All India Political Parties Meet

INDEX

1. Letter from the Executive Board…………………………………………………………………. (3)

2. Introduction to the First Agenda…………………………………………………………………. (4)
3. Demographics…………………….……………………………………………………………… (5)
4. History……...…………………….……………………………………………………………… (5)
5. Kashmir’s Accession to India……………………………….…………………………………... (6)
6. Reference to the United Nations……………………………….……………...………………… (6)
7. Article 370 and 35-A of the Indian Constitution…………………………….….………………. (7)
8. The India – Pakistan Issue ……….……………………………………………………………... (8)
9. Reasons for Conflict in Kashmir ………………………………………………………………. (10)
10. United Nations on Kashmir ……………………………………………………………………. (11)
11. Exodus of Kashmiri Pandits……………………………………………………………………. (12)
12. The Recent Developments ….…………………………………………………………………. (13)
13. Introduction to the Second Agenda ……………………………………………………………. (14)
14. The Zamindari System …………………………………………………………………………. (14)
15. The Ryotwari System ...………………………………………………………………………… (15)
16. The Mahalwari System ………………………………………………………………………… (16)
17. Talukdari System ………………………………………………………………………………. (17)
18. Malguzari System ………………………………………………………………………………. (17)
19. Land Ceiling in India ……………………………………………………………………………. (18)
20. Land Reforms post Independent India …………………………………………………………. (20)
21. Land Reform Attempts in Recent Years ………………………………………………………. (21)
22. 9th Schedule of the Indian Constitution ………………………………………………………. (23)
23. Article 31A and 31B …………………………………………………………………………. (24)
24. SC Judgement Related to Ninth Schedule ……………………………………………………. (25)
25. Impact of The Judgement ……………………………………………………………………. (25)

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LETTER FROM THE EXECUTIVE BOARD

Dear Prospective Members,

At the outset on behalf of the Executive Board, we extend a warm welcome to all of you and congratulate you
on being a part of the AIPPM being simulated at VIT MUN. VIT MUN has a rich legacy of debating and
connecting the youth of the country, wouldn’t be wrong if I may add that VIT MUN is one of those few
MUNs which has a continued legacy of being one of the finest MUNs in the country and continue to represent
the core values of the institution which stands on the principles of excellence and service

The committee being simulated, would unlike most other simulations you must have heard of or been a part
of; focus on political intellect, logical intellect, analytical application of thoughts, and strategic application of
thoughts in addressing the issues at hand.

Kindly note, we are not looking for existing (impractical) solutions or statements that would be a copy-paste
of what the person you are representing has already stated; instead, we seek an out of the box solution from
you, while knowing and understanding the impending limitations of the person you represent.

This Introductory guide would be as abstract as possible, and would just give you a basic perspective on what
you can expect from the committee and areas wherein your research should be focused at this given point in
time. Given, the extremely political and volatile nature of the agendas of the committee, your presence of
mind and analytical aptitude is something that we at the executive board would be looking to test.

Kindly do not limit your research to the areas highlighted herein but, ensure that you logically deduce and
push your research to areas associated with and in addition to the issues mentioned.

The objective of this background guide is to provide you with a ‘background’ of the issue at hand and
therefore it might seem to some as not being comprehensive enough.

We feel that ‘study guides’ are detrimental to the individual growth of the delegate since they overlook a very
important part of this activity, which is Research. We are sure, however, that this background guide gives you
a perfect launching pad to start with your research.

This guide shall deal with a skeletal overview of the agenda. The delay is intentional as we do not want to
spoon-feed you with the research.

DISCLAIMER: The Content provided in the BG is a compilation of various research and literary works of
various authors and thinkers in blend with the intellect of the executive board. It is to be noted that the content
provided below in no way reflects the personal ideologies of the executive board and has prepared keeping in
mind a neutral point of view. Wishing you all very good luck.

Executive Board

AIPPM

VIT Pune MUN 2022

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All India Political Parties Meet

Introduction to the Agenda

Agenda 1: Restoration of Statehood to Jammu and Kashmir and Ladakh.

