LL.M.
SEMESTER II
COURSE CODE : 201C
COURSE TITLE : LAW AND SOCIAL TRANSFORMATION
IN INDIA
UNIT IV : MODERNIZATION AND THE LAW
4.3 MODERNIZATION OF SOCIAL INSTITUTIONS
THROUGH LAW
4.3.2 AGRARIAN REFORMS
Presented by –
Dr. Sangeeta Chatterjee
Assistant Professor
Department of Law,
Bankura University
INTRODUCTION
India is an agro-based country, its farmers are its wealth
and its agricultural lands are its strength. Wealth and
strength, when conjoined together, economic progress
and development of a country would become possible.
This factual situation is equally applicable to India like
any other country. In this sense, agriculture is the root
of progress and development of Indian economy.
Farmers or the tillers of the soil are the persons, who are
actually responsible for the agricultural development.
Astonishingly, Indian farmers were exploited herein
since the pre-independence era.
THE BACKDROP
Typical Indian practice found at the pre-independence
era was the consolidation of large acres of land in the
hands of big land owners, called zamindars. Peasants
were mostly ‘bargadars’ (sharecroppers) or contractual
labourers in those lands, who used to cultivate for the
zamindars. The problem of such landless farmers and
their exploitation by the zamindars was common at the
then period. No change was found in the British period
and even the exploitation has been increased with the
introduction of the land tax under the Permanent
Settlement Act, 1793.
POST-INDEPENDENCE ERA :
INDIAN SCENARIO
In the post-independence era, Indian Government
has started various welfare activities throughout
the country as a part of the spirit of the Indian
Constitution and the Welfare State concept. India
being a welfare state should take care of all its
backward or deprived citizens and farmers are not
exception to it. Considering these aspects,
Government of India has initiated Agrarian
Reforms for promoting the interests of the farmers
and for seeking a fairer or more equitable basis of
AGRARIAN REFORM : THE CONCEPT
The word “Agrarian” is especially related to the
ownership and cultivation of farming land. It is
promoting the interests of farmers, especially by
seeking a fairer or more equitable basis of land
ownership. In India, it is a fact that the poor person
is becoming more poor and the rich becoming
richer, especially in the agricultural field. The
person who is doing hard labour in the farm or
field is always exploited by intermediaries or so-
called zamindars. Hence, the question of Agrarian
Reform has come into being.
OBJECTIVES OF AGRARIAN REFORM
Adoption of crop-circle and growing of mixed
crops.
Industrialization of agriculture.
Adoption of new technologies, like testing the
soil, fertilizers, hybrid seeds, artificial source of
water etc.
To release the rural productive forces to increase
agricultural production.
To have the path of an agrarian economy with
high level of efficiency and productivity.
STEPS INVOLVED IN
AGRARIAN REFORM
Abolition of Intermediaries System.
Establishment of National Council for Land Reforms.
Commercialization or Industrialization of Agriculture.
Introduction of Krishi Cooperative Mandi Samiti.
Participation of World Bank in commercialization of
agriculture.
Introduction of Cooperative Banks to grant loans to
agriculture.
Establishment of the National Bank for Agricultural
and Rural Development.
Constitution of the National Commission for Farmers.
INDIAN LEGISLATIONS TO
IMPLEMENT AGRARIAN REFORM
Passing of the Constitution (44th Amendment) Act, 1978.
Incorporation of Articles 31-A to 31-C of the Indian
Constitution.
Article 31-A – it provides that no law providing for
acquisition of any ‘estate’ or any right therein,
extinguishment or modification of any such rights shall
be void on the ground of inconsistency with the Part –
III of the Constitution.
Article 31-B – it provides that none of the Acts and
Regulations mentioned in the 9th Schedule of the
Constitution shall be void on the ground of
inconsistency with the Part – III of the Constitution.
INDIAN LEGISLATIONS TO
IMPLEMENT AGRARIAN REFORM
Article 31-C – it empowers Parliament and
State Legislatures to enact laws towards
securing the directive principles specified in
Article 39 (b) and (c) of the Constitution.
Enactment of a number of State Land
Reforms Acts.
