Centre not planning legislation on lines of Article 371 for UT of J&K

AVINAV VERMA. Updated: 12/12/2019 9:30:44 AM Front Page

JAMMU: Amid reports that domicile certificates for the residents of Union Territory (UT) of Jammu and Kashmir (J&K) for protection of land as well as property is being considered, the union government on Wednesday clarified that it was not working to extend any legislation on the lines of Article 371, which grants certain temporary, transition and special provisions for some states.
Following Bhartiya Janta Party (BJP)-led Union Government’s decision to abrogate article 370, the residents in the erstwhile are anxious about land security.
The Article 370 granted J&K a special autonomous status while Article 35A allowed the state legislature to define the Jammu and Kashmir's permanent residents.
The state's Constitution, at the time of its adoption in 1956, defined a permanent resident as someone who was a state subject on May 14, 1954, or who has been a resident for 10 years, and has lawfully acquired immovable property. This clause meant that no outsider can own property in J&K or get a state job. The article is also known as the Permanent Residents Law.
After the union government decision, the voices were also raised from different society and politicians demanding legislation on lines of Article 371 for securing protection to the land and property.
Moreover, Bhartiya Janta Party (BJP’s) state unit hinted several times that centre is mulling to issue domicile certificate to those persons, who would be living in Jammu and Kashmir for 10-15 years.
“There is fear among people that their land and jobs would be taken away. We want to allay the concerns of the people. We cannot waive the constitution but whatever is permissible will be done to protect rights of the locals,” the party had said.
Article 371 of the Indian Constitution is connected to granting special provisions for some states of the Indian Union. As part of XXI and XXII of the Constitution of India, Article 371 grants some temporary, transition and special provisions to some states in the country. Ranging from Article 371-A to Article 371-J, this Article gives special provisions for the states of Maharashtra, Gujarat, Nagaland, Assam, Manipur, Andhra Pradesh, Sikkim, Mizoram, Arunachal Pradesh, Goa and Karnataka.
The main objectives behind the Article 371 granting special provisions to some states are to meet the unique needs of the backward regions of these states, protect the economic and cultural interests of these regions, combat the local challenges and protect the customary laws in these regions.
Moreover, the union government clarifies that it is not working to bring any legislation on lines of Article 371 for securing protection to the land and property for the Union Territory of Jammu and Kashmir.
“As per the Jammu and Kashmir Reorganisation Act, 2019, the Central Government has powers to adapt existing laws only. The powers to make laws under the State List and Concurrent List that relate to land and property are vested with the Legislative Assembly of the Union Territory of Jammu and Kashmir,” a credible source told The News Now.


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