land reforms post independence

7/27/2019 Land Reforms Post Independence

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[Land Reforms] Post Independence: Abolition of Zamindari, Reasons,Impact, Obstacles, Limitations, First Amendment

1. Prologue

2. What is Land reform?

3. Land reforms: broad vs narrow sense

1. What are the objectives of Land reforms?

2. Increase production

3. social justice

4. Economic development

5. Improve standard of living4. Post-Freedom: Towards land reforms

5. Why Abolish Zamindari?

6. First Amendment, 1951

1. #1: SEBC

2. #2: Freedom of Speech

3. #3 Freedom ofProfession

4. #4: Land Reforms

5. #4 Minor modification

7. Timeline of Zamindari Abolition by States

8. Zamindari Abolition Acts: Salient Features1. #1: Compensation

2. #2: CommonLand/resources

3. #3: Ownership transfer

4. #4: Personal Cultivation

5. #5: Direct payment of land revenue

9. Zamindari Abolition: Limitations/Obstacles/Negative points

1. #1: Land reform Delayed= Land reform Denied

2. #2: Personal cultivation

3. #3: New form of Zamindari

4. #4: Not much for Ryotwari

10. Zamindari Abolition: Benefits/Positive points

1. #1: Agro Production increased

2. #2: Emancipation

3. #3: Changed rural power structure

4. #4: Towards an Egalitarian Society

5. #5: Rise of middleclass

11. Mock Questions

12. Appendix: the 9thSchedule
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Prologue

So far in the [Land Reform] series, weve seen:

1. Three land tenure system of the British: Their features, implications .

2. Peasant struggles for land reforms in British Raj: causes and consequences.

3. Land reforms, Beforeindependence: by Congress governments in Provinces, their benefits

and limitations.

Now we look into land reform measures after the independence. But first, Lets once

again recap the meaning and importance of land reforms.

What is Land reform?

Agro productivity is affected by two type of factors:

INSTITUTIONAL

FACTORS TECHNICAL FACTORS

1. land tenure

system

2. size of land

holdings

3. land

distribution

1. climate, soil, rainfall

2. farm mechanization

3. farming techniques: use of hybrid seeds, fertilizer,

pesticides, irrigation methods

Reforms related to ^institutionalfactors are called land reforms.

Lets check some more definitions

def1Land Reforms is a planned and institutional reorganisation of the relation

between man and land

def2Land Reforms mean deliberate change introduced into system of land tenure

and the farming structure

def3

Land reforms imply such institutional changes which turn over ownership of

the farms to those who actually till the soil, and which raise the size of thefarm to make it operationally viable.

def4Land reforms mean, such measures as, abolition of intermediaries, tenancy

reforms, ceiling on land holdings, consolidation and cooperative farming etc.

def5 Improving land tenureand institutions related to agriculture.

def6redistribution of property rights

For the benefit of the landless poor.
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def7

integrated program

to remove the barriers for economic and social development

Caused by deficiencies in the existing landtenuresystem.

Ya but why learn so many definition? Ans. UPSC may directly give you a definition and

ask you to comment on it-just like they do in public administration paper I. Example

Mock Questions:

1. Land Reforms is a planned and institutional reorganisation of the relation

between man and land. Comment.

2. Land reform is not confined to just redistribution of property rights among the

landless poor. Comment.

3. Examine the change introduced into system of land tenure and the farming

structure during first five year plan.

4. Define Land reforms. Examine its role in removing the barriers for economic

and social development in India.

Land reforms: broad vs narrow sense

broad sense narrow sense

concerned with land rent, land ownership, land holding,

land revenue+ credit, marketing, abolition of

intermediaries, etc.

Concerned only with land

ownership and land

holdings.

What are the objectives of Land reforms?or Why do we need land reforms?

Increase production

Tenant farmer has no motivation to improve agricultural practices because

He doesnt own land=cant get loans through banks / formal institutions.

He doesnt own land=why bother?

He has to pay heavy rent to the landowner=hardly any surplus income left

to invest in hybrid seeds, fertilizers, pesticides, machinery etc.In other words, the agrarian structure that we inherited from the past (Zamindari,

landlessness etc.) obstructs increase in agricultural production. Land reforms

will remove these obstructions.

