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Ans 2: System of Land Tenure in Pre-Independent India

The land tenure system has a long history of its own. There are references to it even in the
Arthashastra of Kautilya. As stated in Arthashastra, the king was the sole proprietor of the land.
According to other scriptures, the tiller of the land was practically regarded as the real owner of the
land. The king only had the power to increase or decrease the land tax.

The ancient system of land tax continued even during the Muslim rule with some modifications here
and there. In the 16th century, Sher Shah Suri initiated land settlement operations for assessment and
collection of land revenue. During the reign of Akbar, there was some improvement in the system.

The British rulers inherited a well-laid-out land system from the Mughals. The British administration
modified or transformed the prevailing land tenures in such a manner as to secure the maximum
revenue for the government from land tax. These changes resulted in the development of three types of
land tenure systems.

1. The Zamindari System:

The Zamindari system was introduced by Lord Cornwallis in 1793 with a view to increasing the revenue
of the East India Company. Under this settlement, the landlords were recognized as the full proprietors
of the land. In return for this honour, the task of collecting rent from the farmers was entrusted to them.

The Zamindars became the intermediaries between the cultivators and the State. But with the passage
of time, the Zamindari settlements made these intermediaries the owners of land thereby creating a
permanent interest in land. Zamindari settlements were of two types. They consisted of permanent
settlement and temporary settlement.

(i) Permanent Zamindari Settlement:

The permanent settlement fixed land revenue on a permanent basis. This system prevailed in Bengal,
Bihar, Orissa, North Madras, Banaras and in some parts of Assam.

(ii) Temporary Zamindari, Settlement:

So far as temporary settlement was concerned, land revenue was assessed for a period ranging between
20 and 40 years in various states. This system was in vogue in Uttar Pradesh, Punjab, Rajasthan, Madhya
Pradesh and Oudh. Since the period of assessment was pretty long, temporary settlement was not
temporary in the true sense.

The British Government pleaded that the Zamindars represented the most enlightened section of the
rural population. As such the conferment of tenurial rights on them could result in significant
improvement pertaining to land and agriculture. But these expectations were not materialised. The
Zamindari system as it worked in India suffered from a number of defects. They are as follows:

(a) Hindrance to Agricultural Development:

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The Zamindari system worked as a formidable obstacle in bringing about economic transformation in
rural India. The Zamindars evinced no interest in the improvement of either land or cultivation.
Collection of revenue was their sole interest.

(b) Problem of Absentee-landlordism:

The Zamindari system supposedly introduced to promote progressive agriculture, degenerated into
absentee landlordism. Absentee landlordism signifies conferment of a right of the sharing of the
produce of the land on a few without participating personally in the productive process. The very
creation of the section of absentee landlords resulted in the decay of the agriculture.

Ruddar Datt and K. P. M. Sundharam succinctly observe, Historically, the landlords as a class are known
for their extravagance on women, wine and vices. The landlords of India were no exception. Thus the
money extracted from the cultivators by these parasites did not result in capital formation but increased
conspicuous consumption.

(c) Exploitation:

The Zamindari system itself was based on exploitation as it conferred unlimited rights on the Zamindars
to extract as much rent as they wished. Approximately, one-fourth of the produce was taken away by
the intermediaries in the form of rent.

Moreover, the tenants had to work in the houses of Zamindars on occasions like marriage, religious
festivals without any return.

(d) Psychological insecurity:

Under the Zamindari system the actual tiller of the land was not the owner of the land. Hence he was
always in fear of his ejection from the land.

2. Mahalwari System:

This kind of tenancy was introduced during the British rule. It was first introduced in Agra and Oudh and
later on in Punjab. Muslim tradition was instrumental in the emergence of the Mahalwari system.

So far as the Mahalwari tenure was concerned, the village lands were held jointly by the village
communities. The ruralites were jointly and severally responsible for the payment of land revenue.

The lands held by the village communities were either cultivated by the members of the village
communities themselves, or were leased out to others on rent. Period of settlement, fixation of the
land revenue etc. were different in different mahalwari areas.

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The village headman was entrusted with the responsibility of collecting the land revenue and depositing
it in the treasury.

