Constitutional Imperatives and Objectives relating to Agrarian Reforms: Constitutional Provisions and Amendments

Introduction:

Agrarian reform is the redistribution of agricultural resources such as agricultural land amongst the farmers situated in a country. It is also known as land reforms but the term agrarian reform corresponds to a broader sense. The concept of agrarian reforms mainly focuses on redistribution of agricultural land and changes in the laws, legislation and customs pertaining to possession of agricultural land but in a wider context, this includes similar adjustments in agricultural institutions, including credit, taxes, rents and cooperatives.

In India, Agrarian reforms have been at play even before we had a constitution. Right-back from the middle ages, India has had several rulers that have been changing the policies again and again. But one of that the factors that remain constant throughout all these changes is that poor farmers have to be exploited so that the rich can get richer. Even during the British raj, the infamous Zamindari system exploited poor farmers while the owners of the land i.e. the Zamindars earned a lot of money through taxes.

After independence, the Government of India began the process of creating equity among the rural population and improving jobs and productivity through agrarian reforms. The key goal of the Government was to eliminate these intermediate classes such as the Zamindars and ensure a sound system of land management. Since India is a large country, the process of redistribution was a major challenge for the government. They divided the respective land and declared it the property of the State Government and as such the reforms vary as per the state.[1]

Constitutional Provisions on Agrarian Reforms

The government after achieving independence wanted to bring about several changes in the Agricultural field. The agrarian reform policy was one of the main facets of the social and economic restructuring of Indian society as well as with the view of enforcing the Guidelines on the preservation of social and economic justice for those employed on the land. Fundamental rights (Part-III) and Directive Principals of state policy (Part-IV) are provided in the Constitution of India.

As stated earlier, land is divided under the authority of the State Governments which give them the right and power to enact laws on land-related matters. Entry 18 of the State List is referred to property and land rights and Entry 20 of the concurrent list also mandates the central government to perform its role in social and economic planning. The Planning Commission was formed to recommend land reform measures in the region. Over the years several Constitutional measures have been enacted and amended to improve the agricultural sector and the life of farmworkers.

Article 23[2] and Article 48[3] of the Constitution of India have abolished Begar or forced unpaid labour in India and have directed the state to organise agriculture and animal husbandry on a modern-scientific basis respectively.

Article 38 specifies that States shall encourage the welfare of the population by maintaining and supporting it as efficiently as possible. A constitutional order in which the institution of national life is reformed by justice, social, economic and democratic. In specific, that it aims to minimise income inequality.[4]

Article 39 provides that the State shall direct its policy towards protecting the possession and management of the material resources of the Society and administer them as best it can to support the common good and, at the same time, to ensure that the economic structure does not contribute to an accumulation of capital and means of production at the common expense.[5]

One of the main reasons for these major Agrarian reforms is to prevent and break any concentration in ownership of land. If one single individual or entity was to have ownership of several acres of land there would be grave inequality. In a situation where a few big landlords have several acres of land, the farmers will get treated harshly as it was back in the British rule.

Taking into context Article 14[6] states that no person can be denied equality before the law and equal protection of laws which means no person can be denied land if he seeks to acquire one that is not someone else’s. Especially with reference to Article 31 (Amended) which guaranteed the right to property and included six provisions, (4) and (6) of which were expressly intended to defend land reform legislation.

Constitutional Amendments on Agrarian Reforms

In the case of State of Bihar v. Kameshwar Singh,[7] The Supreme Court acknowledged that the land reform law of Bihar was consistent with the values of the state policy of the Directive to pursue social justice. Article 31A[8] and 31B[9] enacted by the Constitution (First Amendment) Act, 1951[10] was supplemented by a more detailed Article by the Constitution (Fourth Amendment) Act, 1955[11]. These reforms abolished the Jagirdars, Zamindars and other feudal tenures replacing it with a more favourable system. The states now have the right to take over the management of any land from within the boundaries of the State for a limited amount of time, either in the public interest or to ensure proper care of the land.

The Constitution (Seventh Amendment) Act, 1964[12], further clarified the concept of estate to include any property held under the Ryotwari settlement, any property held or disposed of for agricultural purposes or any ancillary thereto, including waste land, forest land, land for pasture or building sites and other settlements inhabited by agricultural labourers and village artisans.

Writ petitions were also filed challenging the legality of the Mysore Land Reforms Act, 1961[13] (as amended by Act 14 of 1965), which set the ceilings on land holdings and gave tenants possession of surplus land. The above-written petitions, along with certain other petitions, were heard by a special bench composed of eleven Supreme Court judges. In this case, while the amending Papers were considered to be correct, they were considered by a majority on separate grounds.[14]

The Constitution (Forty-fourth Amendment) Act, 1978[15], provided that the right to property is no longer a fundamental right and Article 300-A[16] was inserted which states that no person shall be deprived of his property except by the force of law. Along with the omission of Article 19(1)(f)[17] and Article 31[18] would imply that the distinction made between people and non-citizens with regard to property has been excluded from Article 19(1)(f). The omission of Article 31 also contradicts the system introduced by our constitution for the compulsory purchase of land.

