Tarun Karthick
Sri Vijaya Puram, 08 February 2025
Mr. Bishnu Pada Ray, Member of Parliament from the Andaman and Nicobar Islands, has written to Union Home Minister Amit Shah, urging the central government to establish a legal framework for issuing local certificates in the islands. Ray’s appeal focuses on ensuring that local residents get reservation in government employment and higher education, which he argues is vital for the welfare and development of the region’s population.
In his letter dated February 7, 2025, Ray referred to a Ministry of Home Affairs circular issued on February 14, 1984 (letter no. U-14011/10(Section 11)/79 A&N), which had laid down guidelines for defining “locals” and made the local certificate mandatory for government jobs in the Andaman and Nicobar Administration. However, the necessity of this certificate for employment was challenged in court, leading to a legal battle that reached the Supreme Court.
The case, Union of India & Others vs. Sanjay Pant, saw both the Union of India and the Andaman & Nicobar Administration arguing in favor of the local certificate requirement. They defended the policy under Clause (4) of Article 16 of the Constitution, which allows the state to make special provisions for certain categories of citizens in public employment. Despite this, they were unable to produce any formal notification supporting the requirement apart from the 1984 Home Ministry letter.
In its judgment dated December 11, 1992, the Hon’ble Supreme Court dismissed the appeal, stating that there was no sufficient legal basis for the argument. The judgment read:
“We express no opinion on the question of whether it is permissible for the administration to make a provision under Article 16(4) of the Constitution, providing that only ‘local’ candidates will be entitled to or preferred in the matter of appointment to the services and posts under the Administration. As stated hereinabove, the factual foundation for considering the said argument has not been laid by the appellants in this case, and hence, there is no occasion for us to express any opinion on the said issue.”
Following this verdict, the mandatory requirement of a local certificate for employment in the Andaman and Nicobar Administration was discontinued. According to Ray, this decision has significantly affected the islanders, who already face limited job opportunities due to the territory’s geographical isolation, challenging socio-economic conditions, and lack of resources. The MP highlighted that unemployment remains alarmingly high, and the absence of local preference in government jobs has become a persistent issue in the region. This concern has also been raised in the election manifestos of BJP.
Bishnu Pada Ray further pointed out that in its May 7, 2002, judgment in W.P. (C) No. 202 of 1995, the Hon’ble Supreme Court directed the issuance of Islanders Identity Cards to distinguish the residents of the islands. However, these identity cards are currently issued only on the basis of an executive decision, without any legal framework to support their issuance. This, Ray said, underscores the urgent need for a formal legal structure to back such policies and ensure their enforceability and continuity.
The MP’s letter urged the Home Ministry to issue the necessary notification under Article 16(4) of the Constitution, thereby providing legal support to the executive direction on local certificate earlier issued by the Home Ministry. He pointed out that the recent introduction of domicile laws in Ladakh has added momentum to the demand for similar provisions in the Andaman and Nicobar Islands.
Bishnu Pada Ray requested the Home Minister to take swift action on this matter and address the long-pending demand of the people of the islands.