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GS Polity Centre and State Relations
Q.

Consider the following statements:

1. The jurisdiction of all lands, minerals and other valuable things near the continental shelf of India vests in the both Union and State government. 

2. The Parliament as well as the state legislature are empowered to make laws for the compulsory acquisition and requisitioning of private property by the government.

Choose the correct statements by using the code given below: 
Explanation:

ANSWER: (B)

  • Statement 1 is not correct.

All lands, minerals and other things of value under the waters of the ocean within the territorial waters of India, the continental shelf of India and the exclusive economic zone of India vests in the Union. Hence, a state near the ocean cannot claim jurisdiction over these things. India’s territorial waters extend to a distance of 12 nautical miles from the appropriate baseline. Similarly, India’s exclusive economic zone extends up to 200 nautical miles.

  • Statement 2 is correct.

The Parliament of India as well as the state legislatures are authorized to make laws for the compulsory acquisition and requisitioning of private property by the governments. Both the Union or a state government can acquire, hold and dispose property under the exercise of its executive power. 

Further, the 44th Amendment Act (1978) has also abolished the constitutional obligation to pay compensation in this regard except in two cases: 

  • when the government acquires the property of a minority educational institution; and 
  • when the government acquires the land held by a person under his personal cultivation and the land is within the statutory ceiling limits.

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