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Meaning of Mulki

  • “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  • Existing laws in newly formed states remained valid unless specifically repealed.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  • Section 2: Repealed pre-existing residential qualification provisions, including Mulki rules.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.
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