LAND REFORMS IN INDIA

The question of Land Reforms was discussed at the highest political in

the year 1949 and an Agrarian Reforms Committee was constituted
with Shri J.C. Kumarappa as its chairman. The It is worth mentioning
that Agrarian Reforms Committee as constituted in 1949 under the
Chairmanship of J.C.Kumarappa made following recommendation
(a) elimination of scope of exploitation of poor cultivators by rich land
lord
(b) to inculcate in the minds of farmers a sense of self assertion
(c) Abolition of all intermediaries between the state and the tiller
(d) prohibition of subletting of land and transfer of agricultural land to
non-agriculturalist
(e) the setting up of an administrative machinery with dedicated
officers for proper implementation of land reforms measures.

Land reform refers to an institutional measure directed

towards altering the existing pattern of ownership,
tenancy, leasing and management of land.
The 4 Components of land reforms were (1) the abolition
of intermediaries; (2) tenancy reforms; (3) fixing
ceilings on land holdings; and (4) consolidation of
landholdings.
ABOLITION OF INTERMEDIARIES
This involved abolition of zamindari and other
intermediaries and bringing the cultivators in direct
contact with the Government. The abolition of
intermediaries also involved compensation to the owners
of land.
Benefits: This aspect of land reforms was relatively
successful in comparison to tenancy reforms and land
ceiling laws.
 About 2 crore tenants came into direct contact with the
State.
 More lands came under the Government's control for
distribution to landless farmers.
Problems:
 Government had to pay compensation to the
landowners which resulted in heavy burden on the
state exchequer.
 The intermediaries were abolished in 1950s but were
allowed to retain possession of lands under their
personal cultivation without limit being set, as the
ceiling laws were passed only in the1960s. As a result,
there was enough time left for the intermediaries to
make legal or illegal transfers of land.
TENANCY REFORMS
Tenancy reforms focussed on 3 main aspects: (a)
Security of tenure for the tenants (b) Regulation of Rent
(c) grant of ownership rights to certain types of tenants.
Critical Analysis of Tenancy reforms: Tenancy
legislations in India are not uniform throughout the
country. Each state has its own legislation. Most state
governments have either legally banned or imposed
restrictions on agricultural land leasing. Restrictive
clauses in the tenancy laws of various states include
period of lease, regulation of rent, conditions for
termination of lease, conferment of ownership rights on
tenants etc.
Case for Legalisation of Land Tenancy: Restrictive land
leasing laws have proved to be anti-growth and anti-
poor on account of following reasons:
 Informal and Oral Tenancy – Tenants do not have
access to institutional credit, insurance etc. and are
prone to exploitation.
 Oral and informal tenancy discourages the tenants
from making investment in land improvement.
 Reduced the occupational mobility of many landowners
who have interest and ability to take up employment
outside agriculture and yet are forced to stay in
agriculture due to the fear of losing land if they lease
out and migrate.
 Many landowners prefer to keep the land fallow due to
the fear of losing land rights if they lease out. This leads
to underutilisation of land. The lifting of ban or
restrictions on leasing will result in better utilization of
the available land and labour and increased farm
output.
 Higher Equity and Economic justice as the land leasing
enables the poor to have access to land and improve
their income levels.

