Now Any Indian Can Buy Land in Jammu & Kashmir But Not in Northeast

With the BJP-led centers’ intervention people from across the country now can buy land in Jammu and Kashmir by the amendment of several laws, a move which mainstream political parties in the union territory said was akin to putting the erstwhile state up “for sale”.

The MHA notified what it calls UT of Jammu and Kashmir Reorganisation (Adaptation of Central Laws) Third Order, 2020. The Centre has repealed or substituted 26 state laws.

In a gazette notification, the Centre has omitted the phrase “permanent resident of the state” from Section 17 of the Jammu and Kashmir Development Act that deals with disposal of the land in the union territory.

However the same is not applicable for northeast as a major part of the Northeast still continues to be under the Sixth Schedule of the Constitution.

Non-tribal people and outsiders can’t buy any land under Sixth Schedule areas and there are different statewise provisions in the Northeast.

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.

On the other hand, Mizoram and Nagaland (excluding Dimapur) are protected by Article 371G and 371A of the Indian Constitution and ownership rights of land are reserved for indigenous people and there are Inner Line Permit (ILP) provisions in many states of the region.

The Sixth Schedule within the constitution of India allows Autonomous District Councils (ADCs) to make laws forbidding outsiders from buying tribal land.