The history of land reforms in India in the pre-independence period is a history of colonial exploitation, agrarian distress, and the gradual awakening of the Indian peasantry to demand justice and security. The land tenure systems introduced and perpetuated by the British colonial administration created a class of absentee landlords who exploited millions of cultivators, while the colonial government extracted maximum revenue from the countryside without investing in agricultural development or the welfare of farmers.
An understanding of the land tenure systems of the pre-independence period is essential for appreciating the significance of the land reform programme carried out by independent India and the constitutional provisions that were enacted to support it.
Land Tenure Systems in Pre-Independence India
The British colonial administration established three major systems of land tenure in different parts of India:
1. Zamindari System (Permanent Settlement)
The Zamindari System was introduced by the British through the Permanent Settlement of 1793, implemented by Lord Cornwallis in Bengal, Bihar, and Orissa. Under this system:
- Large tracts of land were settled permanently with Zamindars (landlords) who were recognized as the owners of the land
- The Zamindars were required to pay a fixed amount of revenue to the British government — this amount was fixed permanently (hence "permanent settlement")
- The Zamindars could collect whatever rent they wished from the actual cultivators — there was no limit on rent
- If the Zamindars failed to pay the fixed government revenue, their estates could be auctioned (the Sunset Law)
- The cultivators (ryots/tenants) had no security of tenure and could be evicted at the landlord's will
Consequences of the Zamindari System:
- Zamindars became a class of absentee landlords interested only in collecting rent
- There was no incentive for Zamindars to invest in improving the land
- Cultivators were subjected to rack-renting (excessive rents) and could be evicted at any time
- Agricultural productivity stagnated
- Rural poverty became endemic
2. Ryotwari System
The Ryotwari System was introduced in Madras Presidency (by Thomas Munro) and Bombay Presidency in the early 19th century. Under this system:
- The British government made a direct settlement with the individual cultivator (ryot) — there was no intermediary landlord
- The ryot paid revenue directly to the government on a field-by-field basis
- The revenue was revised periodically (usually every 20-30 years) based on the productivity of the land
- The ryot had occupancy rights over the land as long as he paid the revenue
Consequences of the Ryotwari System:
- The revenue assessments were often excessively high — sometimes as high as 45-55% of the gross produce
- The periodic revisions of revenue created uncertainty for cultivators
- When cultivators could not pay the revenue, they were forced to take loans from moneylenders at usurious rates
- Gradually, cultivators lost their land to moneylenders through mortgage and sale
- A class of absentee landlords emerged even in ryotwari areas as moneylenders acquired cultivators' lands
3. Mahalwari System
The Mahalwari System was introduced in the Northwest Provinces (present-day Uttar Pradesh), Punjab, and Central Provinces (present-day Madhya Pradesh). Under this system:
- The village community (mahal) as a whole was responsible for the payment of revenue to the government
- The village community allocated the revenue burden among individual cultivators
- The headman of the village was responsible for collecting and paying the revenue
- Individual cultivators had their traditional rights in the village lands recognized
Consequences of the Mahalwari System:
- Similar to the ryotwari system, revenue demands were often excessive
- The system disrupted traditional village community arrangements
- Village lands gradually became concentrated in the hands of richer cultivators and moneylenders
Agrarian Problems in Pre-Independence Period
The land tenure systems established by the British created the following major agrarian problems:
1. Absentee Landlordism
Under the Zamindari system, most landlords lived in cities and towns and had no direct connection with the land or the cultivators. They employed agents (amlas) to collect rents and had no interest in improving agricultural conditions. The cultivators were left to cultivate the land under conditions of great insecurity.
2. Sub-Infeudation and Multiple Intermediaries
Over time, Zamindars sub-let their estates to other persons who further sub-let to others, creating a long chain of intermediaries between the actual cultivator and the government. Each intermediary extracted a share of the produce, leaving the actual cultivator with very little.
3. Rack-Renting
Landlords charged rack-rents — excessive rents far above the economic rent of the land. Cultivators had no choice but to pay these rents as they had no security of tenure and could be evicted if they refused.
4. Insecurity of Tenure
Most cultivators (particularly in zamindari areas) had no security of tenure — they could be evicted at the landlord's will without any compensation. This insecurity prevented cultivators from making improvements to the land.
