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Prologue
What is Land reform?
Land reforms: broad vs narrow sense
What are the objectives of Land reforms?
Increase production
social justice
Economic development
Improve standard of living
Post-Freedom: Towards land reforms
Why Abolish Zamindari?
First Amendment, 1951
#1: SEBC
#2: Freedom of Speech
#3 Freedom of Profession
#4: Land Reforms
#4 Minor modification
Timeline of Zamindari Abolition by States
Zamindari Abolition Acts: Salient Features
#1: Compensation
#2: Common Land/resources
#3: Ownership transfer
#4: Personal Cultivation
#5: Direct payment of land revenue
Zamindari Abolition: Limitations/Obstacles/Negative points
#1: Land reform Delayed= Land reform Denied
#2: Personal cultivation
#3: New form of Zamindari
#4: Not much for Ryotwari
Zamindari Abolition: Benefits/Positive points
#1: Agro Production increased
#2: Emancipation
#3: Changed rural power structure
#4: Towards an Egalitarian Society
#5: Rise of middleclass
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Mrunal Land Reforms in India: Abolition of Zamindari Notes4UPSC http://mrunal.org/2013/10/land-reforms-post-independence-abolition-o...
Mock Questions
Appendix: the 9th Schedule
INSTITUTIONAL
TECHNICAL FACTORS
FACTORS
climate, soil, rainfall
land tenure system
farm mechanization
size of land holdings
farming techniques: use of hybrid seeds, fertilizer, pesticides,
land distribution
irrigation methods
Reforms related to ^institutional factors are called land reforms.
Land Reforms is a planned and institutional reorganisation of the relation between man
def1
and land
Land Reforms mean deliberate change introduced into system of land tenure and the
def2
farming structure
Land reforms imply such institutional changes which turn over ownership of the farms to
def3 those who actually till the soil, and which raise the size of the farm to make it
operationally viable.”
Land reforms mean, such measures as, abolition of intermediaries, tenancy reforms,
def4
ceiling on land holdings, consolidation and cooperative farming etc.
def5Improving land tenure and institutions related to agriculture.
redistribution of property rights
def6
For the benefit of the landless poor.
integrated program
def7 to remove the barriers for economic and social development
Caused by deficiencies in the existing land tenure system.
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:
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Mrunal Land Reforms in India: Abolition of Zamindari Notes4UPSC http://mrunal.org/2013/10/land-reforms-post-independence-abolition-o...
Land Reforms is a planned and institutional reorganisation of the relation between man and
land. Comment.
Land reform is not confined to just redistribution of property rights among the landless poor.
Comment.
Examine the change introduced into system of land tenure and the farming structure during
first five year plan.
Define Land reforms. Examine its role in removing the barriers for economic and social
development in India.
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year plans.
1+2+3=long term economic development.
When,
Mock Questions
“Land reforms have been treated as an integral part of eradicating poverty, and increasing of
agricultural production.” Comment.
Explain the role of Land reforms in providing social justice and moving towards an egalitarian
society.
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?
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Mrunal Land Reforms in India: Abolition of Zamindari Notes4UPSC http://mrunal.org/2013/10/land-reforms-post-independence-abolition-o...
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:
Force the tenants to provide demand free labour (Begari)
evict tenants as per their whims and fancies = no tenure security
Enjoyed lavish lifestyle, did not add anything to agriculture productivity, yet charged high rent
– they were like today’s Middleman @APMC Mandi that we saw under [Food processing] article
series.
Therefore, it was necessary to remove these intermediaries,
Because Art. 23 prohibited Begari. But at the grassroot level, Begari couldnot be stopped
unless Zamindari itself was abolished.
Because Art. 38 wanted to minimize inequality of income, status and opportunities. When
Zamindars control ~40% of India’s cultivated land, there was no opportunity / status for
tenant farmers working under them.
Because Art. 39 wanted equitable distribution of the material resources of the community for
common good. But in villages, these Zamindars control ponds, lakes, forests, grazing lands
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You already know that First amendment =>9th schedule, whatever laws listed this schedule,
courts cannot inquire into them. But first Amendment is not just about 9th Schedule
/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.
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.
st
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.
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National security
after
friendly relations with foreign countries
public order, decency or morality
contempt of court
Defamation or incitement to an offence.
ST
Art. 19(1)(g): The citizen has right to practice any profession or to carry on any occupation,
trade or business.
Now suppose
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 private nuclear
plant. (=risky and dangerous from national security point of view)
ST
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.19
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.
ST
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 we’re not given fair compensation etc.
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Hence Union government came up with provisions to prevent courts from entertaining such
pleas.
ST
Added three things to the constitution
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 courts.
Art31B:
The Acts and regulations listed in 9th Schedule 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.
9th Schedule:
The first Amendment act listed 13 acts and regulations in 9th schedule. all meant for
abolishing Zamindari. Meaning Zamindars could not approach courts against those laws.
(boring list given @bottom of this current article)
Later 14th Amendment, 34th Amendment etc. also added more laws related to land reforms in
this 9th Schedule. You can read more about them in Laxmikanth’s appendix for constitutional
amendments.
