Ease of doing business in the wake ofpre-emptory legislation: Himachal Pradesh-A case study

Abstract

Owing to its immaculate environment, pristine aesthetics and rich resources, many are covetous of purchasing land in the state of Himachal Pradesh. To pursue their aspirations, many people from other states started alluring the poor and innocent farmers by purchasing their land at residuary prices by the sheer strength of money, thereby rendering these farmers landless and thus enabling them to avail benefits under numerous state welfare schemes for the landless. In a bid to obviate such state of affairs the government of Himachal Pradesh enacted a stringent preemptory legislation restraining all non-agriculturists, whether belonging to the state or otherwise, from purchasing land in Himachal. On the flip side, Section 118 of HP Tenancy and Land Reforms Act, 1972, attracted severe criticism for its cumbersome and dilatory provisions besides curtailing freedom to reside and conduct business anywhere in India. In addition, the shield provided by its inclusion in the IXth schedule to the Indian Constitution, circumvents any judicial review thereof. Through this article, a comprehensive attempt has been made to traverse through the provisions of this Act, its hurdles in ease of doing business, procrastinating and repulsive procedures prevailing in the state followed by a well contemplated view to elucidate the intricacies of law.