Land and property provisions in the Constitution!
Since ancient times, possessing a piece of land has been connected with a person’s societal repute in India. Following India’s independence from the British, constitutional experts inserted clauses that guaranteed inhabitants of India certain rights pertaining to land and property ownership. We have developed a list of major land-related provisions that have found their way into the law book.
According to Article 19 (1) (f) and Article 31 of the Indian constitution, the right to property was a basic right. This Article guarantees Indian citizens the right to acquire, possess, and dispose of the property. Article 31 stated unequivocally that no one shall be stripped of his property by the power of the law.
Nevertheless, the Right to Property was made a fundamental right by the 44th Constitutional Amendment Act of 1978, and a new Article 300A was added. It was done in order to undermine the zamindari system and transfer land to India’s landless population.
The fifth timetable
Andhra Pradesh, Telangana, Gujarat, Jharkhand, Chhattisgarh, Himachal Pradesh, Madhya Pradesh, Maharashtra, Odisha, and Rajasthan are covered under the fifth schedule of the constitution. These states are home to sizable indigenous and tribal populations. The clause empowers them to manage their land and resources in line with their customs. Authorities have pushed to weaken this privilege, claiming that the land is required to grow the sector and produce employment and revenue in poor regions.
The sixth timetable
The sixth schedule of the constitution includes the four northeastern states with a substantial indigenous and tribal population (Assam, Meghalaya, Tripura, and Mizoram) and provides them sovereignty over their land and resources. It enables the establishment of Autonomous District Councils. The Supreme Court of India has determined that indigenous people in Meghalaya (which is covered by the statute) have complete rights to the land and all of its resources and that only indigenous people may provide authorization for mining activities.
Article 371 of the Indian constitution applies to Nagaland, a state in northeastern India. It safeguards the indigenous Naga people’s traditional laws and traditions. It also safeguards their right to own and transfer land and resources. A supplementary article provides comparable safeguards and benefits to Mizoram’s indigenous Mizo people.
The PESA Act is a federal law.
The Panchayat (Extension to Scheduled Areas) Act (PESA) of 1996 grants village councils jurisdiction over land and other resources in the ten Indian states listed by the fifth schedule and acknowledges their traditional laws, rites, and traditions. The permission of village councils is required for state land purchases, mining permits, and other development initiatives.
Other relevant legislation concerning land rights protection
The sale and transfer of farming land to non-farmers are prohibited in the mountainous state of Himachal Pradesh without the permission of state government officials. This law was enacted to protect a precious resource in the steep terrain.
In the Indian state of Jharkhand, a British-era statute prevents indigenous land from being sold or transferred to non-tribal people. Efforts by the state to modify the legislation involving the ability to violent demonstrations among indigenous people.
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