drsundaram
Active member
Even though Art. 370 has been abrogated, we still have some more anomalous situations in the Indian Union. What is the Central Government doing about these?
Article 371 is alive and kicking
Article 370, which limited purchase and inheritance of property to permanent residents, may be dead in J&K but its clones are very much alive and kicking in several Indian states
ARTICLE 371A This provision in the Constitution prohibits anyone who’s not a resident from buying land in Nagaland, which may only be bought by tribals who are residents of the state.
ARTICLE 371F Sikkim, which was the last state to be merged into the Indian union in 1975, also has several Constitutional privileges — though some are being flouted either advertently or inadvertently.
Article 371F bestowed on the state government the right of ownership of all land in the state, even if it was owned by private individuals prior to the state’s merger with India. Interestingly, the same Constitutional provision mandates a four-year term for the Sikkim state assembly — though assembly elections in the state have violated that clause as they have been held every 5 years. Moreover, Article 371F states that “neither the Supreme Court nor any other court shall have jurisdiction in respect of any dispute or other matter arising out of any treaty, agreement, engagement or other similar instrument relating to Sikkim”, albeit with a small caveat that allows the President to step in should there be such a need related to a constitutional law.
ARTICLE 371G Similar to Article 371A, it limits the ownership of land to Mizoram’s tribals — except that for setting up industries by the private sector, land can now be acquired by the state government as per the provisions of Mizoram (Land Acquisition, Rehabilitation and Resettlement) Act, 2016. That apart, both Article 371A and Article 371G limit the Parliament’s authority to enact any law that interferes with tribal religious laws, customs, including their justice system.
ARTICLE 371 Though it’s ruled by the BJP, non-residents are still not allowed to buy agriculture land in Himachal Pradesh.
https://tinyurl.com/y34aw4kg
So much for Indian Unity in Diversity.
Article 371 is alive and kicking
Article 370, which limited purchase and inheritance of property to permanent residents, may be dead in J&K but its clones are very much alive and kicking in several Indian states
ARTICLE 371A This provision in the Constitution prohibits anyone who’s not a resident from buying land in Nagaland, which may only be bought by tribals who are residents of the state.
ARTICLE 371F Sikkim, which was the last state to be merged into the Indian union in 1975, also has several Constitutional privileges — though some are being flouted either advertently or inadvertently.
Article 371F bestowed on the state government the right of ownership of all land in the state, even if it was owned by private individuals prior to the state’s merger with India. Interestingly, the same Constitutional provision mandates a four-year term for the Sikkim state assembly — though assembly elections in the state have violated that clause as they have been held every 5 years. Moreover, Article 371F states that “neither the Supreme Court nor any other court shall have jurisdiction in respect of any dispute or other matter arising out of any treaty, agreement, engagement or other similar instrument relating to Sikkim”, albeit with a small caveat that allows the President to step in should there be such a need related to a constitutional law.
ARTICLE 371G Similar to Article 371A, it limits the ownership of land to Mizoram’s tribals — except that for setting up industries by the private sector, land can now be acquired by the state government as per the provisions of Mizoram (Land Acquisition, Rehabilitation and Resettlement) Act, 2016. That apart, both Article 371A and Article 371G limit the Parliament’s authority to enact any law that interferes with tribal religious laws, customs, including their justice system.
ARTICLE 371 Though it’s ruled by the BJP, non-residents are still not allowed to buy agriculture land in Himachal Pradesh.
https://tinyurl.com/y34aw4kg
So much for Indian Unity in Diversity.
