what are mulki rules
Answers
What exactly are Mulki Rules
In, urdu language, mulk is a nation, and the residents are Mulkis.The fight for jobs for the mulkis had a long chequerred history. In the present context, it is necessary to understand the origin:
n The Mulki Rules formed part of the Hyderabad Civil Services Regulations promulgated in obedience to His Exalted Highness the Nizam’s Firman dated 25th Ramzan 1337 Hijri , corresponding to 1919 A.D
n The State of Hyderabad was then a native Indian State, which had not acceded to the Dominion of India after the Indian Independence Act, 1947.
n Article 39 of Hyderabad Civil Service Rules, as contained in Chapter III of Regulations reads as follows, Appendix N.
“ 39. No person will be appointed in any Superior or Inferior services without specific sanction of His exalted Highness, if he is not a Mulki, in terms of the rules laid down in Appendix “ N”
Clause 6 of Rules:
1) A person shall be called a Mulki if----
a) by birth he is a subject of the Hyderabad State, or
b) by residence in the Hyderabad State, be entitled to be a Mulki, or
c) his father having completed 15 years of Service was in the Government Service at the time of his birth , or
d) she is a wife of a person who is a Mulki.
3) A person shall be called a Mulki who was a permanent resident of the Hyderabad State for at least 15 years and has abandoned the idea of returning to the place of his residence and has obtained an affidavit to that effect on a prescribed form attested by a Magistrate.
7) Presribes the contents of the application to be made for grant of a Mulki Certificate and required the applicant, among other things, to say:
a, b, c, ----------------------
d) Where was he he residing, prior to his residing in the Hyderabad
State
e) Place of birth and nationality of his father and grand father
f, g, ----------------
h) From what period the applicant is permanently residing in the Hyderabad State and whether he has abandoned the idea of returning to his native land
I, j, --------------
9) Stipulates conditions for verification of the contents by the Police Department.
Constitutional safeguards
Parliament, in effect, gave statutory recognition to this agreement ( Gentlemen’s Agreement ) by making the necessary constitutional amendment in Art.371., providing for the constitution of the Telangana Regional Committee—the Constitution ( Seventh Amendment) Act, 1956, inter alia- substituted a new Article 371 for the old, the relevant part, the relevant part of which reads as follows
“ 371, Special Provision with respect to the States of Andhra Pradesh, Punjab, and Bombay—Notwithstanding any thing in this constitution the President may by Order made with respect to the States of Andhra Pradesh and provide for the constitution of and functions of regional committees of the legislative Assembly of the State for the modifications, to be made in the rules of business of the Government and in the rules of procedure of the Legislative Assembly of the State and for any special responsibility of the Governor in order to secure the proper functioning of the regional committees.”
.—( Para 11 of the Supreme Court judgment )
The Supreme Court also examined the validity of Mulki Rules in the context of Section 16 (3 ), and held Mulki Rules valid because the “ the Public Employment (Requirement as to Residence ) Act, 1957” received the assent of the President, and came into forceon March 21, 1959 as AP Employment( Requirement as to Residence) Rules, 1959. The preamble reads “An act to make in pursuance of clause (3) of article 16 of the Constitution special provisions for requirement as to residence in regard to certain classes of public employment in certain areas and to repeal existing laws prescribing any such recruitment.”
Brief Note (c ) of the Supreme Court Judgement says that the effect of reorganization of States made under Articles 3 and 4 of making Telangana a part of a new State of Andhra pradesh must be ignored under Article 35(b) and hence the Mulki Rules continue in force, even after constitution of the State of Andhra Pradesh, Under the Reorganisation of States Act, 1956.
---------It cannot be denied that the purpose of states reorganization of states is not to take away fundamental rights. ( of Telangana People) ( Para 17 of the Judgement)
The meaning of Mulki rules is as follows-
- The Mulki rule originated with an aim to protect and preserve the rights of the locals over job opportunities in a particular district/ state in Hyderabad.
- These rules were established as a result of the movement in Telangana.
- The people who are the residents of Hyderabad for over 15 years are eligible for government jobs in the state.
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