Article 371 | 06 Aug 2019

While Article 370, which limited purchase and inheritance of property to permanent residents, was scrapped for J&K, similar provisions are also provided under Article 371 in many states.

  • Article 371A prohibits anyone who is not a resident from buying land in Nagaland, which may only be bought by tribals who are residents of the state.
  • Article 371F bestows on Sikkim government the right of ownership of all land in the state, even if it was owned by private individuals prior to the state’s merger with India.
    • The same Constitutional provision mandates a four-year term for the Sikkim state assembly, though assembly elections in the state have violated that clause as they have been held every 5 years.
    • Moreover, Article 371F states that “neither the Supreme Court nor any other court shall have jurisdiction in respect of any dispute or other matter arising out of any treaty, agreement, engagement or other similar instrument relating to Sikkim”,however, a specific condition allows the President to step in if the need arises related to constitutional law.
  • Article 371G is similar to Article 371A, as it limits the ownership of land to Mizoram’s tribals except for setting up of industries by the private sector, land can now be acquired by the state government as per the provisions of Mizoram (Land Acquisition, Rehabilitation and Resettlement) Act, 2016.
  • Both Article 371A and Article 371G limit the Parliament’s authority to enact any law that interferes with tribal religious laws, customs, including their justice system.
  • Moreover, under Article 371 non-residents are still not allowed to buy agriculture land in Himachal Pradesh.

Source: TOI