ECHOES OF GUJARAT DISTURBED AREAS LAW

Why in the News?

• Rajasthan Bill: Rajasthan government plans a “disturbed areas” law, invoking concerns over demographic imbalance and improper clustering.
• Gujarat Parallel: The proposal closely mirrors Gujarat’s Disturbed Areas Act, whose constitutional validity is under judicial scrutiny.

CONSTITUTIONAL AND LEGAL CONCERNS

• Fundamental Rights: Experts argue the law may violate Article 19(1)(e) guaranteeing the right to reside and settle anywhere in India.
• Non-Discrimination: It also raises concerns under Article 15, which prohibits discrimination based on religion, caste, or place of birth.
• State Overreach: Critics say regulating who buys property where allows the State to police neighbourhood demographics.
• Organic Mixing: Such regulation may prevent natural social integration of communities in urban and semi-urban areas.
• Judicial Review: Despite claims of finality, High Courts retain review powers under constitutional law.

PENDING CASES AND JUDICIAL INTERVENTION

• HC Challenges: The constitutional validity of the Gujarat Act is currently pending before the Gujarat High Court.
• Stayed Amendments: In January 2021, the court stayed 2020 amendments expanding the Act’s scope on demographic grounds.
• Interim Relief: The stay continues, restricting the State from issuing notifications based on vague demographic criteria.
• Key Judgments: Courts have repeatedly narrowed the law’s scope to prevent administrative misuse.
• Rajasthan Link: Rajasthan’s justification of “improper clustering” closely resembles language already stayed by courts.