2022тАЭ, popularly known as 1932 Khatiyan Bill.

As per the bill provisions, only those who have their names, or that of their ancestors, in the khatiyan (land records) of 1932 or before will be considered as a local inhabitant of Jharkhand and only they would be entitled for grade 3 and 4 government jobs in the state, the draft legislation had proposed.

The new law would come into effect only after the Centre includes it in the ninth schedule of the Constitution. A law in the ninth schedule is shielded from judicial review. The state government had sent the Bill to the Raj Bhawan for its assent and for forwarding it to the Centre for its inclusion in the ninth schedule.

Governor Bais, however, returned the Bill back to the government for reconsideration on Sunday, underlining that it was unconstitutional and the government needs to review its legality and frame it as per constitutional norms and court rulings.

Addressing a press conference over the issue, JMM principal general secretary Supriyo Bhattacharya hinted the state government could return the Bill back to the Governor without any changes.

тАЬWe will taking legal opinion over the objections raised by the Governor. This government works as per the sentiments of the moolvais and adivasis and we can send the Bill back to the Governor so that he forward it to the Centre for inclusion in ninth schedule,тАЭ said Bhattacharya.

Meanwhile, BJP legislature party leader Babulal Marandi said their worst fear has come true.

тАЬWe have always maintained that the state itself is empowered to make such laws. They want to send it to Centre just for diversion of attention from their failures in past three years. CM has been paying crores of rupees from public funds to lawyers for defending themselves against corruption charges. They should similarly hire lawyers and take legal opinion and make a law that is constitutional,тАЭ said Marandi.

Chief minister Soren has been on Khatiyan Johar Yatra since December 8, touring in phases every district to showcase his governmentтАЩs achievements, including the 1932 khatiyan bill.

Assembly elections in Jharkhand are due next year.

Sudhir Pal, a political observer, said while political parties could cash in on such issues, the youth in the state would be at the receiving end.

тАЬThe employment policy was shot down by the court in the past. And any issue which deals with domicile is ought to face legal scrutiny. So ultimately, it is the people of the state, especially the youth waiting for jobs, who will have to suffer,тАЭ he said.


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