Jammu and Kashmir region is to the north-western part of the Indian subcontinent. It is bounded by the Uygur
Autonomous Region of Xinjiang to the northeast and the Tibet Autonomous Region to the east (both parts of
Peoples Republic of China), by the Indian states of Himachal Pradesh and Punjab to the south, by Pakistan to
the west, and by Afghanistan to the northwest. The region, with a total area of some 85,800 square miles
(222,200 square km), has been the subject of dispute between India and Pakistan since the partition of the
Indian subcontinent in 1947.1
The area can be divided into three broad regions- one, being Jammu; two, Kashmir; and three Ladakh.
However, it is important to note that the whole territory of Jammu and Kashmir is not presently under the
control of India. Therefore, we find that India, Pakistan and China have control over certain regions due to the
territorial disputes that have occurred in the past.

From the above-mentioned map, it can be inferred that roughly around 45% of the State of Jammu and
Kashmir belongs to Pakistan, which exists in the name of Pakistan administered Kashmir, and roughly around

1 Encyclopedia Britannica

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20% of the territory to China which exists in the name of Aksai Chin region and the remaining 35% land mass
that is visible in the name of Indian Administered Kashmir is the one which belongs to Republic of India.

DEMOGRAPHICS
The Jammu & Kashmir has a Muslim majority population. Though Islam is practiced by about 67% of the
population of the state and by 97% of the population of the Kashmir valley, the state has large communities of
Buddhists, Hindus (inclusive of Megh Bhagats) and Sikhs.2
According to the census data of 2001, around 97% of the population in Indian-Administered Kashmir are
Muslims, while Hindus comprise 1.84% of the population. It is also estimated that roughly 1.5 million
refugees from India side of Kashmir in Azad Kashmir and Pakistan.

HISTORY
The State of Jammu and Kashmir as it exists today was created by the British in 1846. The reason behind its
creation was to weaken the Sikh community after they were defeated by the British in the Battle of Sobraon.
The British, during their rule in India sold it Raja Gulab Singh the King of Jammu of the Dogra dynasty under
the “Amritsar Treaty” which is also referred to as “Sale Deed of Kashmir” and the entire transaction happened
for 75 Lakhs of British Indian rupees.
In the Year 1932 in the month of October The All India Jammu and Kashmir Muslim Conference was formed
by Sheikh Mohammed Abdullah to protest against the Maharaja, who had failed to implement the provisions
of B.J. Glancy Commission report3 and all met for the first time in Srinagar.
In the year 1938 taking into consideration that Secularism is the key to win over any sort of struggle in order
to recruit Hindu people to the cadre the All-India Jammu and Kashmir Muslim Conference became “The
National Conference”4 and also another reason for the change of its name was because of Mohammed Ali
Jinnah’s Muslim Conference which was running parallel to the ideology of that of Sheikh Abdullah and was
limited only to the rights of Muslims, while for Abdullah it was more of nationalism and secularism.
Therefore, until the time of Indian and Pakistan independence, there were no problems in Kashmir.

2 Jammu and Kashmir Official Portal

3Which was constituted in the year 1931 by the Maharaja of Kashmir
4
Even to this day it is addressed as the National Conference- Today it’s a political party run by Omar Abdullah’s grandson of Sheik
Abdullah
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KASHMIR’S ACCESSION TO INDIA