In return he received 5 per cent as commission. The greatest drawback of the Mahalwari system was
that through the presence of certain intermediaries it contributed to the presence of absentee
landlords.

3. Ryotwari System:

The Ryotwari system was introduced by Sir Thomas Munro in 1792. Under this system, the responsibility
of paying land revenue to the government was of the individual ryot himself. There was no intermediary
between him and the state. The ryot or the farmer had full rights on land regarding sale, transfer, sub-let
or lease as long as he paid land revenue to the government.

The first Ryotwari settlement was made in Madras in 1972. It was later extended to Maharashtra.
Assam, Punjab, Coorg etc. The system was the product of Hindu tradition.

Advantages:

1. The system was successful in abolishing intermediaries.

2. The proprietor of the land evinced keen interest in improving the land and other associated facilities.

Disadvantages:

1. The ryotwari system through sub-letting encouraged the practice of absentee landlords.

2. Through the provision of mortgaging, the system has given rise to a new zamindar class with all its
exploitative practices.

3. The method of assessment of land revenue, undertaken periodically by settlement officers, was
arbitrary. As a result the ryot with small holdings suffered heavily in periods of irregular monsoons,
droughts.

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Ans 1: Land reforms in India

Land reforms in India usually refers to redistribution of land from the rich to the poor. Land
reforms is often connected with re-distribution of agricultural land and hence it is related with
agrarian reforms too.

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Background and History of Land Reforms in India

Land reforms includes regulation of ownership, operation, leasing, sales, and inheritance of land
(indeed, the redistribution of land itself requires legal changes).

In any country, the basis of all economic activity is the land. If we examine the history of India,
though there are instances of considering land as a private property by individuals who had
control over it, the practice of communities like that of tribals with collective ownership of land
stands out. Land like many other gifts of nature, were considered free for all by many
communities who didnt bother fix boundaries for private ownership. But the colonial rule by
British saw a dramatic shift in the land ownership pattern of India. Land of many tribal/forest
communities were seized by British cultivators and Zamindars, and land tax was widely
collected through systems like Zamindari, Ryotwari or Mahalwari.

A rich-minority-landowning class and poor-landless-peasant class became symbols of Indian

agrarian society. As the ownership of the land for some reason or other stayed with the rich
Zamindar class, they became more powerful year after year, accumulating wealth. The peasants,
who actually cultivated the land, was often in poverty and remained landless. When India
adopted socialistic principles after independence, equality in all spheres social, economic and
political was envisioned. Land reforms are essential steps towards social and economic equality
as land is a fundamental asset needed for healthy development of an individual. As per the Indian
constitution, land reform comes under the list of state subjects, and hence the responsibility for
bringing up regulations for effecting land reforms lies with individual states.

States which implemented land reforms in India

Zamindari Abolition Act was passed by UP, Tamil Nadu, Bihar, Madhya Pradesh, etc. Surplus
lands were confiscated from zamindars. As in Golaknath case, Supreme court ruled that the
provisions of Zamindari Abolition act contradicted with Article 31 of Indian Constitution, the
parliament took steps to repeal Article 31. Later Land Ceilings Act was passed by different
states.

Successful legislation for redistribution of land with ceilings on private land property happened
only in a few states. The most notable and successful land reforms happened in states of Kerala
and West Bengal (Operation Barga). Only pockets of India like Jammu and Kashmir witnessed
commendable steps in land reform but attempts in states like Andra Pradesh, Madya Pradesh and
Bihar led to clashes within the communities. Though the Central land reforms committee has laid
guidelines for land ceilings, there was purposeful delay in the implementation land reform policy
in many states, giving gap for transactions to escape the tooth of land reform laws.

The other sides of land reforms

Land reforms has an angle other than cultivation purpose. The redistribution of land becomes a
necessity often for development and manufacturing purposes too. This necessitates a proper land
policy, which gives due importance to nature, development and inclusion. Deeper structural

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reforms will ensure that the exercise of land redistribution actually becomes meaningful,
enabling small farmers to turn their plots into productive assets. When every citizen of the
country enjoys the benefits of ownership of land, it can lead to social and economic upliftment.

There are arguments in favor and against land reforms.

Arguments in Favor of Land Reforms

Equity now majority of land in India is enjoyed by a minority of landlords.

