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SOURCE: API

India’s Grand Old Congress Party, which introduced Article 371 into the Indian Constitution, is now requesting that the Union Territory of Jammu and Kashmir be granted Article 371 of the Constitution, which is unlikely because Article 370 does not grant the state autonomy but instead provides special provisions.

Special provisions under Article 371 apply to Mizoram, Manipur, Meghalaya, Tripura, Himachal Pradesh, Sikkim, and some areas of Assam, as well as some areas of the Karnataka-Hyderabad region.

Article 371A, as applied to Nagaland, states¬†that no act of Parliament shall apply to the state of Nagaland in matters relating to Naga religious or social practice’s, Naga customary law and procedure, administration of civil or criminal justice involving Naga customary law decisions, and ownership and transfer of land and its resources. For an act to be applicable to the state, the Nagaland Legislative Assembly must pass a resolution.

Article 371G, which applies to the state of Mizoram, states that an act of Parliament would not apply to Mizoram in matters relating to Mizo religious or social practices’, Mizo customary law and procedure, administration of civil or criminal justice involving Mizo customary law decisions, ownership and transfer of land and its resources.

Only Sikkim, Nagaland, and Mizoram have special provisions that prohibit the ownership and transfer of land and its resources to non tribals.

Because of the repeal of old laws in Union Territory of Jammu and Kashmir and the modification of others, there are no restrictions on outsiders purchasing urban or non-agricultural land in the Union Territory, but Purchase of agricultural land by a person who is not a ‘agriculturist’ is not permitted.

It is unclear which style of 371 Congress Party the BJP-led government is demanding or intends to bring if it returns to power in 2024.