Land ownership/ tenure security will motivate farmers to work harder, invest

more and thus produce more =more income=standard of life improved + poverty

decreased.

For Development of Indian agriculture the importance of land reforms is greater

than that of technological reforms. (according to Nobel prize-winner Gunnar


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Myrdal and K.N. Raj, etc.)

social justice

1. Zamindari abolition= also eliminates Begari (forced

labour)

2. Land ceiling= reduces the inequality of income and

land ownership among villagers. Provides land to

landless labourers.3. Tenancy reforms= reduces rents. Landowner cannot

evict a tenant farmer as per his whims and fancies.

1+2+3= Rural power structure changed. Upper caste

domination decreased. Empowerment of SC/ST/OBC

farmers, agri.labourers.

Thus land reform=> Social justice + Egalitarian society.

Economicdevelopment

1. on one hand: land reform increase production

2. on the other hand, land reforms will also provide

social justice.

3. Abolishing intermediaries (Zamindar, Talukdar,

Jagirdar etc)= the State directly comes in contact with

farmers. This direct relation will help in rural

Development and agri. Development as per five year

plans.

1+2+3=long term economic development.

Improvestandard ofliving

When,

1. agro production increased

2. social justice given

3. Economic development achieved.

1+2+3= villagers standard of living automatically

increases.

Mock Questions

1. Land reforms have been treated as an integral part of eradicating poverty, and

increasing of agricultural production. Comment.

2. Explain the role of Land reforms in providing social justice and moving towards

an egalitarian society.

Post-Freedom: Towards land reforms


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At this time, we had two set of victim-farmers

1. Those refugee-farmers who migrated from Pakistan.

2. Those exploited by zamindars, landlords and moneylenders.

So first question: what was done for those refugee farmers?

Government settled them in Eastern parts of current Punjab (because from this

area, muslim farmers had migrated to Pakistan so land was available)

First, each refugee farmer family given 4 ht. of land, irrespective of how much

land they owned in Pakistan. Government also gave them loans to buy

seeds/fertilizers, so they can start temporary cultivation.

Later, each refugee family was asked file application regarding how much land

they owned in Pakistan.

These claims were verified by village assemblies and each family was allotted

proportional land in Punjab. by 1950 this work was finished.

Now moving to the second type of victim-farmers: those exploited by zamindars,landlords and moneylenders. What was done for them?

November 1947: the AICC appointed a special committee to draw up an

economic programme for the Congress.

name of this committee= Economic Program committee

Chairman= Nehru.

Other members: Maulana Azad, N.G. Ranga, G.L. Nanda, Jayaprakash Narayan

etc.

For land reforms, committee recommended that:

1. All intermediaries

between the tiller

and the state should

be eliminated

aka Zamindari abolition. Covered in this article.

2. Maximum size of

holding should befixed. The surplus

land over such a

maximum should be

acquired and placed

at the disposal of the

village cooperatives.

aka Land ceiling. Covered in next article.

3. Present land revenueNot covered in any article. because income from


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system to be

replaced by

progressive

agricultural income

tax.

agriculture is exempted from income tax. And therefore,

many filmstars use fake papers to claim they are

farmers. (and then they dance in Dawoods Party

@dubai, earn money, manipulate the account books to

show that cash coming from their agriculture income

and thus evade tax.)

4. All middlemenshould be replaced

by non-profit

making agencies,

such as

cooperatives.

5. Pilot schemes for

cooperative farming

among small land

holders

aka Cooperative farming. Will be covered in future

article.

6. Consolidate small

land holdings and

prevent further land

fragmentation.

Aka consolidation of land holdings. Will be covered in

future article.

Lets start with Land Reform Method #1: Zamindari Abolition. But first question:

Why Abolish Zamindari?

in the first article under [Land reform], we saw the three land tenure system of British-

Zamindari, Ryotwari and Mahalwari.

In Zamindari areas (BeBi: Bengal, Bihar), the British government outsourced the

land Revenue collection work to Zamindars. Similarly in the Princely states had

Jagirdars.

These intermediaries would:

1. Force the tenants to provide demand free labour (Begari)2. evict tenants as per their whims and fancies = no tenure security

3. Enjoyed lavish lifestyle, did not add anything to agriculture productivity, yet

charged high rent they were like todays Middleman @APMC Mandi that we saw

under [Food processing] article series.

