SOAS Research Online

Abstract

A Constitution by itself cannot create or bring about conditions necessary for the creation of a welfare State; it merely indicates the path by following which the State can attain the said objective. It is the various schemes of social and economic planning that result in the attainment of this goal. The Indian programme of Agrarian Reform, was one of the schemes, adopted for the social and economic transformation of rural India. This programme had to face major setbacks - on more than one occassion and had to overcome several legal and constitutional difficulties. Since the programme had to tread through one of the most sensitive areas, namely the one relating to the question concerning landownership, it found constant difficulties in complying with the provisions of the Constitution. To remedy this, the Constitution was amended, but there were other forces at work hostile to the programme, endeavouring to ensure that the scheme should not go through in the form and at a speed it really merited. It is, therefore, not surprising that the question regarding the non-implementation of the programme is a burning issue of the day and the States are taking measures to give the subject top priority. The present thesis, as the title indicates, attempts at examining legal aspects of certain major schemes of agrarian reform. Chapter I is introductory in nature and merely states the problem and sets out the limit and scope of the study. Chapter II presents the problem in its historical setting while Chapter III highlights it in the proper constitutional perspective. In order that the legal study of a subject, which is primarily a social problem, should not suffer from the lack of its social context. Chapter IV attempts at analysing the social philosophy of the Indian Constitution as envisioned in the Constitution and expounded by the Courts. Chapter V examines the legislation relating to the Abolition of intermediaries, whereas Chapter VI analyses the legislation relating to tenancy reforms, ceilings on landholdings, consolidation of small holdings, the Bhoodan and Gramdan movements and co-operatives. Chapter VII brings out the salient features of the pattern of agrarian relations that has been emerging since the introduction of the reforms discussed in previous two chapters. Chapter VIII outlines the existing system of land revenue administration and points out its deficiencies. A very brief account of the present system of taxation of agricultural land is given in Chapter IX. The last Chapter, namely Chapter X, adds some concluding remarks and points out the issues that are still agitating the conscience of the planners and politicians.