• “Mulki” means native/local, while “Gair Mulki” refers to non-local/non-native.
• The issue of Gair Mulki (Non-locals) began during the Bahmani period.

Historical Context:

1. 1868: Prime Minister Salarjung I introduced provisions ensuring employment opportunities for Mulkis.
2. 1884-1886: During the reign of 6th Nizam, Mir Mahboob Ali Khan, the Civil Services Regulation strengthened Mulki provisions.
3. 1908-1910: Prime Minister Maharaja Kishan Prasad added further regulations.
4. 1919: 7th Nizam, Mir Osman Ali Khan, issued a farman (decree) formalizing Mulki rules.
5. 1949: The Mulki rules of 1919 were reissued by Military Governor Jayanto Nath Chaudhuri through the Civil Service Regulation.

Constitutional Protection for Mulki Rules:

1. Post-Independence:

• On January 26, 1950, the Indian Constitution provided protection to Mulki rules under Article 35(b).
• This ensured the continuation of pre-existing laws, including Mulki rules, which imposed employment restrictions based on residence.

2. Constitutional Provisions:

• Article 16(3): Allows the imposition of residential qualifications for government jobs through legislation.
• Article 372: Empowers Parliament to amend, change, or repeal pre-existing laws.

Hyderabad General Recruitment Rules (1955):

• Framed under Article 309 of the Constitution.
• Governed recruitment and employment in central and state governments.
• Issued through a special notification, setting residential employment criteria.

State Reorganization Act and Mulki Rules (1956):

1. Section 119 of the Act:

• Existing laws in newly formed states remained valid unless specifically repealed.
• Ensured Mulki regulations continued in Telangana post-merger with Andhra State.

2. Protection for Mulki Rules:

• Amendments or changes via Government Orders (G.O.s) or circulars were null and void.
• Only Parliament had the authority to amend these rules under Article 35(b).

Public Employment Act (1957):

1. Introduction:

• Drafted by the Central Government to standardize employment laws nationwide.
• Enforced in Andhra Pradesh from March 21, 1959.

2. Key Sections:

• Section 2: Repealed pre-existing residential qualification provisions, including Mulki rules.
• Section 3:
  • Reinstated Mulki rules for Telangana, ensuring locals were prioritized for government jobs.
  • Defined “Mulki” as a resident of Telangana for 15 years as of Andhra Pradesh’s formation.
  • Mandated that two out of three vacancies in HOD offices and the Secretariat in Hyderabad be reserved for Mulkis.
• Section 5:
  • Provided protections for Mulki rules for five years from the enactment date.
  • Allowed for relaxation under special circumstances if qualified locals were unavailable.

Gentlemen’s Agreement (1956):

• Signed on February 20, 1956, to ensure Mulki rules continued in Telangana post-merger with Andhra State.
• Became the basis for the Andhra Pradesh Public Employment Act (1957).

Violations and Challenges:

1. Relaxations and Violations:

• Andhra rulers frequently violated Mulki rules by exploiting the relaxation clause in Section 5.

2. Tensions and Discontent:

• Violations led to dissatisfaction among Telangana residents, as non-locals increasingly occupied jobs meant for Mulkis.

Significance of Mulki Rules:

• Protected the rights of local residents in employment.
• Played a pivotal role in addressing regional disparities.
• Continued to be a point of contention during and after the formation of Andhra Pradesh.