Therefore, it was necessary to remove these intermediaries,

1. Because Art. 23prohibited Begari. But at the grassroot level, Begari couldnot

be stopped unless Zamindari itself was abolished.
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2. Because Art. 38wanted to minimize inequality of income, status and

opportunities. When Zamindars control ~40% of Indias cultivated land, there

was no opportunity / status for tenant farmers working under them.

3. Because Art. 39wanted equitable distribution of the material resources of the

community for common good. But in villages, these Zamindars control ponds,

lakes, forests, grazing lands etc. and didnt allow others to freely access them.

4. Because Art.48wanted to organize agriculture and animal husbandry on

modern-scientific lines but Zamindars were orthodox rent-seeking mindset, andtenant farmer had neither the money nor the motivation to scientific farming.

5. Because First Five year plan also asked for abolition of

intermediaries/zamindars to increase agro. Production, farmers income, to

provide social justice and move towards an egalitarian society.

First Amendment, 1951

You already know that First amendment =>9thschedule, whatever laws listed this

schedule, courts cannot inquire into them. But first Amendment is not just about9thSchedule /Zamindari abolition. It dealt with many other issues as well.

Microsoft released Windows 8 Operating System. Later, they realized

limitations, problems with Win8, so recently they released an upgrade Windows

8.1 to fix it.

Similarly, Constitution came into force from January 1950. But from January

1950 to May 1951 (=~15 months), government realized variety of

deficiencies/problems with Constitution. So, cameup with First amendment to

fix those issues in 1951.

#1: SEBC

Before Amendment

Art. 15: State cannot discriminate against any citizen..

So according to this (original) provision, if government provided reservation or any

welfare scheme for SC/ST/OBC/PH, then general category could approach court

saying were discriminated against and hence our fundamental right is violated.

Another Angle:

DPSP Art.46: State should promote with special care the educational and economic

interests of the weaker sections of the people and protect them from social injustice.

But this Directive principle cannot be implement because of Art.15

so, government had to fix this inconsistency with Art.15.


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After the 1stAmendment

Article 15 shall NOT prevent the State from making any special provision for the

advancement of any socially and educationally backward classes (SEBC) of

citizens or for the Scheduled Castes and the Scheduled Tribes.

In other words, if government makes law for SEBC/SC/ST, they cannot be

challenged in courts on the grounds that Art.15 is violated.

#2: Freedom of Speech

before

Amendment

Some courts held the 19/1/a (freedom of speech) so comprehensive

and sacrosanct that

Even if a person advocated murder, violence or hatred against any

caste/religion/person/nation, he could not be convicted.

What if an ACIOleaked national security related data to a

journalist? Both could still claim immunity on the grounds of

freedom of speech.

after

State can make law to put reasonable restriction on freedom of

speech, with respect to:

1. National security

2. friendly relations with foreign countries

3. public order, decency or morality

4. contempt of court

5. Defamation or incitement to an offence.

#3 Freedom of Profession

BEFORE 1STAMENDMENT

Art. 19(1)(g): The citizen has right to practice any profession or to carry on any

occupation, trade or business.

Now suppose

1. A person without MBBS degree, starts a clinic.

2. A person without doing any pharmacy course, opens a medical store

But if the State authorities tried to stop him, he could approach courts saying my

fundamental right is violated!

Another angle:According to Industrial licensing policy, atomic energy is reserved

for public sector. But an entrepreneur could challenge this in court and start his own
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private nuclear plant. (=risky and dangerous from national security point of view)

AFTER 1STAMENDMENT

1. The State CAN make laws to prescribe professional or technical qualifications

necessary for practicing any profession or carrying on any occupation, trade or

business. in other words, if you open a clinic without doing MBBS, you can be

jailed and you cannot claim protection under Art.192. The State can make laws to carry out any trade/business/service by itself or thru

its corporations. And can exclude any businessmen, citizen or private industries

from carrying out those activities. In other words, if state reserves atomic

energy or railways for public sector only then private entrepreneur cannot

approach court saying his fundamental right under Art.19 is violated.

#4: Land Reforms

BEFORE 1ST

AMENDMENT

by 1949: Uttar Pradesh, Madhya Pradesh, Bihar, Madras, Assam and Bombay

states introduced Zamindari abolition bills.