A few minor amendments in respect of articles 341, 342, 372 and 376.
Anyways we digressed much from the Zamindari abolition topic so let’s come back.
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Since land = falls under State list, so state legislatures had to enact the zamindari abolition.
Meaning no uniformity. Different states have different provisions. But let’s check the common
features of all such state acts.
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 Forest department.
Bhumidhar=tenant farmers, who cultivated Zamindar’s land.
In Uttar Pradesh, Bhumidhar can become owner of the land
after paying 10 times the annual rent to his Zamindar.
Land which was cultivated by the zamindar himself =
exempted from purview of these acts. Zamindar was permitted
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After laws were passed, Zamindars went to SC/HC to stay the law implementation. This
greatly reduced the effectiveness of these legislations.
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)
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’ and exploitation
continued.
At the time of freedom, less than 50% of cultivated land was under zamindari tenure. The
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Mrunal Land Reforms in India: Abolition of Zamindari Notes4UPSC http://mrunal.org/2013/10/land-reforms-post-independence-abolition-o...
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.
~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.
Many millions of cultivators who had previously been weak tenants or tenants-at-will were
became superior tenants= virtual owners. =DPSP Art. 39 fullfilled (right to adequate
means of livelihood for all citizens)
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.
The entire process occurred in a democratic framework
virtually no coercion or violence was used (unlike the land reforms in China, Russia or Cuba.)
Finished in remarkably short period. Perhaps because Zamindars were isolated during and
after freedom struggle due to their soft corner for the British.
BEFORE AFTER
Zamindar collected Revenue. Government directly collects land Revenue from farmer.
Cultivators have got ownership rights and hence take
keen interest in land improvement and increase in
agriculture production.
Government created an enabling atmosphere- agri.
neither the zamindars, nor the
cooperative society, regional rural banks etc. to provide
cultivators took interest in
cheap credit. Subsidy on fertilizers, cheap electricity,
improvememt of agriculture land
irrigation etc.
=DPSP Art. 48 fullfilled (modern and scientific
agriculture and animal husbandry)
After abolition of Zamindari, the agricultural laborers no longer forced to give free
labors=Begari, Bonded labour declined. Art. 23 fullfilled.
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Public land such as village ponds, grazing grounds, village streets etc. which was used by the
Zamindar’s 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.
Since the intermediaries were removed=>farmers don’t have to pay heavy 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.
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. Comment
Critically evaluate the signification of Zamindari abolition as a measure of land reforms.
Analyse the impact of Zamindari abolition on rural power structure. Do you agree with the
opinion that it didn’t really benefit the marginalized sections of rural society?
Explain how Zamindari abolition helped fullfilling the directive principles of state policy.
Land reforms could not have been initiated without enactment of the First Amendment.
Comment.
“Land reforms have been treated as an integral part of eradicating poverty, and increasing of
agricultural production.” Comment.
Explain the role of Land reforms in providing social justice and moving towards an egalitarian
society.
Land Reforms is a planned and institutional reorganisation of the relation between man and
land. Comment.
Land reform is not confined to just redistribution of property rights among the landless poor.
Comment.
Examine the change introduced into system of land tenure and the farming structure during
first five year plan.
Define Land reforms. Examine its role in removing the barriers for economic and social
development in India.
In the next article, we’ll the second measure of land reform: “Land Ceilings”.
the first amendment had added 13 laws in the 9th schedule. And Art.31B prohibited courts
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Mrunal Land Reforms in India: Abolition of Zamindari Notes4UPSC http://mrunal.org/2013/10/land-reforms-post-independence-abolition-o...
from doing judicial review on them. Here goes the boring list only for information:
The Bihar Land Reforms Act, 1950 (Bihar Act XXX of 1950).
The Bombay Tenancy and Agricultural Lands Act, 1948 (Bombay Act LXVII of 1948).
The Bombay Maleki Tenure Abolition Act, 1949 (Bombay Act LXI of 1949).
The Bombay Taluqdari Tenure Abolition Act, 1949 (Bombay Act LXII of 1949).
The Panch Mahals Mehwassi Tenure Abolition Act, 1949 (Bombay Act LXIII of 1949).
The Bombay Khoti Abolition Act, 1950 (Bombay Act VI of 1950).
The Bombay Paragana and Kulkarni Watan Abolition Act, 1950 (Bombay Act LX of 1950).
The Madhya Pradesh Abolition of Proprietary Rights (Estates, Mahals, Alienated Lands) Act,
1950 (Madhya Pradesh Act I of 1951).
The Madras Estates (Abolition and Conversion into Ryotwari) Act, 1948 (Madras Act XXVI of
1948).
The Madras Estates (Abolition and Conversion into Ryotwari) Amendment Act, 1950 (Madras
Act I of 1950).
The Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 (Uttar Pradesh Act I of
1951).
The Hyderabad (Abolition of Jagirs) Regulation, 1358F. (No. LXIX of 1358, Fasli).
The Hyderabad Jagirs (Commutation) Regulation, 1359F. (No. XXV of 1359, Fasli).
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