Inverse relationship between land size and efficiency the smaller the land, better will be the
productivity and efficiency.
Owner-cultivation is more efficient than share-cropping.

Arguments Against Land Reforms

If a centrally managed large agricultural land is divided among individual private owners, the
peasants who take it up may not be efficient enough to individually carry out the cultivation.
Results in Fragmentation of land and pockets of inefficiency. For large scale cultivation, the
fragmentation of land normally wont help (this has other side too see the inverse
relationship).
Evidence suggests that land reforms had a negative effect on poverty.
Land reforms had led to economic decline and food insecurity in countries like Zimbabwe.

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Ans 3 a): Agrarian Structure during the Pre-colonial Period

The discourses on the pre-colonial Indian agrarian structure are quite homogenous in terms of the
ideas and lessons that they provide. The main concepts which were developed and used to
understand the pre-colonial Indian agrarian structure are: 1. Oriental Despotism (Montesquieu,
Hegel, Bernier and James Mills), 2. Asiatic Mode of Production (Karl Marx) and 3. Prebendal
Patrimonialism (Max Weber). The concepts are, more or less similar, similar to each other in
terms of their contents and meanings. They bring out following features of the pre-colonial
Indian agrarian structure:

1. Absence of private property in land

2. Possession and use of land on communal basis
3. State or king as the absolute owner of land
4. Torrid climatic environment
5. State controlled irrigation or public hydraulic works

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6. Division of agrarian society into self-sufficient, autonomous and isolated village
communities or village as idyllic little republics
7. All kinds of relationships organized around the institution of caste or, to put in different
words, caste system as the basis of self-sustaining and self-producing Indian village
communities
8. Surplus labour as tribute to the despotic king
9. Absence of classes leading to servile social equality
10. Absence of hereditary nobility
11. General slavery or exploitation of the people directly by the despotic state or king without
any relationship of dependence and exchange at the lower levels and juridical restraints

These structural features made Indian society, which was overwhelmingly agrarian, ever
static and historyless. Marx writes, Indian society has no history at all, at least no known
history. What we call its history is but the history of the successive invaders who founded
empires on the passive basis of that unresisting and unchanging society (Marx 1968: 185).
Colonial ethnographers and British administrators-cum-sociologists such as Baden Powell,
Henry Maine and Charles Metcalfe followed both in words and spirits such an orientalist
understanding of Indian social formation and its agrarian structure. To quote Metcalfe, The
village communities are little republics, having nearly everything they want within themselves,
and almost independent of foreign relations. They seem to last where nothing else lasts. Dynasty
after dynasty tumbles down; revolution succeeds revolution; Hindu, Pathan, Mughal, Maharatta,
Sikh, English are masters in turn; but the village communities remain the same.
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Ans 3 c): The central feature of the agrarian system under the Mughals was the alienation from
the peasant of his surplus produce (produce over and above the subsistence level) in the form of
land revenue which was the main source of state's income. Early British administrators regarded
the land revenue as rent of the soil because they had a notion that the king was the owner of the
land. Subsequent studies of Mughal India have shown that it was a tax on the crop and was thus
different from the land revenue as conceived by the British. Abul Fazl in his Ain-i Akbari
justifies the imposition of taxes by the state saying that these are the remuneration of
sovereignty, paid in return for protection and justice.

The Persian term for land revenue during the Mughal rule was mal and mal wajib. Kharaj was
not in regular use.

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The process of land revenue collection has two stages:

(a) Assessment (tashkhis/jama)

(b) Actual collection (hasil).

Assessment was made to fix the state demand. On the basis of this demand, actual collection was
done separately for kbarif and rabi crops.