They all used the report of the Uttar Pradesh Zamindari Abolition Committee

(chaired by G.B. Pant) acting as the initial model.

but Zamindars approached courts, raising issues like our right to property has

been violated or were not given fair compensation etc.

Hence Union government came up with provisions to prevent courts from

entertaining such pleas.

AFTER 1STAMENDMENT

Added three things to the constitution

1. two new articles (31 A and B)

2. one schedule (9thSchedule)

Art 31A:

State can make laws to acquire any estates / rights related to estates.

Estate =also includes any jagir, inam or muafi or other similar grant;

Rights= also includes rights of any proprietor, sub-proprietor, under-proprietor,

tenure-holder or other intermediary- with respect to land revenue.

And courts cannot declare such law void, on the ground that it violates

fundamental rights.

(But) if such law is made by a state legislation, then it cannot claim immunity

under Art.31A, until it receives assent from the President of India.

Sidenote: later Fifth Amendment added more laws that cannot be challenged in


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courts.

Art31B:

The Acts and regulations listed in 9thSchedule of the constitution = cannot be

challenged in courts on the ground that they are violating fundamental rights.

Meaning, courts are prohibited from doing any judicial review of the items listed

in 9th

Schedule.

9thSchedule:

The first Amendment act listed 13 acts and regulations in 9thschedule. all meant

for abolishing Zamindari. Meaning Zamindars could not approach courts against

those laws. (boring list given @bottom of this current article)

Later 14thAmendment, 34thAmendment etc. also added more laws related to

land reforms in this 9thSchedule. You can read more about them in

Laxmikanths appendix for constitutional amendments.

#4 Minor modification

A few minor amendments in respect of articles 341, 342, 372 and 376.

Anyways we digressed much from the Zamindari abolition topic so lets come back.

So far weve seen:

1. what is land reform2. what are the objectives of land reform

3. post-independence, how we moved towards land reform

4. we saw how first amendment 1951

modified freedom of speech

modified freedom of profession

Protected Zamindari abolition/law reform laws via Art 31A, 31B and 9th

Schedule.

Now lets talk about the actual Abolition of Zamindari:

Timeline of Zamindari Abolition by States

Era States that abolished Zamindari

1948 to 50s Madras, Bombay and Hyderabad states

1951 Bihar, Uttar Pradesh, Madhya Pradesh and Assam

1952 Orissa, Punjab, Swarashtra and Rajasthan

1953 Vindhya Pradesh and Bhopal

1954 West Bengal, Himachal Pradesh and Delhi


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Zamindari Abolition Acts: Salient Features

Since land = falls under State list, so state legislatures had to enact the zamindari

abolition. Meaning no uniformity. Different states have different provisions. But lets

check the common features of all such state acts.

#1: Compensation

Ownership and land revenue related rights of the zamindars = abolished.

Lands transferred to the (superior) tenants.

State governments gave compensation to Zamindars ~670 crore rupees.

Some states created Zamindari Abolition fund and gave Bonds to Zamindars

as compensation. These bonds could be redeemed after a period of 10 to 30

years. (why long term bonds? why not pay all cash upfront? think about the fiscal

deficit angle!)

State Compensation to Zamindar

Jammu

Kashmir

No compensation paid to them. And this also led to Hindu-Muslim

bitterness because Almost all Zamindars were Hindu (in Jammu region).

Uttar

Pradesh

Compensation according to Zamindars income.

Small Zamindar= Annual income times 20

Big Zamindar= Annual income times (2 or 4)

In other words- compensation formula inversely related to Zamindars

income during British raj.

#2: Common Land/resources

Example wasteland, grazing land, ponds, wells, forest area surrounding the

village.

earlier Zamindars controlled such common land/resources and

charged fees from villagers, if they wanted to use it.

did not allow SC/ST to full access these common land/resources.

These Zamindari Abolition acts, transferred the ownership of such common

land/resources to Village Panchayat. And Forest area= gone to Forestdepartment.

#3:Ownershiptransfer

Bhumidhar=tenant farmers, who cultivated Zamindars

land.

In Uttar Pradesh, Bhumidhar can become owner of the

land after paying 10 times the annual rent to his

Zamindar.


