The land laws have been changed in J&K
- Posted By
10Pointer
- Categories
Polity & Governance
- Published
13th Nov, 2020
-
Context
- The Ministry of Home Affairs, through an order, introduced amendments to 14 laws of the erstwhile state of Jammu and Kashmir, and repealed 12 others.
- Key Highlights
- The changes are made in J&K Development Act, 1970, The J&K Land Revenue Act, 1996, The Agrarian Reforms Act, 1976 and The J&K Land Grants Act, 1960.
- The Jammu and Kashmir Alienation of Land Act, 1938, and The Big Landed Estates Abolition Act, 1950, have been repealed.
What would be the changes?
- Now the transfer of land in favour of any person who is not a State Subject is allowed.
- Nhe Big Landed Estates Abolition Act also specifically prohibited transfer of land to non-state subjects, but now can be transferred.
- The mention of “permanent resident of the state” has also been omitted, pertaining to “disposal of land by the authority”.
- Protection is also given to the agricultural land.
The J&K Reorganisation Act,2019
- J&K’s was stripped of its special status.
- Article 35A has also been repealed and changes had made in Art 370.
- The domicile clause has also been introduced.
Apprehensions among the people
- The fear of demographic change rising in the only Muslim majority region in the country. The concerns are also raised about the sale of lands and agricultural lands.
- A concern is about that “outsiders” would pour into the UT which will fundamentally change the character of the region.
Has Article 370 been scrapped?
- The Constitution (Application to Jammu and Kashmir) Order, 2019, has not abrogated Article 370.
- While this provision remains in the statute book, it has been used to withdraw the special status of Jammu and Kashmir.
- Article 370 is the second Article of Part XXI of India’s Constitution, which is titled “Temporary, Transitional and Special Provisions”.
What has changed in Jammu and Kashmir?
- The state of Jammu and Kashmir will now cease to exist; it will be replaced by two new Union Territories: Jammu and Kashmir, and Ladakh.
- The UT of Jammu and Kashmir will have an Assembly, like in Delhi and Puducherry.