Wednesday, March 13, 2013
Namita Wahi has posted Land Acquisition, Development, and the Constitution, Seminar Magazine, Feb. 2013. The abstract:
In this article,
I argue that the debates surrounding the adoption of a fundamental right to
property in the Constitution were centred around the somewhat paradoxical desire
to achieve a liberal democratic legal order which guaranteed the rights to
liberty, equality and property, while simultaneously embarking on a
transformation of the economic and social order considered imperative to prevent
a revolution. This transformation was pegged on a development strategy involving
a move from a feudal agrarian to a capital intensive industrial society. A major
component of this transformative agenda was land reform, involving zamindari
abolition abolition and redistribution of land among the peasants. Equally
important, however, was state planned industrial growth and encouragement of
growth of private industry.
The article goes on to assess the history of land acquisition laws in this country against this backdrop. In particular, it analyses the key features of the Land Acquisition Act, 1894, including the major problems with its implementation. It then analyses the proposed Land Acquisition Rehabilitation and Resettlement Bill, with a view to determining the extent to which the bill addresses the problems with the Land Acquisition Act, 1894. Finally, the article describes the special constitutional provisions for the Scheduled Areas as contained in the Fifth and Sixth Schedules and analyses to what extent the LARR bill is compliant with existing constitutional guarantees.