In a big push for greater integration with India following the annulment of Article 370 in August 2019, the central government has notified a new land law for Jammu and Kashmir. Under the new law, residents from across the country will be able to buy immovable property in Jammu and Kashmir, says a report published by Times Now.
The order called as Union Territory of Jammu and Kashmir Reorganisation (Adaptation of Central Laws) Third Order, 2020, was released by the Ministry of Home Affairs.
The notification would come into force with immediate effect. It also stated that the General Clauses Act, 1897 would apply for the interpretation of this Order as it applies for interpretation of laws in force in the territory of India.
Article 35A allowed JK legislature to define permanent residents and grant them special privileges
Earlier, the existence of Article 35A prohibited the purchase of land for citizens from other parts of the country except Jammu and Kashmir. The article allowed Jammu and Kashmir legislature to define permanent residents of the state and only those who were eligible could purchase land or property.
While the residents of Jammu and Kashmir were free to buy immovable property in the state as well as the rest of the country, the Article 35A did not allow the citizens not residing in Jammu and Kashmir to buy land in the state.
This glaring inconsistency was believed to be one of the reasons for the annulment of Article 370 and Article 35A. The central government at the time of abrogation and subsequent transformation of the state into two Union territories reasoned that the abolition of the articles would pave the way for the development of Kashmir and boost greater assimilation of the state with the Union of India.