When India and Pakistan got independence, the Maharaja of Kashmir signed a Standstill Agreement with
Pakistan, while he did not sign one with India. The princely states had the option of either joining any of the
two dominions, or remaining independent. In order to join a dominion, the princely states had to sign a legally
enforceable document called the Instrument of Accession.
As the Maharaja had refused to accede to India, there were multiple schools of thought in the Indian polity
regarding India’s Kashmir policy. While merger and accession of all the states was handled by Sardar
Vallabhbhai Patel, Kashmir was handled by Pandit Nehru. Pandit Nehru adopted a soft approach towards
Kashmir and consulted Lord Mountbatten, the then Governor General to decide India’s Kashmir policy. On
the other hand, Sardar Patel undertook required measures to woo the princely states to accede to the Indian
dominion, and used force whenever a king of a princely state acted contrary to the will of the people.
The state of Jammu and Kashmir acceded to India on 26th October 1947 under peculiar circumstances by
signing the Instrument of Accession. This was also supported by National Conference, the largest political
party in the state. However, Pakistan refused the accession Liaqat Ali Khan quotes: “The accession of
Kashmir was fraud perpetrated on the people of Kashmir by its cowardly ruler”. The Indian narrative
regarding the accession of Kashmir is that certain tribesmen from Pakistan (whom India alleges were the
soldiers of the Pakistan Army) attacked Kashmir on 22 nd October 1947, violating the Standstill agreement.
Since the Pakistani tribesmen outnumbered the army of the Maharaja, the Maharaja sought India’s help and
sent an urgent message on 24th October 1947.
Interestingly, after Kashmir’s accession to India on 26th October 1947, Nehru addressed a letter to Sardar
Patel on 27th October 1947 stating-“So far as Kashmir is concerned, people cannot get rid of the idea that
Kashmir is predominantly Muslim and, therefore, likely to side with Muslim Pakistan….I might also mention
that my position about Kashmir is, either a full acceptance of the UN Commission’s resolution on ceasefire or
a partition on the lines we have previously talked about i.e., Western Poonch, etc, Gilgit, Chitral, most of
Baltistan to Pakistan….The whole point I should like to impress upon you and my colleagues is that Kashmir
affair as well as Hyderabad developments are being closely followed in other countries, though they may not
say much about them. They follow them to judge what India stands for and is going to be”.

REFERENCE TO THE UNITED NATIONS

With reference to Article 35 of the United Nations Charter any Member state can approach the organization if
they feel there is a threat to their security, peace and law and order. The reason being the tensions were
escalating so fast that the two newly emerged countries5 could go for a war, which was not economically and
socially a feasible thing to do. Hence to put a full stop to the developing affairs India requested the
interference of United Nations Security Council.
Pandit Nehru in an AIR broadcast said, “We have declared that the fate of Kashmir is ultimately to be decided
by the people…We are prepared-when peace and law and order have been established-to have a referendum
under the international auspices like the United Nations.”

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India and Pakistan
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In the year 1948 in the month of July the United Nations Commission6 for Indian and Pakistan visited the
State of Jammu and Kashmir and found the presence of the troops of Pakistani army operating in the land of
Jammu and Kashmir. The UNCIP resolution which was binding upon both the countries insisted that both the
countries implement certain measures7 to uphold peace and brotherhood. The main contention by the
Resolution of UNCIP was that Pakistan and India mutually withdraws its troops and Union of India ensures
that there is peace and tranquillity in the State. In return the UN would conduct a Plebiscite8.
India accuses Pakistan of violating certain terms mentioned in the resolution, which are as follows-
 Pakistan apparently never abided to the conditions prescribed the United Nations security council and
continuously engaged itself in violating norms of international law, which in return created an
ambience that was not suitable for having a plebiscite.

ARTICLE 370 AND 35-A OF THE INDIAN CONSTITUTION

Article 370:
The insertion of Art 370 is regarded as the most controversial provision in the Indian Constitution. It had the
entire Nehru Cabinet in splits while Nehru and his confidant Gopalaswamy Ayyangar argued that for a variety
of reasons Kashmir, unlike other princely states, was not yet ripe for integration, Legal stalwarts like Dr B R
Ambedkar the Union Minister for Law and The Deputy Prime Minister Sardar Vallabhbhai Patel argued that
while all the 500 odd princely states signed the same document 9 as the Maharaja of Kashmir why is there this
discrimination amidst states was their contention, Ambedkar even went to an extent of not obliging to Nehru’s
orders to propose the same in the Cabinet. Also read with the Article 35-A of the Constitution which goes on
to give residential status to the people of Kashmir and giving immunity over property rights only to the
citizens of Jammu and Kashmir was another aspect which created a stir of controversy. The involvement of
the United Nations brought an international dimension to this conflict.
It has been said by certain commentators in India that Article 370 was only a temporary provision which was
inserted into the Constitution to regulate the relationship between the Republic of India and state of Jammu
and Kashmir until the Constitution of Jammu and Kashmir came into force. They hold that the provision
should have ceased to exist when the Constitution of Jammu and Kashmir came into force and the state was
incorporated into India.
Article 35-A:
Article 35A is a provision incorporated in the Constitution giving the Jammu and Kashmir Legislature a carte
blanche to decide who all are ‘permanent residents’ of the State and confer on them special rights and
privileges in public sector jobs, acquisition of property in the State, scholarships and other public aid and
welfare. Some political commentators state that the Hindu families which came to Jammu in 1947 were not
recognized as permanent residents but Muslims from Uyghur were recognized as permanent residents by the

