Staff Correspondent
Sri Vijaya Puram, Feb. 7: In a significant move to address the long-standing demand for local preference in government jobs and higher education, Member of Parliament, Mr. Bishnu Pada Ray has written to the Home Minister of India, Mr. Amit Shah, urging the immediate establishment of a legal framework supporting the issuance of local certificates in the Andaman & Nicobar Islands.
In his letter dated 07/02/2025, the MP highlighted the 1984 directive from the Ministry of Home Affairs, which prescribed norms for issuing local certificates in the Union Territory. These certificates were once mandatory for employment in the A&N Administration and for higher education. However, their enforcement was challenged in legal proceedings that ultimately reached the Hon’ble Supreme Court in the case of UOI & Ors vs. Sanjay Pant.
During the court proceedings, the A&N Administration and the Union of India defended the necessity of local certificates under Article 16(4) of the Constitution. However, the administration failed to provide a formal notification to justify the local candidate requirement, leading to the Supreme Court’s dismissal of the appeal in 1992. The Court refrained from making any judgment on the constitutional validity of the local certificate but emphasized that the matter required proper legal backing.
Since the ruling, local certificates have ceased to be a prerequisite for employment in the territory, significantly impacting local youth. The MP pointed out that the Andaman & Nicobar Islands, being geographically remote, face unique challenges in fair competition with mainland candidates. Unemployment remains a pressing issue, and the absence of local preference in government jobs has exacerbated the situation.
Mr. Bishnu Pada Ray also referenced a 2002 Supreme Court judgment in W.P. (C) No. 202 of 1995, which directed the issuance of Islanders Identity Cards. He highlighted that these identity cards are currently issued based on executive decisions alone, underscoring the necessity of a legal framework to ensure enforceability and continuity.
With the recent enactment of domicile laws in Ladakh, the Member of Parliament stressed that the demand for similar provisions in the A&N Islands has gained further momentum. He urged the Home Minister to issue necessary notifications under Article 16(4) of the Constitution, thereby granting legal sanctity to the existing executive decision on local certificates.
Leave a Reply