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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 living 4. Post-Freedom: Towards land reforms 5. Why Abolish Zamindari? 6. First Amendment, 1951 1. #1: SEBC 2. #2: Freedom of Speech 3. #3 Freedom of Profession 4. #4: Land Reforms 5. #4 Minor modification 7. Timeline of Zamindari Abolition by States 8. Zamindari Abolition Acts: Salient Features 1. #1: Compensation 2. #2: Common Land/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 9th Schedule

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, Before independence: 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 1. land tenure system 2. size of land holdings 3. land distribution TECHNICAL FACTORS

1. climate, soil, rainfall 2. farm mechanization 3. farming techniques: use of hybrid seeds, fertilizer, pesticides, irrigation methods

Reforms related to ^institutional factors are called land reforms. Lets check some more definitions def1 def2 def3 def4 def5 def6 Land Reforms is a planned and institutional reorganisation of the relation between man and land Land Reforms mean deliberate change introduced into system of land tenure and the farming structure 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 the farm to make it operationally viable. Land reforms mean, such measures as, abolition of intermediaries, tenancy reforms, ceiling on land holdings, consolidation and cooperative farming etc. Improving land tenure and institutions related to agriculture. redistribution of property rights For the benefit of the landless poor.

def7

integrated program 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: 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 concerned with land rent, land ownership, land holding, land revenue+ credit, marketing, abolition of intermediaries, etc. narrow sense 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

Myrdal and K.N. Raj, etc.) 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. 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. When,

social justice

Economic development

Improve standard of living

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

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 be fixed. The surplus land over such a aka Land ceiling. Covered in next article. maximum should be acquired and placed at the disposal of the village cooperatives. 3. Present land revenue Not covered in any article. because income from

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 middlemen should be replaced by non-profit making agencies, such as aka Cooperative farming. Will be covered in future cooperatives. article. 5. Pilot schemes for cooperative farming among small land holders 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 BritishZamindari, 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. 23 prohibited Begari. But at the grassroot level, Begari couldnot be stopped unless Zamindari itself was abolished.

2. Because Art. 38 wanted 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. 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 etc. and didnt allow others to freely access them. 4. Because Art.48 wanted to organize agriculture and animal husbandry on modern-scientific lines but Zamindars were orthodox rent-seeking mindset, and tenant 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 =>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.

#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.

After the 1st Amendment


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


Some courts held the 19/1/a (freedom of speech) so comprehensive and sacrosanct that before Amendment Even if a person advocated murder, violence or hatred against any caste/religion/person/nation, he could not be convicted. What if an ACIO leaked national security related data to a journalist? Both could still claim immunity on the grounds of freedom of speech. State can make law to put reasonable restriction on freedom of speech, with respect to: after 1. 2. 3. 4. 5. National security friendly relations with foreign countries public order, decency or morality contempt of court Defamation or incitement to an offence.

#3 Freedom of Profession
BEFORE 1ST AMENDMENT
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

private nuclear plant. (=risky and dangerous from national security point of view)

AFTER 1ST AMENDMENT


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.19 2. 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 1ST AMENDMENT


Added three things to the constitution 1. two new articles (31 A and B) 2. one schedule (9th Schedule) 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

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 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. 2. 3. 4. what is land reform what are the objectives of land reform post-independence, how we moved towards land reform 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 1948 to 50s 1951 1952 1953 1954 States that abolished Zamindari Madras, Bombay and Hyderabad states Bihar, Uttar Pradesh, Madhya Pradesh and Assam Orissa, Punjab, Swarashtra and Rajasthan Vindhya Pradesh and Bhopal West Bengal, Himachal Pradesh and Delhi

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 No compensation paid to them. And this also led to Hindu-Muslim Kashmir bitterness because Almost all Zamindars were Hindu (in Jammu region). Compensation according to Zamindars income. Uttar Pradesh 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 Forest department. 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.

#3: Ownership transfer

#4: Personal Cultivation #5: Direct payment of land revenue

Land which was cultivated by the zamindar himself = exempted from purview of these acts. Seminar was permited to keep this land.

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. Act was passed State assembly but landlords approached the courts and the 1949 government too felt it necessary to repeal the legislation. State legislature passed New Act, with some amendments. But Zamindars 1950 again approached courts.
st 1951 Union government brings 1 Amendment, 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

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.

#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-atwill were became superior tenants= virtual owners. =DPSP Art. 39 fullfilled (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

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

#1: Agro Production increased


BEFORE Zamindar collected Revenue. AFTER Government directly collects land Revenue from farmer. 1. Cultivators have got ownership rights and hence take 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)

neither the zamindars, nor the cultivators took interest in improvememt of agriculture land

#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 least twenty million tenants were brought into direct relationship with the governments. empowerment of those who have out of the development process. = DPSP Art.38 fullfilled. (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

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 the nature 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 farming structure 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 9th Schedule


the first amendment had added 13 laws in the 9th schedule. And Art.31B prohibited courts 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

6. 7. 8. 9. 10. 11. 12. 13.

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).

URL to article: http://mrunal.org/2013/10/land-reforms-post-independenceabolition-of-zamindari-reasons-impact-obstacles-limitations-firstamendment.html Posted By Mrunal On 30/10/2013 @ 16:21 In the category polity

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