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News India Live, Digital Desk: Jharkhand High Court has given a very important decision regarding ‘Local Policy’ which has been in controversy for a long time in Jharkhand. The court has clearly refused to interfere in any way in the local policy of the state. The bench headed by the Chief Justice made it clear that determining local policy is entirely the domain of the government and the role of the judiciary in this is limited.
Why did the court say- ‘We cannot interfere’?
The petition filed in the High Court challenged some of the inconsistencies in the state’s existing local policy. Hearing this, the court said that making local policy is a ‘Policy Matter’ Is. Under the Constitution, the executive (government) has the right to decide the qualifications keeping in mind the interests of the citizens of the state. The court said that unless a policy clearly violates constitutional provisions, the court cannot order changes in it.
Government has the right to change
This decision of the court directly means that now the ball of local policy is completely in the court of Hemant Soren government. The High Court said that if anyone has any objection to the policy, he can present his views before the competent authority or the government. If the government wishes, it can amend it or bring a new law based on public sentiments and needs of the state. It is worth noting that in Jharkhand, a political tug of war has been going on for a long time regarding the policy based on the Khatian of 1932.
What is the whole controversy about local policy?
There has been a controversy for the last several years regarding who is a ‘local’ in Jharkhand.
Khatian of 1932: Many tribal and indigenous organizations are demanding to make the land records (khatian) of 1932 the basis of locality.
Old Policy: Earlier governments had set 1985 or other cut-off dates, which had drawn widespread opposition.
Constitutional hurdles: Such efforts have faced legal challenges in the past, as 100% reservation or discrimination based on specific geographical grounds have often been rejected by courts.
There will be a direct impact on students and appointments.
After this stance of the High Court, discussion has also started on the future of many stalled appointments and competitive examinations (JSSC, JPSC) in the state. Due to lack of clear local policy, recruitment processes often get stuck in courts. Now that the court has made its stand clear, it is expected that the government will soon come up with a concrete and universally accepted policy so that the youth can get employment opportunities.