5. Indebtedness
Cultivators were perpetually in debt to moneylenders. Excessive rents, poor harvests, and family emergencies drove cultivators into debt from which they could never escape. Moneylenders charged usurious rates of interest and often ended up acquiring the cultivator's land through foreclosure of mortgage.
6. Land Alienation
Millions of cultivators lost their land to moneylenders, landlords, and creditors through sale and mortgage under financial distress. The Deccan Riots of 1875 in Maharashtra were a direct result of land alienation caused by moneylenders.
Pre-Independence Attempts at Land Reform
Even before independence, there were some attempts at land reform:
1. Tenancy Legislation
Several provincial governments enacted tenancy legislation to give cultivators some security of tenure and to regulate rents:
- Bengal Tenancy Act, 1885 — Gave occupancy rights to tenants in Bengal
- Punjab Land Alienation Act, 1900 — Restricted transfer of land to non-agricultural classes to prevent land alienation
2. Moneylenders Acts
Various legislation was enacted to regulate the activities of moneylenders and provide relief to indebted cultivators.
3. Reports and Recommendations
Several committees and commissions examined the agrarian problem:
- Royal Commission on Agriculture (1928) — Highlighted the problem of agricultural indebtedness
- Congress Agrarian Enquiry Committee (1935) — Recommended abolition of Zamindari and giving land to tillers
- Provincial Agrarian Legislation Committee (1949) — Made recommendations for post-independence land reform
4. Nationalist Movement and Land Reforms
The Indian National Congress under Mahatma Gandhi and Jawaharlal Nehru championed the cause of peasants and demanded land reform as an essential part of the independence struggle. The Congress Working Committee passed resolutions in 1936 and 1937 calling for the abolition of Zamindari and the transfer of land to tillers.
Constitutional Provisions for Land Reform
When India became independent in 1947 and the Constitution was drafted, the framers were acutely aware of the agrarian problem and incorporated several provisions to facilitate land reform:
Directive Principles:
- Article 39(b) — Equitable distribution of material resources
- Article 39(c) — Prevention of concentration of wealth
- Article 46 — Promotion of educational and economic interests of weaker sections
Constitutional Amendments:
- First Amendment (1951) — Inserted Article 31A and Article 31B (Ninth Schedule) to protect land reform laws from judicial challenge
- Fourth Amendment (1955) — Further protected land reform laws by preventing courts from questioning adequacy of compensation
- 44th Amendment (1978) — Removed right to property from Fundamental Rights
Important Case Laws
1. State of Bihar v. Kameshwar Singh (1952) The Supreme Court struck down the Bihar Land Reforms Act on the ground that the compensation was illusory, leading to the First Constitutional Amendment.
2. Sankari Prasad v. Union of India (1951) The Supreme Court upheld the First Constitutional Amendment protecting land reform laws.
3. Golak Nath v. State of Punjab (1967) The Supreme Court held that Parliament cannot amend Fundamental Rights — this threatened land reform legislation and led to further constitutional amendments.
4. Kesavananda Bharati v. State of Kerala (1973) The Supreme Court held that Parliament can amend Fundamental Rights but cannot destroy the basic structure of the Constitution. This placed ultimate limits on constitutional amendments relating to land reform.
Conclusion
The pre-independence period in India was characterized by deeply unjust land tenure systems that concentrated land ownership in the hands of a few landlords and moneylenders while millions of cultivators lived in poverty and insecurity. The Zamindari, Ryotwari, and Mahalwari systems created by the British served primarily the interests of the colonial administration and the landlord class at the expense of the actual cultivators of the soil. The agrarian problems of the pre-independence period — absentee landlordism, rack-renting, insecurity of tenure, indebtedness, and land alienation — were so severe that they became a major driving force of the Indian independence movement. The founders of independent India recognized that land reform was not just an economic necessity but a moral imperative — an essential step towards fulfilling the constitutional promise of social justice, equality, and human dignity for all Indians, particularly the most vulnerable. The comprehensive land reform programme carried out in post-independence India — abolition of Zamindari, tenancy reform, land ceilings, and distribution of surplus land — was directly shaped by the bitter lessons of the pre-independence period and represents one of the most ambitious exercises in social transformation in the history of independent India.
Comments
Post a Comment