►REORGANISATION OF AGRICULTURE
This involved (a) imposition of ceiling on land holdings
that an individual or family can possess (b) acquisition
of surplus land and its distribution among the small
farmers and landless workers (c) Consolidation of land
holdings.
IMPOSITION OF CEILING ON LAND HOLDINGS
Rationale:
 Economic Rationale: According to some economists,
small farms are more efficient than large farms since
they require less capital. Further, small farms provide
more employment opportunities.
 Social Rationale: Promote justice, equality and
prosperity of poor and vulnerable sections.
Unit of application: In the first phase, that is, prior to
1972, the basis of ceiling fixation was an individual as a
unit instead of a family. Since 1972, a family has been
accepted as the unit of application of ceilings. The family
is defined as a unit consisting of husband, wife and
children.
Upper limit for land holding: wide variations in the
ceilings on land holdings.
Exemptions: Certain types of land were exempted from
ceiling laws such as land under personal cultivation,
plantations etc.
CONSOLIDATION OF LAND HOLDINGS
Consolidation of Holdings means bringing together the
various small plots of land of a farmer scattered all over
the village as one compact block, either through
purchase or exchange of land with others.
Advantages:
 Prevents fragmentation of land holdings
 Reduces disguised unemployment
 Promotes higher economies of scale with respect to
access to inputs, higher productivity and access to
markets.
 Improves the efficiency of farms through better
adoption of technology and mechanisation.
Problems and Challenges:
 Farmers are attached to their ancestral land and do not
want to part with it or exchange for other land.
 Fear among the farmers that they may not want
equally better quality of land in exchange.
 Opposition by rich landlords due to the fear of losing
control over the fertile large lands.
IMPACT OF LAND REFORMS ON SMALL &
MARGINAL FARMERS
Indian agriculture is dominated by small and marginal
farmers (86%) accounting for 48% of agricultural land.
These farmers are caught in vicious trap due to
fragmented landholdings
Successful Land Reforms in states such as Kerala and
West Bengal (Operation Barga) have improved socio-
economic condition of marginal and small farmers:
 Abolition of intermediaries has addressed historical
injustices and move towards egalitarian society.
 Land Ceiling Acts and movements such as Bhoodan and
Gramdan have promoted equity in land ownership.
 Tenancy reforms in states such as TN, AP, WB etc. have
enabled marginal farmers to lease in/out land leading
to consolidation of land holdings, higher occupational
mobility and enhanced agricultural productivity.
 Promotion of Cooperative farming through
Kudumbashree (Kerala) and Andhra Pradesh Mahila
Samatha Society have enabled farmers to reap
benefits of higher economies of scale.
 Land Records Modernization Programme has reduced
litigations and facilitated access to institutional credit.
Land Reforms in other parts of India have not been very
successful on account of Benami Transactions, loopholes
in Land ceiling acts, slow progress in Digitisation of land
records etc. Hence, going forward, India should focus on
Land Reforms 2.0 through transfer of surplus
government land, legalising land Leasing, organising
farmers into FPOs etc.
REASONS FOR LACK OF SUCCESS OF LAND
REFORMS (COMMITTEE ON STATE AGRARIAN
RELATIONS AND THE UNFINISHED TASK IN LAND
REFORMS)
 Delay in enacting land laws gave enough time to the
landowners to escape the provision on land ceilings
 through benami transactions and illegal transfer of land
to others.
 Loopholes in Legal framework: Zamindars were
allowed to keep the land under personal cultivation
without any limit. However, the term "Personal
cultivation" was loosely defined. It enabled even those
people who supervised the land personally or through
a relative to call themselves as cultivator. The land
ceiling acts of the state governments provided number
of exemptions on the ceiling such as Plantations and
thus enabled the landowners to hold on to the land.
 Absence of modernised land records made it difficult
for the Government to implement reforms related to
land ceiling acts and distribution of surplus land among
the landless people.
 Optional nature of laws: Most of the laws granting
ownership rights to tenants are not mandatory. They
are rather optional. The tenants have to move the
government for grant of ownership rights.
 Lack of social consciousness among the tenants: The
small cultivators and the landless were not only
unorganised but also ignorant of legal and
constitutional process.
 Increased Litigations: Faults and defects in laws related
to land reforms has resulted in growing number of
litigations which has dampen the spirit of reforms
 Lack of Political will: Land reforms have been
successful in only some of the states such as Kerala
and West Bengal (Operation Barga) due to strong
political will and enthusiasm.
 Corruption & Bureaucratic apathy due to close nexus
between lower-level officials and Zamindars.

