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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of Home Affairs, through an order, introduced amendments to 14 laws of the erstwhile state of Jammu and Kashmir, and repealed 12 others.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  • The Jammu and Kashmir Alienation of Land Act, 1938, and The Big Landed Estates Abolition Act, 1950, have been repealed.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  • Article 35A has also been repealed and changes had made in Art 370.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.

Verifying, please be patient.