SC has refused to entertain plea challenging amendment providing for 100% domicile reservation in public employment in J&K

In light of the abrogation of Article 370, a petition was filed in the supreme court challenging the 100% domicile reservation in public employment brought in Jammu & Kashmir Reorganization Act, 2019. The petition was rejected.
Liberty is given to the petitioner to move to the Jammu & Kashmir High Court as their first option. The petition states that Parliament never delegated law-making powers to the Centre under Article 16(3) of the Constitution.
Articles 14, 16, 19 & 21 of the Constitution are violated by Sections 3A, 5A, 6, 7 & 8 of the Jammu and Kashmir Civil Services (Decentralization and Recruitment) Act, 2010, the petitioner states in the petition. Under Section 96 of the J&K Reorganization Act, Jammu and Kashmir Civil Services (Decentralisation and Recruitment) Act was amended by the Union Ministry of Home Affairs stating that “permanent resident of J&K” was replaced with “domiciles of UT of J&K”.
In addition to that Section 3A which states that the children of Central government officials who have served in the erstwhile state of Jammu & Kashmir for a total period of 10 years will be considered domiciles of the new U. T. and no person shall be eligible for appointment to any post unless he is a domicile of J&K as per Section 5A
The petition focused on Article 16(2) of the Constitution that states no citizen shall be discriminated on the basis of residence, the amendment made by the Centre under Article 16(3) which allows domicile or residence-based reservation, was beyond its authority.
“Parliament has never delegated law-making power of Article 16(3) of Constitution to the central government under Section-96 of the J&K reorganization Act, 2019. Power Delegated under Section-96 was only for the purpose of facilitating the application of already prevailing law in the former state of J&K or to make laws (which were applicable in the rest of India) applicable to new Union territories of J&K and Ladakh. Every modification or adaption of any law shall be done in that reference only and not beyond”

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