Chapter

The Early Struggles and Peace at Last

O. Chinnappa Reddy

in The Court and the Constitution of India

Published in print May 2010 | ISBN: 9780198066286
Published online October 2012 | e-ISBN: 9780199081462 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198066286.003.0015
The Early Struggles and Peace at Last

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Pursuant to the promises made in regard to agrarian reforms, several states enacted laws abolishing zamindari. Immediately after the commencement of the Constitution, several high courts in India, at the instance of landholders, struck down the Zamindari Abolition Acts on the ground that they violated the right to property and other fundamental rights guaranteed by the Constitution. Article 31-B was subsequently used and continues to be used (or abused) to prevent challenge to many of the legislations made by the Centre and the states by including them in the Ninth Schedule. This chapter also discusses other constitutional amendments and Supreme Court rulings related to land reform issues, including Shankari Prasad, Karimbil Kunhi Konam v. State of Kerala, Sajjan Singh v. State of Rajasthan, Golaknath v. State of Punjab, and Kesavananda Bharati.

Keywords: India; zamindari; Supreme Court; constitutional amendments; Ninth Schedule; land reform; Constitution; landholders; property; fundamental rights

Chapter.  6343 words. 

Subjects: Constitutional and Administrative Law

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