Enemy Property: Notes for UPSC GS-II

Enemy property is the property left behind in India by people who took Pakistani and Chinese citizenship. The Enemy Property Act was enacted in 1968 after the 1965 war with Pakistan to regulate such properties. The same was done for property left behind by those who went to China after the 1962 Sino-Indian war (which began on 2oth October 1962). The ownership of these properties was passed on to a government department known as the Custodian for Enemy Property in India. The Enemy Property (Amendment and Validation) Act, 2017 amended a few clauses of the original act.

The topic comes under Indian Polity subject for IAS Exam, highlighting Indian constitutional provisions. Aspirants can also download the Enemy Property notes PDF.

Enemy Property Act 2017

This Enemy Property Act was amended in 2017. As per the amended act, enemy property refers to any property belonging to, held, or managed on behalf of an enemy, an enemy subject, or an enemy firm. The new act ensures that the heirs of the people who migrated to China and Pakistan during partition and later on will have no claim over the properties left behind in India by their ancestors. The law of succession does not apply to enemy property, i.e. it denied legal heirs any right over the enemy property.

The Indian government has started the process of selling through auctions these properties in India which are more than 9400 in number and worth more than Rs. 1 lakh crore. It is noteworthy that our neighbour Pakistan has already disposed of such properties in their country, following the 1971 war (Began on December 03, 1971)

Current Affairs Related Facts about Enemy Property

The following news has been around relating to the Enemy Properties in India. Aspirants can learn these for UPSC 2020 and write answers with respect to updates information.

1. The government declared that as many as 12,426 immovable properties across the country valued at around Rs. 1 lakh crore, as well as enemy shares of 302 companies, are currently vested in Custodian of Enemy Property in India.
2. The maximum of Enemy Properties is located in Uttar Pradesh (5936), West Bengal (4301), Delhi (659) & Goa (295).
3. The enemy properties are spread over 23 states/UTs in India
4. In 2018, it was declared that a total 9,280 enemy properties had been left behind by Pakistani nationals, and 126 by Chinese nationals
5. Government planned disposal of enemy properties and for that two committees headed by senior officials will be set up

Details of Enemy Property in India

Enemy Property Background

When war broke out in 1962 (with China) and in 1965 and 1971 (with Pakistan), the Government of India took over the properties of the citizens of China and Pakistan under the provisions of the Defence of India Acts. These legislations defined an ‘enemy’ as any country that committed acts of aggression against India and her citizens. Their properties were categorised as ‘enemy properties’. The properties include buildings, land, gold, and jewellery and shares held in companies.

As per the Tashkent Declaration, signed in January 1966 after the end of hostilities during the 1965 war with Pakistan, both the countries were to discuss the return of properties taken over by either side during the war. However, Pakistan sold off all their enemy properties in 1971 itself.

Enemy property is a concept in law and polity and needs to be understood for the UPSC exam. This was also recently in the news as the law was amended in 2017 and the government has started auctioning off such properties.

Aspirants can refer to the below-given articles that are similar to a topic like Enemy Property:

Enemy Property in India – UPSC Indian Polity Notes:-Download PDF Here

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