METHODS OF LAND REVENUE ASSESSMENT

Under the Mughals assessment was separately made for kharif and rabi crops. After the
assessment was over a written document called patta, qaul or paul-e-qarar was issued in which
the amount or the rate of the revenue demand was mentioned. The assessee was in return
supposed to give qabuliyat i.e. 'the "acceptance" of the obligation imposed upon him, stating
when and how he would make the payments'.
We will discuss here a few commonly used methods:
1) Ghalla Bakhshi (Crop-sharing): In some areas it was called bhaoli and batai. The
Ain-i Akbri notes three types of crop-sharing:
a) Division of crop at the threshing floor after the grain was obtained. This was done in the
presence of both the parties in accordance with agreement.
b) Khet batai: The share was decided when the crop was still standing in the fields, and a
division of the field was marked.
c) Lang batai: The crop was cut and stacked in heaps without separating grain and a division of
crop in this form was made.
2) Kankut/Dambandi The word kankut is derived from the words kan and kat. Kan denotes grain
while kat means to estimate or appraisal. Similarly, dam means grain while bandi is fixing or
detemining anything. It was a system where the grain yield (or productivity) was estimated. In
kankut, at first, the field was measured either by means of a rope or by pacing. After this, the per
bigha productivity from good, middling and bad Iands was estimated and the revenue demand
was fixed accordingly.

3) Zabti: In Mughal India, it was the most important method of assersment. The origin of this

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practice is traced to Sher Shah. During Akbar'r reign, the system was revised a number of times
before it took the final shape.

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Ans 4 a): Of all the institutions of the modern and independent India, Panchayati Raj institutions
are oldest and original institution. They remained an integral part of self sufficient village
administration in ancient India. The British found it convenient for their objective even in its
dismal days. They used it to collect revenue and consolidate their authority.

After independence, inspired by Gandhi's vision of "Ram Rajya" and realizing the practical
significance of Panchayats, the leadership tried to revive the institution. They regarded it as the
self-governing institution at the local level to ensure the effective participation of people in the
process of growth and development. However, the history of Panchayati Raj system has not been
uniform. It has witnessed many twist and turns, ups and downs.

Constitutional Provisions and Major Landmarks in the Development of Panchayati Raj

Institutions

1. Article 40 provides that "The state shall take steps to organise village Panchayats and to
endow them with such powers and authority as may be necessary to enable them to function as
units of self-government."

2. In 1952 Community Development Programmes were started (first in Rajasthan) to bring

people within the ambit of planning.

3. In 1957 Balwant Rai Mehta Committee was appointed to review the working of Community
Development Programme. Its recommendations had far reaching consequences for the
Panchayati Raj institution.

i. Democratic decentralization

ii. democratically elected bodies at three levels (village, block and district)

iii. planning and development tasks to be assigned to local bodies.

4. In 1977 Ashoka Mehta Committee was constituted with members belonging to different
political parties. It was first ever committee exclusively for PR bodies.

i. preferred two tier systems: Zila Parishad and Mandal Panchayat.

ii. Participation of political parties in the elections.

iii. While Zila Parishad would be policy making, Mandal Panchayat would be implementing
agency.

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iv. Entrusted compulsory power of taxation.

64th Constitutional Amendment Bill (1989) introduced by Rajiv Gandhi Government

74th Constitutional Amendment Bill (1990) introduced by V.P. Singh Government
73rd Constitutional Amendment Act (1992)

The 73rd Amendment Act passed in 1992 and implemented in 1993 marked a new era in the
history of PR institutions. It added a new Part IX consisting of 16 Articles and Eleventh schedule
to the Indian Constitution. By this amendment, Constitutional status has been conferred on PR
bodies.

Ans 4 b) It was a time when India just becoae free and India was on the threshold of its economic
planning. The first five-year plan was on its way. Even the first general elections after freedom
were just concluded. Gujarat was not still a separate state and so it was part of the bigger
bilingual Bombay state.

Planning Commission while formulating plan document of India's First Five Year Plan had asked
states to implement land reforms. Zeal for land reforms was at its peak. At the very outset, there
were some prominent leaders who were opposed to land reforms, and their opposition was so
strong that it led ultimately to the formation of a new political party called Swatantra Party.
Among those who firmly stood with tenants and landless was Ishwarlal Desai of Surat district in
Gujarat. He was an ardent freedom fighter and was much influenced by Gandhi. He was in a way
a Gandhian Socialist. He was the architect and leader of Pardi Grass Land Satyagraha and this
was perhaps first non-violent Satyagraha connected with land reforms after freedom.
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Ans 4 f): Till the 10th year of Akbars reign (1566), no change was made in Sher Shahs crop
rate (ray) which was converted into a cash rate, called dastur-ul-amal or dastur, by using a single
price-list. Akbar reverted afterward to a system of annual assessment. In the nineteenth year
(1574) officials called amil, but popularly known as karoris were placed in charge of lands which
could yield a crore of tankas.