►2ND GENERATION LAND REFORMS

Land is emerging as a key challenge in ensuring both
inclusiveness and sustainability of growth. On one hand,
landless, small and marginal farmers face constraints
while there is a growing need for land to promote
Industrialisation and Urbanisation.
NEED FOR 2G LAND REFORMS
1. Restrictive agricultural tenancy laws
2. Small and highly fragmented land holdings
3. Outdated land records leading to litigations
4. Cumbersome land acquisition laws
5. High cost of land, making housing unaffordable.
STEPS TO ENCOMPASS BOTH ASPECTS
1. Land Reforms for equity
 Implement Model Land Leasing Act, 2016
 Setting up of Land Banks at village level
 Land transfers by Government to poor and marginal
sections
 Low interest loans for purchasing land
 Promotion of FPOs for land consolidation
2. Land Administration
 Digitisation of land records in a user-friendly manner
using technology such as Blockchain, Big Data etc
 Shifting from presumptive to conclusive land titling
 Divesting district collectors of Land Revenue
Administration functions
3. Using land as resource to finance urban development:
Tools such as land value capture, incentive zoning, town
planning schemes, and land-based taxes like land value
tax, vacant land tax, land value increment tax etc. can
be used to finance rapid and efficient urbanisation.
4. Land Reforms for Economic Growth
 Land Banks: For geographical planning and ease of
environmental clearances,
 Flexibility in land conversion rules to permit
 Flexibility in Floor Space Index to allow for taller
structures to permit more efficient use of space.
 Land lying idle with sick/loss making PSUs may be used
to resolve land availability for affordable housing,
provision of land for industrial needs etc.
Hence, achievement of faster, sustainable and inclusive
growth depends upon the implementation of second-
generation land reforms.

►LAND RECORDS MANAGEMENT IN INDIA

POOR LAND RECORD MANAGEMENT IN INDIA
Land titles are presumptive: The current system of land
records was inherited from the pre-independence days
(zamindari system) and has not changed much since
then. These land records provide information on who is
in possession of land, and not who the owner is.
Registration of land refers to the registration of the
transaction, and not the land title. Such registration does
not guarantee the title by the government. This implies
that even bonafide property transactions may not
always guarantee ownership as an earlier transfer of the
title could be challenged.
Registration of property is not mandatory for all
transactions: Under Registration Act, 1908, registration
of property is not mandatory for all transactions. These
include acquisition of land by the government, court
decrees, land orders, heirship partitions, and property
that is leased for less than one year. Since heirship
partitions do not require registration, several property
divisions are not recorded, and hence, do not correctly
reflect who is in possession of the property. This often
leads to litigation related to rightful owner among heirs.
Poor maintenance of land records: Historically, land
registration, and the maintenance of records has been
done manually. Documents are usually kept with the
Revenue Department and are not easily accessible to the
public. This makes it difficult and cumbersome to access
land related data when trying to engage in a property
sale. An individual has to go back several years of
documents, including manual records, to find any
ownership claims on a piece of property.
Multiple entities deal with land registration and records:
In the presence of multiple agencies responsible for
registration and maintenance of records, it is difficult to
ensure that survey maps, textual data, and registration
records match with each other and are updated. In
addition, citizens have to approach several agencies to
get complete information on land records.
REFORMS TO IMPROVE SYSTEM OF LAND RECORDS
Digital India Land Records Modernization Program:
Seeks to achieve complete computerization of property
registration process and digitization of all land records.
Proposal of Conclusive Titling: In a conclusive titling
system, government provides guaranteed titles, and
compensation in case of any ownership disputes.
Achieving this will require shifting to a system of
registered property titles (as opposed to sale deeds) as
primary evidence of ownership and having clear and
updated land records. However, adopting a conclusive
system of titling will require undertaking several
measures. All existing land records will have to be
updated to ensure that they are free of any
encumbrances. Information on land records, which is
currently spread across multiple departments, will have
to be consolidated. Further, several changes in existing
laws that govern registration and transfer of land, and
institutional changes in maintenance of land records will
also have to be.