Earlier, if a Jammu-Kashmir woman married outside the erstwhile state, her husband was not eligible for the domicile of the erstwhile state. This rule was not changed even after Article 370 and 35A was abrogated on August 5, 2019.
Bringing a significant change in the domicile rule of Jammu and Kashmir, the administration inserted provisions in the rule which would make non-native husbands of Jammu and Kashmir women eligible for the Union Territory's domicile.
The tehsildar has been authorized to issue domicile certificates, and the Deputy Commissioner is the appellate authority
The Jammu and Kashmir administration has added a clause to the J&K Grant of Domicile Certificate (Procedure) Rules, 2020, which has brought about this sweeping change.
The notification read "in exercise of the powers conferred by the proviso to Article 309 of the Constitution of India, read with section 15 of the Jammu and Kashmir Civil Service (Decentralization and Recruitment) Act 2010, the government hereby directs that", the new clause shall be added “in the table appended to sub rule (1) of rule 5 of the Jammu and Kashmir Grant of Domicile (Procedure) Rules, 2020, after S.No./Clause 6.”
The gazette notification issued by the Central government on August 4, 2020, had a provision for issuing a domicile certificate only to those who have lived in the Union Territory for 15 years or have studied for seven years and appeared in Class 10 or 12 exams in the UT.
