1. What is 118th Constitutional Amendment Bill, 2012?
  2. What is Article 371?
  3. What is Article 371-J?
  4. What is Domicile requirement?
  5. Where do Domicile requirements apply?

What is 118th Constitutional Amendment Bill, 2012?

  • It seeks to amend Article 371 of the Constitution of India.
  • to insert a new article 371-J.

What is Article 371?

  • Falls under Part 21 of Indian Constitution (Temporary, Transitional and Special Provisions).
  • Article 371 and its sub-articles, deal with special provisions for Assam, Nagaland, Gujarat, Maharashtra etc. Usually, they are about establishing special Development board for the particular backward regions to grant more funds, and/or reservation in local Government jobs-colleges etc.
  • For example Article 371 (D), Telengana region has a provision of local cadres for reservation in direct recruitment and admission to educational institutions and setting up of an administrative tribunal. (Domicile requirement/ ā€˜sons of soilā€™ policy in education and employment)
  • Has been amended many times, to include new articles, for example

What is Article 371-J?

  • Itā€™ll grant special status to six backward districts of Hyderabad-Karnataka region to
  1. Establish a separate Development Board
  2. This board will see that sufficient funds are allocated for Development of the region.
  3. Local reservation in education and Government-jobs (Domicile requirement.)

What is Domicile requirement?

Domicile means you must be a resident of the given area for getting college admission, job, land purchase, fighting elections etc.
Where do Domicile requirements apply?

  1. Jammu and Kashmir- outsider cannot purchase land.
  2. Similar provisions for Scheduled and tribal Areas (5th and 6th Schedule of Indian Constitution)
  3. Recruitment in Army for below-officer ranks. Theyā€™ve district / area wise vacancies and separate educational qualifications according to areas. For example Soldier (General Duty) minimum requirement
    1. Candidate should have passed class 10, if he is from Jaisalmer and Barmer Dists of Rajasthan.
    2. But if heā€™s from Andaman & Nicobar Group of Islands, he can compete even if he is merely passed class 8.
  4. Earlier, if you wanted to contest for Rajya Sabha election from a particular state, you had to be ordinary resident of that state (e.g. Mohan had to buy a house in Dispur to get the votersā€™ card and fight Rajya Sabha elections from Assam.) But then parliament amended to Representation of People in 2003 and removed this provision.

(^List is not exhaustive)