SC Issues Notices to Telangana and AP Over Plea Challenging 1970 Tribal Land Law

The Supreme Court has issued notices to the state governments of Telangana and Andhra Pradesh following petitions filed by hundreds of non-tribals challenging the constitutional validity of Regulation 1 of 1970, which protects Adivasi land rights in the Scheduled Areas of both states.

The non-tribal petitioners have approached the apex court seeking to nullify the regulation, contending that it infringes upon their constitutional rights to own, enjoy, and dispose of property. They argue that the statutory restrictions on the purchase, sale, mortgage, and transfer of immovable property in Scheduled Areas violate rights guaranteed under Articles 14, 19, 21, and 300-A of the Constitution.

The legal challenge has emerged as a matter of serious concern for tribal communities. Regulation 1 of 1970 was enacted under the constitutional framework of the Fifth Schedule read with Article 244, receiving the assent of the President of India. It amended Regulation 1 of 1959, which had banned the transfer of land from tribals to non-tribals, by expanding the prohibition to cover land transfers even between non-tribals within the Scheduled Areas.

Under the statutory rules, a non-tribal seeking to sell land in a Scheduled Area can sell it to a tribal resident of the state. The regulation does not interfere with lands lawfully acquired by non-tribals or valid transactions executed between non-tribals prior to 1970, nor does it bar non-tribals from continuing to possess and enjoy lands lawfully inherited from their ancestors.

The constitutional validity of Regulation 1 of 1970 has been addressed by the judiciary in the past. As early as 1988, the Supreme Court upheld its validity in the P Rami Reddy case, while the 1996 S Venkataramanayya ruling clarified protections surrounding lawful acquisitions prior to 1970. Despite these precedents, non-tribal petitioners have once again brought the protective legislation before the apex court.