Presently, any law that accommodates the acquisition by the state of any estate and where any land included in that is held by an individual under his development, it will not be legal for the state to obtain any part of such land as it is within the ceiling limit applicable to him under any law for now in force or any building or structure standing there in or appurtenant thereto, unless the law relating to the acquisition of such land, building or structure.[19]

Article 31A[20] whilst notwithstanding anything contained in article 13 provides that the acquisition by the state of any estate or of any rights therein or the extinguishment or modification of any such rights, or Taking over the ownership of any land by the State for a short period of time, either in the public interest or so as to guarantee the proper management of the land shall be deemed to be void on the ground that it is inconsistent with or takes away or abridges any of the rights conferred by Article 14[21] and 19[22].

Recent Developments

The recently passed Agricultural Reform Bills, 2020 commonly known as Farm Bill has been engulfed in a lot of controversies. Farmers in Punjab and from other parts of the country have been protesting against these reforms. Several political parties were even opposing this bill stating that against the interests of small and marginal farmers.

The following 3 ordinances were promulgated by the Centre Government back in June this year;

1. The Farmers Produce Trade and Commerce (Promotion and Facilitation) Ordinance, 2020;
2. The Farmers (Empowerment and Protection) Agreement on Price Assurance and Farm Services Ordinance, 2020; and
3. The Essential Commodities (Amendment) Ordinance, 2020 (It is the Bill replacing the third that has been passed in Lok Sabha)

Though there are a few positive effects of this bill, it is seen with grave distrust. The bill aims at ‘One India, One Agriculture Market’ and to generate additional trading opportunities outside the APMC market yards. It also creates an ecosystem where farmers and traders would enjoy the freedom of choice in the sale and purchase of Agri-produce along with few more features.

But the main argument lies in the on the issues such as[23];

1. No consultation with stakeholders
2. Issue over trade and MSP guarantee
3. Legacy concerns
4. Fear of food insecurity
5. Constitutional issues raised

The Congress leader Gaurav Gogoi stated, “This government has been eyeing, how they can take the farmers’ land to benefit their capitalist friends, whether is the Land Acquisition Act, whether in the industrial system through weakening the labour courts and now this three-pronged attack on the Indian agricultural system through the two bills on farming – one related to APMC, the other one is related to contract farming and the third bill which is on essential commodities… a three-pronged attack on the Indian farmer.”[24]

Conclusion

The Agriculture Sector is one of the most important sectors in India that contributes about 18 percent to the National GDP. In fact, 60 percent of the entire population of India are employed in this line of work. Thus, these agrarian reforms effect the society at large.

It is said that Laws and regulations on land reform have been framed in such a manner as to enforce the values of the directive principles and achieve social and economic fairness. But is this true in this day and age?

It has been concluded over and over again that the poor farmers have been deprived of this social and economic fairness. Farmers are exploited of their daily wages and rights just so that the rich can get richer. The people that grow the food that we eat daily are amongst the poorest factions in the country while the distributers, sellers and various other middlemen are full of wealth. The Farm Bill is the most recent addition to this grave exploitation of farmers.

Though there have been several amendments and constitutional provisions to improve the agriculture sector there is still a way to go.

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References:

[1] ECONOMYWATCH, Agrarian Reform in India, Economy Watch (Apr. 21, 2010) https://www.economywatch.com/agrarian/india/#:~:text=Agrarian%20Reform%20in%20India%20had,the%20employment%20rate%20and%20productivity.

[2] India Const. art. 23

[3] India Const. art. 48

[4] India Const. art. 38

[5] India Const. art. 39

[6] India Const. art. 14

[7] State of Bihar v. Kameshwar Singh (1952) A.I.R 1952 S.C. 252 (India).

[8] India Const. art. 31A

[9] India Const. art. 31B

[10] The Constitution (First Amendment) Act, 1951 (India).

[11] The Constitution (Fourth Amendment) Act, 1955 (India).

[12] The Constitution (Seventh Amendment) Act, 1964 (India).

[13] The Mysore Land Reforms Act, 1961(India).

[14] Legal Desire, Constitutional Provisions on Agrarian Reform Legislation, Legal Desire (June 24, 2020) https://legaldesire.com/constitutional-provisions-on-agrarian-reform-legislation/#_ftnref2.

[15] The Constitution (Forty-fourth Amendment) Act, 1978 (India).

[16] India Const. art. 300A

[17] India Const. art. 19 cl. 1

[18] India Const. art. 31

[19] Legal Desire, Constitutional Provisions on Agrarian Reform Legislation, Legal Desire (June 24, 2020) https://legaldesire.com/constitutional-provisions-on-agrarian-reform-legislation/#_ftnref2.

[20] India Const. art. 31A

[21] India Const. art. 14

[22] India Const. art. 19

[23] CD Staff, [Burning Issue] Agricultural Reform Bills, 2020, Civils Daily (Sept. 26, 2020) https://www.civilsdaily.com/burning-issue-agricultural-reform-bills-2020/.

[24] Economic Times, Everything you need to know about the new farm laws, The Economic Times (Oct. 21, 2020) http://www.ecoti.in/zUmejZ0.