6 UNCIP
7
Part 1 and Part 2 of the resolution talks about the Measures that both the countries must mutually perform.
8 A democratic process where in the people choose a decision as in the form of elections
9 The Instrument of accession

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J&K Government. Some reports also suggest that the Valmiki community, prominently Dalits, were granted
the status of permanent residents only on the condition that they would perpetually be scavengers.
The provision mandates that no act of the legislature coming under it can be challenged for violating the
Constitution or any other law of the land.
Amendment to Article 370:
Article 370 has been amended to simply provide that all provisions of the Indian Constitution as amended
from time to time would henceforth apply to Jammu and Kashmir. It is important to note that this is claimed
to have been done by due constitutional process through a Presidential notification issued on the basis of a
resolution passed by a two third majority of both houses of Parliament in which the state of Jammu and
Kashmir is apparently represented. In one stroke this amendment not only made all Indian laws applicable in
Jammu and Kashmir but also did away with Article 35 A.
Accompanying the amendment of Article 370 Parliament also passed the Jammu and Kashmir Reorganisation
Act by bifurcating the state it into two union territories, notably, Jammu and Kashmir with a legislative
assembly and Ladakh without one.10

THE INDIA-PAKISTAN ISSUE

The India-Pakistan relations have remained tangled over the Kashmir issue. As already seen, the conflict
between the two countries started shortly after they got independence. There have been a series of
developments over the past seven decades in the relationship between the two countries vis-à-vis Kashmir.
The two countries have fought wars, conducted summits and signed agreements regarding the same which
have been enumerated below-

 Line of Control
The Line of Control (LOC) is the line that marks where the region of Kashmir is divided. The land on one
side of the line is controlled by India, and the land on the other side is controlled by Pakistan. It is not a legal
international border, but is the effective boundary between the two countries. India and Pakistan fought over
Kashmir between 1947 and 1948. The line originally marked the military front when the two countries
declared a ceasefire on 1 or 2 January 1949. The fronts gradually became a solid boundary. It was formally
named the Line of Control after the Simla Agreement, which was signed on 3 July 1972.

 1965 War
Pakistan is accused of violating the Art 2(4) of the UN Charter by trying to impose a military solution on the
State of Kashmir. Pakistan tried another invasion which miserably failed as the people of Kashmir stood in
unity, and integrity of India at the time was unshakeable. Subsequently, Soviet Union offered to mediate
between the two countries which ended up with signing of the Tashkent Agreement.

10
https://www.vifindia.org/article/2019/november/05/hoo-ha-on-recent-developments-in-kashmir-unwarranted
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 Simla Agreement
An agreement which was initiated in the year 1972, went on for 2 months11 and the final agreement was
signed on 2 nd of July, as a scope of this agreement both the nations decided to resolve differences bilaterally
and peacefully. In this Agreement India was particular about its stance that State of Jammu and Kashmir is an
integral part of India and both countries shall believe in the principles of brotherhood and shall respect
territorial sovereignty and shall uphold the UN Charter in mind and spirit and Pakistan shall fight terrorism in
its country and ensure that there is harmony in the neighbourhood.

 Testing of nuclear weapons

India and Pakistan both tested nuclear devices in May 1998, and then in April 1999 test-fired missiles in
efforts to perfect delivery systems for their nuclear weapons. Pakistan tested its Ghauri II missile four days
after India's testing of its long-range (1,250 km) Agni II.
Although Pakistan claims that its missiles are an indigenous effort, in July 1999 Indian customs agents seized
components shipped from North Korea which they claim were destined for Pakistan's missile programme.
Pakistan's later intermediate-range Ghauri III missile has a range of about 3,000 km

 Lahore Visit
An initiative by A.B Vajpayee who took a historic initiative and visited Lahore from February 20th to 21st
1999. The concept of Minar-e-Pakistan was established for peaceful, co-operative and friendly ties with
Pakistan. But before the ink on the Lahore declaration dried the bugle for the Kargil war was blown.

