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Now, Outsiders can buy land in Jammu and Kashmir

Context: People, as well as investors outside Jammu and Kashmir, can now purchase land in the Union Territory (UT) as the Centre has notified new land laws for the region.
Amendments to J&K Development Act

  • The Act allowed Indian citizens as well as investors outside the Union Territory (UT) to purchase land in the region.
  • It ended the exclusive rights of locals over the land granted under now abrogated Article 370.
  • The term “being permanent resident of the State” as a criterion has been “omitted”.
  • Investors were unable to purchase land in J&K prior to August 5, 2019 (abrogation of Article 370).
  • It allowed transfer of land in favour of a person or an institution for the purpose of promotion of healthcare or senior secondary or higher or specialized education in J&K.

According to “The Jammu & Kashmir Land Revenue Act, Samvat, 1996”; only agriculturists of J&K can purchase agricultural land.

  • No sale, gift, exchange, or mortgage of the land shall be valid in favour of a person who is not an agriculturist.
  • An army officer (not below the rank of Corps Commander) can declare an area as “Strategic Area” within a local area.
  • Only for direct operational and training requirements of the armed forces.

Criticisms of the move

  • Political parties have opposed the move citing the sale of the state.
  • With these new laws in place, tokenism of the domicile certificate has been done away with, as purchasing non-agricultural land has been made easier.

Why not in Northeast?

  • A major part of the Northeast still continues to be under the Sixth Schedule of the Constitution.
  • The Sixth Schedule consists of provisions for the administration of tribal areas in Assam, Meghalaya, Tripura and Mizoram under Article 244 of the Indian Constitution.
  • The Schedule allows Autonomous District Councils (ADCs) to make laws forbidding outsiders and non-tribal people from buying tribal land.
  • Articles 371A for Nagaland and Article 371G for Mizoram have given special powers to reject any new Acts of Parliament unless accepted through a resolution passed by the state’s legislative assembly.
  • Also, ownership rights of land are reserved for indigenous people and there are Inner Line Permit (ILP) provisions in many states of the region.
  • ILP is applicable in Mizoram, Nagaland and Arunachal Pradesh under the Bengal Eastern Frontier Regulation of 1873.

There are three Autonomous Councils under Sixth Schedule:

  • Bodoland Territorial Council
  • Dima Hasao Autonomous District Council
  • Karbi Anglong Autonomous District Council

Jammu and Kashmir Reorganisation Act, 2019
The Act reorganises the state of Jammu and Kashmir into

  • (i) Union Territory of Jammu and Kashmir with a legislature
  • (ii) Union Territory of Ladakh without a legislature
  • The Act provides for a Legislative Assembly for the Union Territory of Jammu and Kashmir with total number of seats in the Assembly 107.
  • Both the UTs are to be administered by the President, through a Lieutenant Governor appointed by him.

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