INDIAN CONSTITUTIONAL HISTORY

IN LAND REFORMS &

DOCTRINE OF EMINENT DOMAIN

LAND REFORMS IN INDIA
• During British Colonial period, there was three types of land revenue systems:
• 1. The Zamindari System : Zamindars (landlords) functioned as intermediaries between
British colonial government and the farmers and collected fixed land revenue and exploited
the cultivators. It was introduced by Lord Cornwallis in 1793 through permanent settlement
that fixed the land rights of Zamindars in perpetuity without any provision for fixed rents or
occupancy rights for actual cultivators.
• 2. Ryotwari system (or peasant proprietorship) : It was a direct settlement of land by the state
in favor of the Ryots (tenants/cultivators) recognizing them as owners subject to payment of
the land revenue to be revised periodically.
• 3. Mahalwari systems : A modified version of Zamindari system, with temporary settlement
of land in favor of tenants village by village or Mahal (estate) by Mahal at the revenue to be
revised periodically.
LAND REFORMS IN INDIA
• After Independence, attempts had been made to alter the pattern of distribution of land
holdings through various land reforms.
• The important objectives of land reform measures in India were:
• to enhance the productivity of land by improving the economic conditions of farmers
and tenants so that they may have the interest to invest in and improve agriculture,
• to ensure distributive justice and to create an egalitarian society by eliminating all forms
of exploitation,
• to create a system of peasant proprietorship with the motto of land to the tiller and
• to transfer the incomes of the few to many so that the demand for consumer goods
would be created.
LAND REFORMS IN INDIA
• The land reform legislation was passed by all the State Governments during the 1950s
touching upon these measures;
1. Abolition of intermediaries.
2. Tenancy reforms to regulate fair rent and provide security to tenure, conferring
ownership to tenants.
3. Ceilings on holdings and distribution of surplus land among the landlords.
4. Consolidation of holdings and prevention of their further fragmentation and
5. Development of cooperative farming.
• Until Independence, a large part of agricultural land was held by the intermediaries under the
zamindari, mahalwari and ryotwari systems. Consequently, the tenants were burdened with
high rents, unproductive cultivation and other forms of exploitation. By 1972, laws had been
passed in all the States to abolish intermediaries.
CONSTITUTIONAL HISTORY
• 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. The Indian Constitution in its original form
through its Articles 14, 19(1)(f) and 31 contributed twords land reforms legislations. They
are:
• Articles 14 “provide the state shall not deny to any person equality before law and equal
protection of laws”.
• Article 19 which guarantees to all citizens a number of freedoms, including in clause (1)(f)
the right to acquire, hold and dispose of property.
• Article 31 stated that no person shall be deprived of his property saved by authority of law.
• The constitution has included Land reform in State List. The Entry 18 of State List is related
to land and rights over the land. The state governments are given the power to enact laws over
matters related to land.
CONSTITUTIONAL HISTORY
• The Right to property was a fundamental right under Article 19(1)(f) and 31 of the Indian
constitution. But However, by the 44th Constitutional Amendment Act, 1978, the Right to
property was changed to a constitutional right, and a new Article 300A was introduced.
• After this amendment Right to Property was considered as a Constitutional Right and it is no
more a Fundamental Right. Any legislation challenging the constitutional right to property
can be made only before the High Court and the issue cannot be challenged before the
Supreme Court directly under Article 32 of the Constitution.
• The State was under obligation to pay compensation for the land acquired by Government for
any public purpose, but this position changed after 44th amendment by deleting Article 31
and the State is no longer liable to compensate the affected family for such acquisition. This
was followed by various policy changes in the Centre and State level through 5 year plans.
LAND REFORM POLICIES
• The Land policy in India has undergone broadly four phases since Independence.

• 1. The first and longest phase (1950 - 72) consisted of land reforms that included three major efforts:
abolition of the intermediaries, tenancy reform, and the redistribution of land using land ceilings. Except
the abolition of intermediaries, tenancy reform and land ceilings met with less success.

• 2. The second phase (1972 - 85) shifted attention to bringing uncultivated land under cultivation.

• 3. The third phase (1985 - 95) increased attention towards water and soil conservation through the
Watershed Development, Drought-Prone Area Development (DPAP) and Desert-Area Development
Programmes (DADP). A Central Government Waste land Development Agency was established to focus
on wasteland and degraded land.

• 4. The fourth & current phase of policy (1995 onwards) centres on debates about necessity to continue
with land legislation and efforts to improve land revenue administration and, in particular, clarity in land
records. Land policy has been one of the important components incorporated in all the plan.
CONSTITUTION AND EMINENT DOMAIN
• The Article 300A inserted by the 44th Constitutional Amendment Act says that no person shall
be deprived of his property save by authority of law. This means the right of the individual
over his property is curtailed or modified by the State only by exercising its legislative power.
• This is the direct adoption of the principle of Eminent Domain. The doctrine absolves the
acquisition of land by State, provided it is for public purposes and adequate compensation is
given in this regard. Therefore, property of an individual is acquired, except by authority of
law.
• In the case of State of Bihar v. Kameshwar Singh, Supreme Court defined eminent domain as
“the power of a sovereign to take property for public use without the owner’s consent upon
making just compensation.”
DOCTRINE OF EMINENT DOMAIN
• The doctrine of eminent domain is originated from the western countries and was followed in
India. The word eminent domain is derived from the Latin term ‘Eminenes Dominium’ which
was introduced in the 17th century.
• Meaning: Eminent domain is the right of the Central or State Government to acquire private
property for public purpose. It is the absolute power over the land within its territory. Eminent
Domain means the government deprives the individual property for the interest of the general
public.
• The authority on the acquisition of land must pay the compensation from whom the land has
been acquired. The compensation must be paid by the appropriate government for the land
acquired for any public purpose and should not be just compensation. Eminent domain is
governed by the Right to Fair Compensation and Transparency in Land Acquisition,
Rehabilitation and Resettlement (LARR) Act, 2013, which provides the procedure to be
followed by the State Government to make the land acquisition constitutionally valid.
DOCTRINE OF EMINENT DOMAIN
• The doctrine of eminent domain is based on two maxims:
1. Salus Populi Supreme Les Esto - The welfare of the people is the paramount law.
2. Necessita Public Major Est Quan - Public necessity is greater than private necessity.
• The conditions for acquisition are:
1. The authority which has enacted the law must be competent to do so.
2. The right exercised by the authority must not infringe the fundamental right guaranteed
under Part III of the Constitution.
3. It must not violate any other provision of the Constitution.
4. Public Purpose : The land can be acquired only by the appropriate government for the
benefit of the public. The power of compulsory acquisition as described by the term
“eminent domain” can be exercised only in the interest and for the welfare of the
people.
DOCTRINE OF EMINENT DOMAIN
• The compensation shall be granted on the acquisition of land as per the market value of the
land determined by the Collector. The Collector shall determine the market value of the land
by considering the,
1. Market value of the land
2. The average sale price for a similar type of land situated in the nearest area or village
3. Consented Compensation amount agreed.
• In Sudharsan Charitable Trust v. Government of Tamilnadu, 2018 SCC MAD 847, the Madras
HC held that in the exercise of its eminent domain power, the State may take any property
from the owner and may appropriate it for public purposes on payment of compensation, as
otherwise, no beneficial project involving larger public interest/public utility would come into
existence.
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