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NOW, OUTSIDERS CAN BUY LAND IN JAMMU AND KASHMIR

Focus: GS-II Polity and Governance

Why in news?

People as well as investors outside Jammu and Kashmir can now purchase land in the Union Territory (UT) as the Centre notified new land laws for the region, ending the exclusive rights of locals over the land granted under now abrogated Article 370.

Details

  • Under the newly introduced J&K Development Act, the term “being permanent resident of the State” as a criterion has been “omitted”, paving the way for investors outside J&K to invest in the UT.
  • The Centre has been arguing that Article 370 hampered development in the U.T. as investors were unable to purchase land prior to August 5, 2019.
  • The Centre is likely to notify separate land laws for the UT of Ladakh soon.
  • Under a new provision, 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.
  • Prior to the Jammu and Kashmir Reorganization Act Indian citizens from other states could not purchase land or property in Jammu and Kashmir.

Background

  • The first formal document of Kashmir came out through Kalhana’s Rajatarangini. Both Hindus and Muslims had ruled Kashmir time to time before independence. During Ranjit Singh’s rule, even Sikhs also governed this area.
  • In 1822, Gulab Singh became the King. Ranbir Singh came to power after the death of Gulab Singh in 1857.
  • Hari Singh took the charge of state in 1925. He was the king of Kashmir when the treaty was signed with India.

Accession of J&K to India

  • Jammu and Kashmir was one among the 565 princely states of India on which the British paramountcy lapsed at the stroke of midnight on 15th August 1947 under the Partition Plan provided by the Indian Independence Act.
  • The rulers of princely states were given an option to join either India or Pakistan. The ruler of Kashmir Maharaja Hari Singh did not exercise the option immediately. He instead offered a proposal of standstill agreement to both India and Pakistan, pending the final decision on the state’s accession.
  • Pakistan entered into the standstill agreement but it invaded the Kashmir from north with an army of soldiers and tribesmen carrying modern weapons. In the early hours of 24th October, 1947, thousands of tribal Pathan swept into Kashmir.
  • The Maharaja of Jammu and Kashmir appealed to India for help. He sent his representative Sheikh Abdullah to Delhi to ask for India’s help.
  • On 26th October 1947, Maharaja Hari Singh fled from Srinagar and arrived in Jammu where he signed an ‘Instrument of Accession’ of J&K state.
  • According to the terms of the document, the Indian Jurisdiction would extend to external affairs, communications and defence. After the document was signed, Indian troops were airlifted into the state and fought alongside the Kashmiris.
  • In 1948, Maharaja Hari Singh announced the formation of an interim popular government with Sheikh Mohammed Abdullah as the Prime Minister.
  • Subsequently, the Maharaja signed a proclamation making Yuvraj Karan Singh as Regent.

Delhi Agreement

  • In 1951, the state constituent assembly was elected. It met for the first time in Srinagar on 31st October 1951.
  • In 1952, The Delhi Agreement was signed between Prime Ministers of India and Jammu & Kashmir giving special position to the state under Indian Constitutional framework.
  • On 6th February 1954, the J&K constituent assembly ratified the accession of the state to the Union of India.
  • The President subsequently issued the constitution order under Article 370 of the Constitution extending the Union Constitution to the state with some exceptions and modifications.

Jammu and Kashmir Reorganization Act, 2019

  • The Jammu and Kashmir Reorganisation Bill, 2019, provides for reorganisation of the state of Jammu and Kashmir into the Union Territory of Jammu and Kashmir and Union Territory of Ladakh.
  • The Bill reorganises the state of Jammu and Kashmir into: (i) the Union Territory of Jammu and Kashmir with a legislature, and (ii) the Union Territory of Ladakh without a legislature.
  • The Union Territory of Ladakh will comprise Kargil and Leh districts, and the Union Territory of Jammu and Kashmir will comprise the remaining territories of the existing state of Jammu and Kashmir.
  • The Union Territory of Jammu and Kashmir will be administered by the President, through an administrator appointed by him known as the Lieutenant Governor.
  • The Union Territory of Ladakh will be administered by the President, through a Lieutenant Governor appointed by him.
  • The High Court of Jammu and Kashmir will be the common High Court for the Union Territories of Ladakh, and Jammu and Kashmir.  Further, the Union Territory of Jammu and Kashmir will have an Advocate General to provide legal advice to the government of the Union Territory. 
  • The Legislative Council of the state of Jammu and Kashmir will be abolished.  Upon dissolution, all Bills pending in the Council will lapse.

-Source: The Hindu

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