AGRARIAN REFORMS AND
CONSTITUTIONAL PROVISIONS
1
Agrarian Reforms
The first and foremost object of the programme
of agrarian reform was to effect fundamental
institutional changes in agrarian structure. The
outmoded and in egalitarian structure that
prevailed in pre-Independence India had
resulted in the unequal distribution of income
and wealth, and disparities in the standard of
living.
2
Continued…………
The most of the land reform laws appropriately
enough aimed at reducing the concentration of
owner- ship of agricultural land in the hands of a
few big landlords. Those whose fundamental right
to own property was restricted by these laws took
the matter to the courts and questioned the
constitutional validity of such laws. Several legal
battles were fought in the courts, at times posing a
threat of a possible conflict between them and
government.
3
Continued….
In November 1949, when the Constitution was
adopted, agrarian reform was a burning issue.
The Report of the Congress Agrarian Reforms
Committee, headed by J. C. Kumarappa, had
been received a little earlier and the state
legislatures then had passed resolutions to do
away with all kinds of feudal land tenures. Thus
in some states the bills on land reforms were
already pending consideration before the
Constitution was adopted
4
Continued…..
The programme of agrarian reform was
formulated to implement the directive of
securing social and economic justice to those
who worked on land. These directives are
contained in particular in Articles 38 and 39 of
the constitution.
5
Continued…..
Article 38 contains the directive to the state
that "State shall strive to promote the welfare of
people by securing and promoting as effectively
as possible. A social order in which justice,
social, economic and political shall reform the
institution of national life. And that it shall in
particular, strive to minimize the inequalities in
income"
6
Continued…..
Article 39 says that "the state shall direct it
policies towards securing the ownership and
control of material resources of the community
and distributed them as best to sub serve the
common good and at the same time ensuring
the operation of the economic system not
resulting in the concentration of wealth and
means of productions to the common
detriment"
7
Continued…
In the pursuance of these directives the land
reforms laws aims at breaking the
concentration of ownership of land by a few big
land lords.
8
Continued…..
Article 19 which guarantees to all citizens a
number of freedoms, including in clauses (i) (f)
the right to acquire, hold and dispose of
property which has been deleted by the by forty
fourth amendment Act 1978).
Article 31 guaranteed right to property and
contained six clauses of which clauses (4) and
(6) were particularly designed to protect land
reforms legislation s.
9
CONTINUED….
This directive is contained in the preamble as well
as in part IV containing directive principles of state
policy.
Other provisions that have a direct bearing on the
issue are certain fundamental rights, namely, the
right to equality; right to acquire, hold and dispose
of property; and right to property.
These three rights were contained in articles 14,
19 and 31 respectively.
10
Continued……..
Article 14, containing right to equality, provides that the
state shall not deny to any personequality before the law
or the equal protection of the laws within the territory of
India. Article 19 is the omnibus article guaranteeing to
citizens various kinds of freedom including, in clause
(l)(f), the right to acquire, hold and dispose of property,
which has since been deleted,17 and, in clause (l)(g),
the right to practise any profession or to carry on any
occupation, trade or business. Both these rights were
subject to reasonable restrictions in the interest, among
others, of general public.
11
Continued……
Article 31, which has since been deleted,(44th
amendment) guaranteed right to property and
comprised six clauses.
Clause(1) provided that no person would be deprived
of his property save by authority of law;
clause (2) required that any law authorizing that
property be taken possession of or acquired for
public purpose would either fix the amount of
compensation or specify the principles on which
the compensation was to be determined and
given;
12
Continued….
clause (3) provided that all such laws for acquisition or
requisitioning if passed by the state legislatures must be
reserved for the assent of the President;
finally clauses (4) and (6), especially designed to protect
land reform legislation, laid down that land legislation
pending at the commencement of the Constitution, later
enacted and then assented to by the President, land
legislation enacted not more than 18 months before the
commencement of the Constitution and certified by the
President within three months of such commencement
could not be questioned in any court for an alleged
inconsistency with the provision of clause (2).
13
Continued…
These provisions were designed specifically to
place the zamindari abolition and other land
reform legislation above the hazards of judicial
review. Their immediate purpose was to protect
land reform legisla- tion introduced and
pending in the state legislatures of Bihar,
Madras and the United Provinces.
14
Continued….
that the planners derived inspiration from the
directive principles of state policy in formulating
the agrarian reform programme. Part IV of the
Constitution containing a list of such directive
principles opens with a statement of a general
principle in Article 37 that the principles contained
in this part are not enforceable in courts but are
nevertheless fundamental in the governance of
the country and it shall be the duty of the state to
apply them.
15
Continued…
Article: 39. The State shall, in particular, direct
its policy towards securing...
(b) that the ownership and control of the
material resources of the community are so
distributed as best to subserve the common
good;
(c) that the operation of the economic system
does not result in the concentration of wealth
and means of production to the common detr
16
CONTINUED…..
Article 48 directed the state to
organize agriculture and
animal husbandry on modern-
scientific lines.
17
Some Landmark Judgements
Article 31 A, except from the operation of any of
the safeguards conferred by the fundamental
rights, law providing for acquisition of any
"estate" or any right therein, but a state law
making such provision required to be submitted
to the president for his assent. In Shankari
Prasad Vs Union of India….. the constitutional
validity of the first amendment was challenged.
The Supreme Court upheld the Validity of the
said amendment.
18
Article 31 A brought in by the constitution (First
Amendment) Act, 1951 was substituted by a
more elaborate article by the constitution
(Fourth Amendment) act 1955. The new article
had the effect of taking out the protection of
the fundamental rights. Al those legislation
providing for\and reforms measures.
19
Continued….
The constitution (Seventeenth Amendment) Act,
1964 inserted a further provision laying down that
where law made provision for the acquisition of an
estate, and where any land comprised in such
estate was held by any one under personal
cultivation, the law had to provide a ceiling limit
acquisition could be effected only by payment of
compensation not less in amount than the market
value. It also amended the definition of the term
"estate" to include land under rythwari settlement
of as well as land held or let for purpose of
agriculture of ancillary purposes.
20
Continued…..
In Karimbai Vs State of Kerala the Supreme
Court made it clear that the definition of the
term estate was not satisfactory. The provision
in Article 31 A (1) (a) is not adequate to protect
all measures of land reforms and further
amendment of the provision called for. Hence
the constitution (Seventh Amendment) Act,
1964 by which the definition of estate was
further explained to include the following.
21
Continued….
In Waman Rao Vs Union of India the validity of
the Constitution (First Amendment) Act, 1951,
which brought into being in the Constitution
Article 31-A and 31-B and the Ninth Schedule
was questioned. The Supreme Court declared
that neither article 31-A and 31-B nor the Ninth
Schedule destroyed or damaged the basic
structure of the Constitution section 31-B in
regarding the variation of certain acts and
regulations.
22
Continued…..
The Constitution (Twenty-fifth Amendment) Act,
1971 had inserted a new Article 31 C which
provided no law officiating social and economic
reforms in the terms of Directive Principles
contained in article 39 (B) and (C) shall deem
to be void for an alleged inconsistency with
Fundamental Rights contained in Article 14, 19
& 31.
23
Continued…..
Writ petitions were also filed challenging the
validity of the Mysore Land Reforms Act 1961
(as amended by Act, 14 of) 1965 which fixed
the ceilings on the land holdings and conferred
the ownership of surplus land on tenants.
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