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#4:PersonalCultivation

Land which was cultivated by the zamindar himself =

exempted from purview of these acts. Seminar was

permited to keep this land.

#5: Directpayment

of landrevenue

Now Farmer was made directly liable for paying land revenue

to the state government. (Because Zamindar is no longer the

middleman in land revenue hierarchy.)

Zamindari Abolition: Limitations/Obstacles/Negative

points

#1: Land reform Delayed= Land reform Denied

After laws were passed, Zamindars went to SC/HC to stay the law implementation.This greatly reduced the effectiveness of these legislations.

^to understand this, lets check the #Epicfail of Bihar:

1946 Bihar government passed resolution to abolish Zamindari.

1949Act was passed State assembly but landlords approached the courts and the

government too felt it necessary to repeal the legislation.

1950State legislature passed New Act, with some amendments. But Zamindars

again approached courts.

1951Union government brings 1stAmendment, gives immunity to all such

Zamindari abolition acts/ regulations from judicial review.

But Even, after the law was finally implemented, the Zamindars refused to cooperate

with the revenue authorities and tried all means to scuttle it implementation. The petty

revenue officials at Village and Tehsil level, either turned blind eye or actively sided

with Zamindars for bribes. Thus many years had passed by for the intention of

Zamindari abolition became a reality.

#2: Personal cultivation

Most state laws permitted Zamindars to keep part of land for personal

cultivation. But the definition was vague. Zamindars misused this loophole to

evict tenant farmers and keep most of the land with themselves.

(Counter argument: Zamindar started capitalist farming in the area- led to

increase in Agro-productivity)

#3: New form of Zamindari


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Main beneficiaries of zamindari abolition were the occupancy tenants or the

upper tenants or superior tenants- They had direct leases from the zamindar, and

now they became virtual landowners.

But now these new landowners leased the same land to inferior

tenants/sharecroppers- based on oral and unrecorded agreements.

These inferior tenants/sharecroppers could be evicted as per the whims and

fancies of the new landowner.

Thus, even after the abolition of Zamindari, the system of intermediaries andexploitation continued.

#4: Not much for Ryotwari

At the time of freedom, less than 50% of cultivated land was under zamindari

tenure. The remaining areas (ryotwari/Mahalwari) did not have Zamindari system

but they too had system of intermediaries i.e. big farmer/moneylender leasing

land to small farmers- then charging excessive rent and exploiting them.

The Zamindari abolition did not bring much relief to these people.

Overall

the Main objective of Zamindari abolition = there should be no

intermediary/middleman between the State and the land Revenue payer

(farmer). But this objective was not achieved.

Therefore, many economists do not attach much significance Zamindari

abolition.

They opine Zamindari abolition merely changed the hierarchy of land revenue

administration, but did not bring any change in the method of farming nor in the

nature of agricultural units.

Anyways, enough of negative points, lets check some positive points:

Zamindari Abolition: Benefits/Positive points

1. ~1,700 lakh hectares of land was acquired from the intermediaries (zamindars)

and as a consequence, about two crore tenants were brought into direct

relationship with the government.

2. Many millions of cultivators who had previously been weak tenants or tenants-at-will were became superior tenants= virtual owners. =DPSP Art. 39 fullfil led

(right to adequate means of livelihood for all citizens)

3. Many absentee zamindars actually started direct personal cultivation (so the

State cannot take away their land). They had money to buy high yielding seeds,

pesticides, fertilizers, machineries=agro productivity increased.

4. The entire process occurred in a democratic framework

5. virtually no coercion or violence was used (unlike the land reforms in China,

Russia or Cuba.)

6. Finished in remarkably short period. Perhaps because Zamindars were isolated


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during and after freedom struggle due to their soft corner for the British.

#1: Agro Production increased

BEFORE AFTER

Zamindar collected

Revenue.

Government directly collects land Revenue from

farmer.

neither the zamindars, nor

the cultivators took

interest in improvememt

of agriculture land

1. Cultivators have got ownership rights and hencetake keen interest in land improvement and

increase in agriculture production.

2. Government created an enabling atmosphere- agri.

cooperative society, regional rural banks etc. to

provide cheap credit. Subsidy on fertilizers, cheap

electricity, irrigation etc.

