The Road so Far: Forest Rights Act and Constitutionality
- March 12, 2021
It is argued that the Act is a colourable piece of legislation that is outside the legislative competence of the Parliament as it falls under the State List, and therefore, ultra vires the Constitution. The petitioners contend that the forest lands referred to in the Act are more closely associated with the item ‘Land’ instead of ‘Forests’ because it deals with the conversion of forest lands into revenue lands and pertains to rights accrued in and over such land.
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