CURRENT AFFAIRS | MARCH 26, 2026
The Gujarat Legislative Assembly has passed the Disturbed Areas Amendment Bill 2026, significantly expanding the scope of the state’s controversial property regulation law. The amendment renames “Disturbed Areas” as “Specified Areas,” expands the definition of aggrieved persons, and enhances the Collector’s powers to regulate property transfers in areas prone to communal tensions.
What Changed?
The original Disturbed Areas Act (1991) allowed the Gujarat government to designate areas with a history of communal riots, requiring all property transfers in such areas to get the District Collector’s approval. The 2026 Amendment Bill makes the following key changes:
- Renaming: “Disturbed Areas” renamed to “Specified Areas” (Nirdisht Visitar)
- Expanded Definition: “Aggrieved person” scope expanded — any resident of a designated area can now approach the Collector for protection
- Enhanced Collector Powers: Collector can initiate suo motu inquiries and examine property transactions; can take possession of property if transfer found objectionable
- New Notification Criteria: Areas can now be designated where there is a “likelihood of disturbance to public order” — not just areas with existing communal riot history
- Mortgage Provision: Property owners in specified areas can now mortgage immovable property with financial institutions
- Monitoring Committee: Strengthened oversight through monitoring and advisory committees
The Legislative Debate
The Bill was presented by MoS Revenue Sanjaysinh Mahida, who stated the amendments were intended to prevent involuntary migration and protect lawful property owners. Congress MLA Imran Khedawala opposed the Bill, arguing it was originally conceived as a temporary measure but has remained in force for decades. The opposition feared it could enable “forced migration” and arbitrary property seizure.
Constitutional Framework
- Article 19(1)(d) — Freedom to move freely throughout India (restrictions permissible under Art. 19(5) on grounds of public interest or protection of Scheduled Tribes)
- Article 19(1)(e) — Right to reside and settle in any part of the territory of India
- Article 19(5) — State can impose reasonable restrictions on rights under Art. 19(1)(d) and (e)
- Article 300A — No person shall be deprived of his property save by authority of law (constitutional right, not fundamental right after 44th Amendment)
- Article 14 — Equality before law — requires the “reasonable classification” test (intelligible differentia + rational nexus)
Background: The Disturbed Areas Act
The Gujarat Disturbed Areas Act originated as an ordinance and was later formalized in 1991. Under this law, a District Collector can notify a particular area as “disturbed” based on the history of communal riots. Once notified, any transfer of immovable property in that area requires the Collector’s prior permission. The stated objective is to prevent distress sales and demographic changes caused by communal violence.
Key Facts
| Original Act | Gujarat Disturbed Areas Act, 1991 |
| New Name | Specified Areas (Nirdisht Visitar) |
| Key Power | Collector can take suo motu cognizance and seize property |
| Property Right | Art. 300A — Constitutional right (not fundamental) |
| Related Law | Transfer of Property Act, 1882 |
CLAT Angle
This topic is highly exam-relevant. Key areas to prepare:
- Distinction between fundamental right (pre-44th Amendment) and constitutional right (post-44th Amendment) to property
- Article 19(5) reasonable restrictions on freedom of movement and residence
- Reasonable classification test under Article 14 — can an entire area be classified based on “likelihood” of disturbance?
- State List entry on Public Order (Entry 1, List II) — legislative competence of State Assembly
- Balance between public order and individual property rights
Mnemonic: Property Rights Evolution
F-C-L: Fundamental (Art. 19(1)(f) + Art. 31, pre-1978) → Constitutional (Art. 300A, post-44th Amendment, 1978) → Legal (ordinary legislation can regulate, but deprivation only by authority of law). Remember: 44th Amendment removed property from Part III.
Practice Quiz
Practice Quiz — 10 CLAT-Style Questions
Click an option to reveal the answer and explanation.
Conclusion
The Gujarat Disturbed Areas Amendment Bill 2026 raises fundamental questions about the balance between maintaining public order and protecting individual property rights. The expansion of state power to designate areas based on a “likelihood” of disturbance — rather than actual communal incidents — pushes the boundaries of reasonable restriction under Article 19(5). CLAT aspirants should focus on the evolving nature of property rights in India, the reasonable classification test under Article 14, and the legislative competence of State Assemblies on matters of public order.