Enactment of the Right to Fair
Compensation and Transparency in Land
Acquisition, Rehabilitation and
BASIC OBJECTIVES OF THE
ARTICLES 31-A TO 31-C
Article 31-A facilitates Agrarian Reforms.
Article 31-B validates State Land Reforms
Acts.
Article 31-C implements the directive
principles to achieve social and economic
justice.
WEST BENGAL LAND REFORMS ACT,
1955 : BASIC OBJECTIVES
Abolition of the Zamindari system has been effected by the West
Bengal Estates Acquisition Act, 1953, which provides for the
vesting of all estates and the rights of every intermediary therein
in the State free from all incumbrances. It is necessary to follow
up that Act, by a comprehensive measure of land reforms so as
to remodel the existing system of land tenure by providing for
such matters as –
The rights, obligations and incidents in respect of the
holdings of raiyats.
Limitation on transfer and subletting of land so as to prevent
accumulation of lands in a few hands or any land being
acquired by non-agriculturists.
Control and regulation of the share-produce system of
WEST BENGAL LAND REFORMS ACT,
1955 : BASIC OBJECTIVES
Introduction of a rational system of assessment
on land, consolidation of holdings, formation of
co-operative farms and concessions and facilities
for such farms.
Maintenance and revision of record-of-rights.
Other matters in regard to rights in land and
management thereof.
RIGHT TO FAIR COMPENSATION AND
TRANSPARENCY IN LAND ACQUISITION,
REHABILITATION AND RESETTLEMENT
ACT, 2013 : BASIC FEATURES
To ensure, in consultation with institutions of local self-
government and Gram Sabhas established under the
Constitution of India, a humane, participative, informed
and transparent process for land acquisition for
industrialisation, development of essential infrastructural
facilities and urbanisation with the least disturbance to the
owners of the land and other affected families.
To provide just and fair compensation to the affected
families whose land has been acquired or proposed to be
acquired or are affected by such acquisition.
RIGHT TO FAIR COMPENSATION AND
TRANSPARENCY IN LAND ACQUISITION,
REHABILITATION AND RESETTLEMENT
ACT, 2013 : BASIC FEATURES
To make adequate provisions for such affected
persons for their rehabilitation and resettlement.
To ensure that the cumulative outcome of
compulsory acquisition should be that the
affected persons become partners in
development leading to an improvement in their
post acquisition social and economic status and
for matters connected therewith or incidental
thereto.
PROSPECTS OF AGRARIAN REFORMS
Prospects of Agrarian Reform can be brought with the
help of the Right to Fair Compensation and
Transparency in Land Acquisition, Rehabilitation and
Resettlement Act, 2013, because it has created the
following prospects –
This new Act is not against industrialization and
urbanization as there is no bar on purchase of private
land.
It concerns only such cases where the land will be
acquired by Central or State Authorities for any
PROSPECTS OF AGRARIAN REFORMS
It lays emphasis on Rehabilitation and
Resettlement.
It also tries to lay down a transparent process for
land acquisition for industrialization,
development of essential infrastructural facilities
and urbanization by giving adequate financial
compensation to the affected people.
It gives priority to the interests of the farmers,
landless labourers, dalits and tribals.
Multi-crop irrigated land will not be acquired
CONCLUSION
The concept of agrarian reforms is a complex and
dynamic one promoting wider interests than
conventional reorganisation of the land system or
distribution of land. Agrarian Reform is a crucial
component of the constitutionally contemplated new
order in the background of intimate bond between
poverty and hierarchy in agrarian society and the
impact of the social framework of agriculture on the
caste system. It is significant strategy in the planned
development of our resources, the restoration of the
dignity of equality of the individual and the
consolidation of our economic freedom.
REFERENCE :
1. DR. KRISHNA PAL MALIK AND DR.
KAUSHIK C. RAVAL, LAW AND SOCIAL
TRANSFORMATION IN INDIA,
ALLAHABAD LAW AGENCY, FARIDABAD,
4TH EDITION, 2017.
2. DR. P. ISHWARA BHATT, LAW AND
SOCIAL TRANSFORMATION, EASTERN
BOOK COMPANY, LUCKNOW, 1ST EDITION,
2009.