=DPSP Art. 48 fullfilled (modern and scientific

agriculture and animal husbandry)

#2: Emancipation

After abolition of Zamindari, the agricultural laborers no longer forced to give

free labors=Begari, Bonded labour declined. Art. 23 fullfilled.

Bargaining power of agri. laborers increased=>higher wages=>declined poverty.

#3: Changed rural power structure

Public land such as village ponds, grazing grounds, village streets etc. which was

used by the Zamindars as personal property, have been declared as community

property. =DPSP Art. 39 full filled (material resources of community).

This disarmed the Zamindars of economic exploitation and dominance over

others. Thus, Transferred power from Zamindars to peasants.

#4: Towards an Egalitarian Society

Abolition of intermediaries=> asset distribution=> egalitarian society.

The Planning Commission estimates that after Abolition of Zamindari, at leasttwenty million tenants were brought into direct relationship with the

governments.

empowerment of those who have out of the development process.

= DPSP Art.38 full fill ed. (securing a social order, minimize inequality of

income, status, facilities and opportunities.)

#5: Rise of middleclass

Since the intermediaries were removed=>farmers dont have to pay heavy


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rent=>these farmers could generate profit=>could sent their kids to school and

colleges.

So in a way, land reforms helped in expansion of Indian middleclass.

Mock Questions

1. Zamindari abolition merely changed the hierarchy of land revenue

administration, but did not bring any change in the method of farming nor in thenature of agricultural units. Comment

2. Critically evaluate the signification of Zamindari abolition as a measure of land

reforms.

3. Analyse the impact of Zamindari abolition on rural power structure. Do you

agree with the opinion that it didnt really benefit the marginalized sections of

rural society?

4. Explain how Zamindari abolition helped fullfilling the directive principles of

state policy.

5. Land reforms could not have been initiated without enactment of the First

Amendment. Comment.

6. Land reforms have been treated as an integral part of eradicating poverty, and

increasing of agricultural production. Comment.

7. Explain the role of Land reforms in providing social justice and moving towards

an egalitarian society.

8. Land Reforms is a planned and institutional reorganisation of the relation

between man and land. Comment.

9. Land reform is not confined to just redistribution of property rights among the

landless poor. Comment.

10. Examine the change introduced into system of land tenure and the farmingstructure during first five year plan.

11. Define Land reforms. Examine its role in removing the barriers for economic

and social development in India.

In the next article, well the second measure of land reform: Land Ceilings.

Appendix: the 9thSchedule

the first amendment had added 13 laws in the 9th

schedule. And Art.31B prohibitedcourts from doing judicial review on them. Here goes the boring list only for

information:

1. The Bihar Land Reforms Act, 1950 (Bihar Act XXX of 1950).

2. The Bombay Tenancy and Agricultural Lands Act, 1948 (Bombay Act LXVII of

1948).

3. The Bombay Maleki Tenure Abolition Act, 1949 (Bombay Act LXI of 1949).

4. The Bombay Taluqdari Tenure Abolition Act, 1949 (Bombay Act LXII of 1949).

5. The Panch Mahals Mehwassi Tenure Abolition Act, 1949 (Bombay Act LXIII of


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1949).

6. The Bombay Khoti Abolition Act, 1950 (Bombay Act VI of 1950).

7. The Bombay Paragana and Kulkarni Watan Abolition Act, 1950 (Bombay Act LX

of 1950).

8. The Madhya Pradesh Abolition of Proprietary Rights (Estates, Mahals, Alienated

Lands) Act, 1950 (Madhya Pradesh Act I of 1951).

9. The Madras Estates (Abolition and Conversion into Ryotwari) Act, 1948

(Madras Act XXVI of 1948).10. The Madras Estates (Abolition and Conversion into Ryotwari) Amendment Act,

1950 (Madras Act I of 1950).

11. The Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 (Uttar

Pradesh Act I of 1951).

12. The Hyderabad (Abolition of Jagirs) Regulation, 1358F. (No. LXIX of 1358,

Fasli).

13. The Hyderabad Jagirs (Commutation) Regulation, 1359F. (No. XXV of 1359,

Fasli).

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abolition-of-zamindari-reasons-impact-obstacles-l imitations-first-

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Posted By Mrunal On 30/10/2013 @ 16:21 In the category polity

land reforms post independence

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