UP ZAMINDARI ABOLITION AND LAND
REFORMS ACT, 1950
INTRODUCTION
The Zamindari system in India was the
outcome of British rule. Lord Canning was in
fact the mind, who created the landlords. The
British conquerors created the Zamindari
system for reason of expediency and
administrative convenience. The Zamindars
were, in fact, a convenient reactionary social
base for establishing foreign rule over
peasantry and people.
THE U.P. ZAMINDARI ABOLITION AND
LAND REFORMS ACT, 1950 (U.P. ACT
NO. 1 OF 1951)
An Act to provide for the abolition of the Zamindari system
which involves intermediaries between the tiller of the soil
and the State in Uttar Pradesh and for the acquisition of their
rights, title and interest and to reform the law relating to land
tenure consequent upon such abolition and acquisition and to
make provision for other matters connected therewith.
Whereas it is expedient to provide for the abolition of the
Zamindari system which involves intermediaries between the
tiller of the soil and the State in Uttar Pradesh and for the
acquisition of their rights, title and interest and to reform the
law relating to land tenure consequent on such abolition and
acquisition and to make provision for other matters
connected therewith;
VESTING OF ESTATES IN THE STATE
Section 4 of the Act provided that the vesting
of the estates was to take place from such date as
the State Government might notify in the Gazette.
On 1st date of July, 1952 all the estates of
intermediaries vested in the State of Uttar
Pradesh. This date is called the "date of
vesting".
CONTINUED…
There were three land tenure system of British- Zamindari,
Ryotwari and Mahalwari.
In Zamindari (Be Bi: Bengal, Bihar), the British
government outsourced the land Revenue collection work
to Zamindars. Similarly in the Princely states had
Jagirdars.
These ‘intermediaries’ would:
Force the tenants to provide demand free labour
(Begari)evict tenants as per their whims and fancies = no
tenure security
They enjoyed lavish lifestyle, did not add anything to
agriculture productivity, yet charged high rent – they were
like today’s Middleman.
REASONS FOR ABOLITION OF ZAMINDARI SYSTEM
The major objective of land reforms in India
was to abolish intermediaries and to bring
changes in the revenue system that would be
favourable to cultivators. The process
of abolition of Zamindari, Jagirdari,
Ryotwari
CONTINUED….
Therefore, it was necessary to remove these intermediaries
As Article 23 of the Constituion prohibited Begari. But at the grass root
level, Begari couldnot be stopped unless Zamindari itself was abolished.
Because Article-38 says to minimize inequality of income, status and
opportunities. When Zamindars control 40% of India’s cultivated land,
there was no opportunity /status for tenant farmers working under them.
Article-39 provides equitable distribution of the material resources of the
community for common good. But in villages, these Zamindars control
ponds, lakes, forests, grazing lands etc. and didn’t allow others to freely
access them.
Article-48 sought to organize agriculture and animal husbandry on
modern-scientific lines but Zamindars were orthodox rent-seeking
mindset, and tenant farmer had neither the money nor the motivation to
‘scientific farming’.
CONTINUED….
Because First Five year plan also asked for
abolition of intermediaries/zamindars to increase
agro. Production, farmer’s income, to provide social
justice and move towards an egalitarian society.
First Amendment, 1951
First amendment comes under 9th schedule,
whatever laws listed this schedule, courts cannot
inquire into them. But first Amendment is not just
about 9th Schedule /Zamindari abolition. It dealt
with many other issues as well.
CONTINUED..
Similarly, Constitution came into force from January 1950. But
from January 1950 to May 1951 (15 months), government
realized variety of deficiencies/problems with Constitution. So,
came up with First amendment to fix those issues in 1951.
#1: SEBC
Before Amendment
Art. 15: State cannot discriminate against any citizen…..
So according to this (original) provision, if government provided
reservation or any welfare scheme for SC/ST/OBC/PH, then
general category could approach court saying we’re
‘discriminated’ against and hence our fundamental right is
violated.
CONTINUED….
Another Angle:
DPSP Art.46: State should promote with special care
the educational and economic interests of the weaker
sections of the people and protect them from social
injustice.
But this Directive principle cannot be implement
because of Art.15
so, government had to fix this inconsistency with
Art.15.
CONTINUED
After the 1st Amendment
Article 15 shall NOT prevent the State from
making any special provision for the advancement
of any socially and educationally backward classes
(SEBC) of citizens or for the Scheduled Castes and
the Scheduled Tribes.
In other words, if government makes law for
SEBC/SC/ST, they cannot be challenged in courts
on the grounds that Art.15 is violated.
CONTINUE….
BEFORE 1ST AMENDMENT
1949: Uttar Pradesh, Madhya Pradesh, Bihar, Madras, Assam and
Bombay states introduced Zamindari abolition bills.
They all used the report of the Uttar Pradesh Zamindari Abolition
Committee (chaired by G.B. Pant) acting as the initial model.
But Zamindars approached courts, raising issues like ‘our right to
property’ has been violated or we’re not given fair compensation
etc.
Hence Union government came up with provisions to prevent
courts from entertaining such pleas.
CONTINUED….
AFTER 1ST AMENDMENT
Added three things to the constitution
two new articles (31 A and B)
one schedule (9th Schedule)
Art 31A: State can make laws to acquire any estates / rights related to
estates.
Estate =also includes any jagir, inam or muafi or other similar grant;
Rights= also includes rights of any proprietor, sub-proprietor, under-
proprietor, tenure-holder or other intermediary- with respect to land
revenue.
And courts cannot declare such law void, on the ground that it violates
fundamental rights.
(But) if such law is made by a state legislation, then it cannot claim
immunity under Art.31A, until it receives assent from the President of
India.
CNTINUED….
Article 31B: The Acts and regulations listed in 9th Schedule
of the constitution = cannot be challenged in courts on the
ground that they are violating fundamental rights.
It means courts are prohibited from doing any judicial
review of the items listed in 9th Schedule.
9th Schedule:
The first Amendment act listed 13 acts and regulations in 9th
schedule. all meant for abolishing Zamindari. Meaning
Zamindars could not approach courts against those laws.
Later 14th Amendment, 34th Amendment etc. also added
more laws related to land reforms in this 9th Schedule.
ZAMINDARI ABOLITION ACTS: SALIENT
FEATURES
Since land falls under State list, so state
legislatures had to enact the zamindari
abolition. It means no uniformity.
Different states have different provisions.
But there are some ommon features of all
such state acts.
