Jammu & Kashmir Administrative Services (JKPSC)

• 20 Feb 2025

Bill to Legalize Property Rights on State Land in J&K

Why in News? 

A Private Member Bill titled “The Jammu and Kashmir (Regularisation and Recognition of Property Rights of Residents in Public Land) Bill, 2025” has been introduced in the J&K Legislative Assembly.  

Key Points

• Objective of the Bill: 
  • The bill aims to prevent forced evictions of long-term residents.  
  • It seeks to provide security of tenure, aligning with Article 21 (Right to Life and Shelter) of the Constitution. 
  • The bill is a one-time relief measure for long-time occupants. 
  • It ensures legal recognition of homes and allows better urban planning. 
  • The bill seeks to protect fundamental rights under Article 21 (Right to Shelter). 
• Provisions: 
  • The bill confers ownership and property rights on residents living in houses built on state-owned land, common land, Kahcharai land, or Shamilat lands for over 20 years. 
  • It proposes registration of these properties to allow access to financial services like bank loans. 
• Background & Context: 
  • This Private Member Bill  counters the 2020 eviction drive, which retrieved 15 lakh kanals (70,000-75,000 hectares) of land from alleged illegal occupants. 

What is the Private Members' Bill?  

• About:  
  • Private Members' Bills are proposed by Member of Parliaments (MPs) who are not Ministers (i.e., not part of the government), allowing them to introduce laws or amendments on issues important to their constituencies.   
• Procedure:   
  • Drafting and Notice: MPs draft and submit bills with at least one month's notice.  
  • Introduction: Bills are introduced in Parliament, followed by initial discussions.  
  • Debate: If selected, bills are debated, typically in limited Friday afternoon sessions.  
  • Decision: Bills may be withdrawn or proceed to a vote. 

 Right to Shelter (Article 21) and Important Constitutional Provisions 

• The Right to Shelter in India is recognised as a fundamental right under the broader ambit of the Right to Life guaranteed by Article 21 of the Indian Constitution.  
  • This right ensures that every citizen has access to adequate housing, which is considered essential for living a life with dignity. 
  • It implies not just a roof over one's head but also includes adequate privacy, space, security, lighting, ventilation, basic infrastructure, and proximity to workplaces and social amenities. 
• Forced evictions without proper rehabilitation and due process violate the Right to Shelter.