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 aka Land ceiling. Covered in next article.
 surplus land over such a maximum should be
acquired and placed at the disposal of the
village cooperatives.

Not covered in any article. because income from ag

3. Present land revenue system to be replaced by
tax. And therefore, many filmstars use fake papers to
progressive agricultural income tax.
they dance in Dawood’s Party @dubai, earn money
show that cash coming from their ‘agriculture’ income

4. All middlemen should be replaced by non-

profit making agencies, such as cooperatives.

aka Cooperative farming. Will be covered in future art

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

Let’s 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 today’s 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 India’s 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 didn’t 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, farmer’s 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.

#4: Land Reforms

BEFORE 1 ST 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 we’re not given fair compensation etc.
 Hence Union government came up with provisions to prevent courts from entertaining
such pleas.

AFTER 1 ST 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 Laxmikanth’s appendix
for constitutional amendments.