Land Reforms History — Set 6

Correct Answer: B. 25 or more families in plain areas, 10 in tribal/hilly areas

The Land Acquisition Act 2013 mandates preparation of a Rehabilitation and Resettlement (R&R) scheme when 25 or more families are displaced in plain areas or 10 or more families in tribal, scheduled, desert, or hilly areas. The R&R scheme must include provisions for housing, livelihood, social infrastructure, and financial assistance. The Collector must survey all displaced persons and prepare the R&R scheme before land possession. This was a major improvement as the 1894 Act had no statutory R&R provisions.

Correct Answer: C. 44th Amendment 1978

The 44th Constitutional Amendment of 1978 deleted the right to property from Fundamental Rights (Article 19(1)(f) and Article 31) and converted it into a mere legal right under Article 300A. This amendment was enacted by the Janata government after the Supreme Court's Kesavananda Bharati judgment limited Parliament's power to amend fundamental rights. With property no longer a fundamental right, land acquisition laws became harder to challenge. However, Article 300A still requires that no person can be deprived of property except by authority of law.

Correct Answer: B. It established limits on Parliament's power to amend the Constitution including land reform laws

The Kesavananda Bharati v. State of Kerala (1973) judgment by a 13-judge bench ruled that Parliament cannot amend the 'basic structure' of the Constitution. While upholding most land reform laws as valid, the judgment set limits that no amendment can destroy basic features including rule of law and judicial review. Subsequent to this case, the 44th Amendment removed property from fundamental rights to prevent court challenges to land acquisition. The Basic Structure doctrine indirectly shapes the boundaries within which land reforms can operate.

Correct Answer: B. Inherent power of the state to acquire private property for public purpose with compensation

Eminent domain is the inherent power of the sovereign state to compulsorily acquire private property for public purposes, subject to payment of just compensation. Both the colonial Land Acquisition Act 1894 and the current 2013 Act derive their authority from this doctrine. The doctrine has two key elements: the purpose must be genuinely 'public purpose' and adequate compensation must be paid. Indian courts have broadly interpreted 'public purpose' to include not just government use but also development projects involving private parties.

Correct Answer: D. All of the above

The correct answer is 'All of the above'. Jammu and Kashmir implemented land reforms through a series of laws including the Big Landed Estates Abolition Act 1950 (which abolished large landlordism), the Land Grants Act, and subsequent tenancy reforms. J&K's land reforms under Sheikh Abdullah's government were among the most radical in India, with very low land ceilings and substantial redistribution. The reforms were distinct from those in other states as J&K had its own constitution and special status (Article 370) until 2019. These reforms transformed the agrarian structure significantly in the Kashmir valley.

Correct Answer: C. 1980

The National Policy on Land Reforms was issued by the Government of India in 1980, providing comprehensive guidelines for states on land reform implementation. It emphasized stricter implementation of land ceilings, distribution of surplus and government waste land to landless laborers, protection of tribal land from alienation, and updating of land records. The policy recognized that previous efforts had been inadequate and called for political will and administrative commitment to implement reforms effectively. It addressed both ownership reforms and tenancy reforms.

Correct Answer: C. Forest Rights Act 2006

The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act 2006, commonly known as the Forest Rights Act, recognizes the rights of tribal communities over forest land they have traditionally occupied and cultivated. Individual rights cover up to 4 hectares for each household. Community rights include management of community forest resources, minor forest produce collection, and right over developmental facilities within forests. The Act reversed centuries of forest policy that had criminalized tribal forest use.

Correct Answer: C. 4 hectares

The Forest Rights Act 2006 allows recognition of individual forest rights over a maximum of 4 hectares (approximately 10 acres) per household. This applies to land that was under actual cultivation by the claimant family as of December 13, 2005 (the cut-off date). The rights recognized include the right to live in and cultivate such land. These rights are heritable but not transferable. Many tribal households have received pattas (title documents) under this provision.

Correct Answer: B. Preventing alienation of tribal land and restoring alienated tribal land

The Tribal Sub-Plan (TSP), now called Scheduled Tribes Component, allocates proportionate budget resources for tribal welfare including prevention of tribal land alienation and restoration of alienated tribal lands. Many states have enacted Tribal Land (Restrictions on Transfer) Acts to prevent non-tribals from purchasing tribal land in Scheduled Areas. Panchayats (Extension to Scheduled Areas) Act (PESA) 1996 also empowers gram sabhas to prevent alienation of tribal land. Despite these protections, tribal land alienation remains a serious problem.

Correct Answer: B. Power to manage natural resources, prevent land alienation, and approve land acquisition in scheduled areas

PESA 1996 extends panchayati raj to scheduled areas (5th Schedule areas with tribal populations) and gives gram sabhas significant powers over land and natural resources. Gram Sabhas must be consulted before land acquisition in scheduled areas and have power to prevent alienation of tribal land. They manage minor water bodies, minor forest produce, and regulate money lending and other local economic activities. PESA recognized tribal self-governance traditions and tried to empower communities against displacement from land and resources.