The scrapping of Article 370 has caused a wave of change in Jammu and Kashmir, revoking the limitation that allowed only permanent residents to purchase and inherit property. However, it is noteworthy that contracts resembling this exist under Article 371 in other states as well. These articles embody the diversity of our nation, allowing various regions to uphold their intrinsic cultural uniqueness. They confer special rights and governance procedures, offering protection to native customs, practices, and legacies.
Article 371A: Land Ownership in Nagaland
Article 371A includes provisions that curtail anyone who is not a resident from acquiring land in Nagaland. Such property can exclusively be purchased by the tribals who are established residents of this state. Hence, this article safeguards the interests and resources of the indigenous tribes, keeping their welfare at its core.
Article 371F: Sikkim Government’s Land Rights and More
Under Article 371F, the Sikkim government holds the ownership rights of all land within the state, irrespective of whether it was privately owned before the state’s consolidation with India. Furthermore, the constitution instructs a term of four years for the Sikkim state assembly. However, this clause has been observed more in breach, with assembly elections being held every five years instead. Interestingly, this article also states that neither the Supreme Court nor any other court shall interfere in disputes or matters arising out of treaties, agreements, or engagements relating to Sikkim. Nonetheless, there is a provision that allows presidential intervention if a constitutional law issue arises.
HTML TABLE
| Article | State | Provisions |
|---|---|---|
| 371A | Nagaland | Only residents can buy land |
| 371F | Sikkim | State owns all land, special terms for assembly, exclusive jurisdiction |
| 371G | Mizoram | Only tribals can own land, except for private sector industrial setup |
| 371 | Himachal Pradesh | Non-residents cannot buy agricultural land |
Article 371G: Mizoram’s Land Ownership and Industrialization
Mizoram houses provisions much like those in Nagaland under Article 371G. It restricts land ownership to the state’s tribals, with one notable exception – private sector industries are permitted to set up without tribal possession. Also, as per the Mizoram (Land Acquisition, Rehabilitation and Resettlement) Act of 2016, land can now be procured by the state government.
Both the Articles 371A and 371G, and Their Limitations on Parliament’s Authority
Articles 371A and 371G share a common ground in limiting Parliament’s power to institute any law that disrupts tribal religious laws, customs, or their justice system. These enactments preserve tribal autonomy, supporting their cultural heritage and self-governance.
Article 371 and its Application in Himachal Pradesh
In the hilly terrains of Himachal Pradesh governed under Article 371, non-residents are still barred from purchasing agricultural land. This restriction adds another level of protection for native communities against outsider intrusion.
The provisions under these articles concretely exhibit the Indian constitution’s commitment to upholding cultural diversity, protecting indigenous rights and catering to regional nuances. They serve as a testament to India’s democratic spirit and dedication to preserving its rich cultural fabric.