In 1580, Akbar instituted a new system called the Dahsala or the Bandobast Arazi or the Zabti
system. Under this, the average produce of different crops as well as the average prices
prevailing over the last ten years was calculated. One-third of the average produce was the state
share, which was however stated in cash.

Chachar was land which had been fallow for 3-4 years. It paid a progressive rate, the full-rate
being charged in the third year. Banjar was cultivable waste land. To encourage its cultivation, it
paid full rates only in the 5th year. The lands were further divided into good, bad and middling.
One third of the average produce was the state share.
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Ans e): The State now called Uttar Pradesh (North-Western Provinces and Oudh of the early
British times) came under the British rule by parts at different dates. Benares and some adjoining
areas were annexed by Warren Hastings, Allahabad and some other districts were ceded by the
Nawab of Oudh to the British in 1801 due to the pressure brought to bear on him by Lord

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Wellesley. The Basins of the Ganges and the Jumna as also Agra were conquered by Lord Lake
in 1803 and the remaining portion of Oudh was annexed by Lord Dalhousie in 1856.

As the lands in Northern India were being brought under British rule the question of land
settlement naturally arose. Cornwallis and John Shore wanted to extend Zamindary settlement in
these areas on a permanent basis as was done in Bengal in 1793. In 1795 Permanent Settlement
of revenue over whole of Benares was made.

The old Zamindars who had lost their estates under the Raja of Benares were restored and
revenue settled with them as also with village Zamindars on a permanent basis. The Code of
Regulations for Bengal, Bihar and Orissa was extended to Benares with little alteration and the
civil and criminal laws administered were the same as in Bengal, Behar and Orissa.

Ans 5 f): The Mahalwari was a revenue collection system that was introduced by Holt Mackenzie in
British India.It was one of the three major land tenure systems implemented by the British in India. The
other two systems were the Permanent Settlement of Bengal and the Ryotwari system. During the
1800s, the British tried to establish their control over the administrative machinery of India. The System
of Land Revenue acted as a chief source of income of the British. Land was one of the most important
source of income for the British. Thus, they used land to control the entire Revenue system,
strengthening their economic condition in India.

Ans 5 g) : The term Land reforms is often used in discussing the various changes made in the
cultivators relation to a land in a land tenure system.

In backward and largely rural societies the pattern of landholding happens to be a major correlate
of the political power structure, social hierarchy and economic relations. Possession of land
ownership further determines the manner in which land and labour are combined for production
purposes and has direct implication on the quantum and distribution of the produce. This, in turn,
affects the relative and absolute well-being of the population dependent on agriculture and others
dependent on the agricultural sector for food.

Ans 5 h): Land Ceiling Means:

It means fixing maximum size of land holding that an individual/family can own.

Land over and above the ceiling limit, called surplus land.
if the individual/family owns more land than the ceiling limit, the surplus land is taken
away (with or without paying compensation to original owner)
This surplus land is
a. distributed among small farmers, tenants, landless labourers or
b. handed over to village panchayat or
c. Given to cooperative farming societies.

Ans 5 c) Compensation offered to those displaced by natural disasters or by the acquisition of

land by the government has often been described as inadequate. In this Bill, the government has

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attempted to specify a process by which people can be compensated as well as minimum levels
of compensation that governments should pay. Controversially however, the Bill does not require
that people be actually resettled. Also many of the provisions in the bill which relate to the
welfare of the displaced are optional and governments are not required to implement them.

Highlights of the Bill

The Rehabilitation and Resettlement Bill, 2007 provides for benefits and compensation to
people displaced by land acquisition purchases or any other involuntary displacement.
The Bill creates project-specific, state and national authorities to formulate, implement,
and monitor the rehabilitation and resettlement process.

For large scale displacement, the government shall conduct a social impact assessment. It
shall appoint an Administrator for Rehabilitation and Resettlement who is responsible for
formulating, executing, and monitoring the rehabilitation and resettlement plan.

The Bill outlines minimum benefits for displaced families and the criteria for eligibility.
Benefits may include land, house, monetary compensation, skills training and preference
for jobs.

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