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Special provision with respect to Mizoram

Special provision with respect to Mizoram
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Recently, the Mizoram government set up a committee to look into whether the new Central government ordinance on land acquisition is applicable to the...

Recently, the Mizoram government set up a committee to look into whether the new Central government ordinance on land acquisition is applicable to the State, given the autonomy it has by the Constitution under Article 371(G). A nod from the legislative Assembly would be critical. Let us examine why it is so.

After annexation by the British in the 1890s, northern part of Mizoram was administered as the Lushai Hills district of Assam, while southern Mizoram was part of Bengal. In 1898, the southern part was transferred from Bengal to Assam. Post independence, like several other north-eastern states of India, Mizoram was previously part of Assam until 1972, when it was carved out as a Union Territory. It became the 23rd State of India, a step above the Union Territory, on February 20, 1987.

On the 30th June, 1986, a Memorandum of Settlement on Mizoram was signed by the Government of India and the Government of Mizoram with the Mizo National front which envisages among other things the conferment of statehood on the Union territory of Mizoram subject to the other stipulations contained in the Memorandum.

Notwithstanding anything in this Constitution — (a) no Act of Parliament in respect of (i) religious or social practices of the Mizos; (ii) Mizo customary law and procedure; (iii) administration of civil and criminal justice involving decisions according to Mizo customary law; and (iv) ownership and transfer of land, shall apply to the State of Mizoram unless the Legislative Assembly of the State of Mizoram by a resolution.

It has been provided that nothing in this clause shall apply to any Central Act in force in the Union territory of Mizoram immediately before the commencement of the Constitution (Fifty-third Amendment) Act, 1986.

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