Indian Polity • ConstitutionHard
Analyze the constitutional validity of land tenure restrictions under Article 19(5) in Himachal Pradesh, specifically the Himachal Pradesh Tenancy and Land Reforms Act restricting non-agriculturists from purchasing land.
A. It violates the absolute right to property under Article 300A.
B. It is a valid restriction imposed in the interest of the general public and the protection of scheduled tribes and local agrarian interests under Article 19(5).✓ Correct Answer
C. It contravenes the freedom of trade and commerce guaranteed under Article 301 without parliamentary ratification.
D. It is unconstitutional because state legislatures lack the competence to restrict property ownership based on domicile.
💡 Solution & Explanation
Article 19(5) empowers the state to impose reasonable restrictions on the exercise of freedom of movement and residence in the interest of the general public or for the protection of the interests of any scheduled tribe, validating local land laws in Himachal Pradesh. The right to property is a legal right, not a fundamental right, making property-related arguments under Part III obsolete for general challenge. State legislatures possess specific legislative entries under the Seventh Schedule to regulate land tenure. Similar protective land laws exist in other hill and tribal states to prevent demographic and economic displacement.
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