 Kargil war
In the Month of May 1999, India alleges that Pakistan tried launching a military operation in Zojila Pass12 in
order to occupy the Srinagar Highway. The Zojila Pass is an area which gets practically impossible for travel
during the winters as the area is completely snow-capped, and it is an informal agreement or a mutual
agreement that the soldiers of India and Pakistan which was implicitly followed that both don’t guard that area
during winter. But Pakistan took the additional effort of annexing that terrain in the middle of a biting winter
and made severe attempts to annex the Tiger Hill, which has great strategic importance and annexing of the
same would give easy access to Indian territory. But it is said that to Pakistan’s bad luck the snow capes of
winter melted soon giving India the easy access to Tiger hill through Zojila pass which gave India a neat
access and hence India could defeat Pakistan and once again put Pakistan in its place.

 Agra Summit
Conducted in the year 2001, the Summit took place from 14th of July to 16th of July in the monumental city of
Agra between General Parvez Musharaf and Atal Bihari Vajpayee. Very similar to that of the Lahore summit
in this case Pakistan once again pledged to fight terrorism and promised that it would not allow its land to be
used for terrorism.

11 June and July

12
LoC area
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 Bangkok Meet
The National Security Advisors of India and Pakistan. Indian Delegation was headed by the former Indian
Spy Ajith Doval and Pakistan Delegation by Lt Gen Nasser Khan Janjua met in Bangkok on 6th December
2015 to discuss a range of issues which included tackling terrorism and Kashmir.

Role of China
China’s economic and strategic interests in Pakistan have grown exponentially. It has invested $62 billion in
building China-Pakistan Economic Corridor (CPEC) that includes development of Gwadar port and massive
construction of roads, railways, airports, telecommunication network and power stations in Balochistan,
Gilgit-Baltistan, Khyber Pakhtunkhwa, Punjab and Sindh.
The CPEC connects to Beijing by Karakoram highway that runs through Gilgit-Baltistan, India’s erstwhile
part of greater J&K. This highway is also a part of $1 trillion worth Belt and Road Initiative (BRI) of China
that seeks to further expand its economy by exploiting resources in Asia, Africa and Europe. Delhi has been
opposing BRI on the ground that Karakoram highway violates its sovereignty over Gilgit-Baltistan. Such is
the stake of China in these two projects that it has committed over 65,000 Chinese civilians as workforce and
nearly 13,000 PLA troops to ensure their safety.
However, delegates have to note that the above-mentioned projects are planned in the Pakistan Administered
Kashmir and not that of India-Administered.

REASONS FOR CONFLICT IN KASHMIR

1. The Separatist Movements: There are groups such as the Hurriyat Conference and the Azad Kashmir
Plebiscite Group which demand independence of Kashmir by asserting their right to self-determination
of the ‘Kashmiriyat’ identity. However, while Pakistan considers them as relevant stakeholders, India
does not recognize them. India alleges that such separatist movements have encouraged insurgencies
and militancy in the state.

2. Insurgency and militancy: The insurgency in Jammu and Kashmir (also Kashmiri Insurgency, or
Kashmir Intifada) is an uprising or revolt against the Indian administration of Jammu and Kashmir.

More explicitly, the roots of the insurgency are tied to a dispute over local autonomy. Democratic
development was limited in Kashmir until the late 1970s and by 1988 many of the democratic reforms
provided by the Indian government had been reversed and non-violent channels for expressing
discontent were limited and caused a dramatic increase in support for insurgents advocating violent
secession from India. In 1987, a disputed State election created a catalyst for the insurgency when it
resulted in some of the state's legislative assembly members forming armed insurgent groups. In July
1988, a series of demonstrations, strikes and attacks on the Indian government began the Kashmir
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insurgency, which during the 1990s escalated into the most important internal security issue in India.
Pakistan claims to be giving its "moral and diplomatic" support to the separatist movement. The Inter-
Services Intelligence of Pakistan has been accused by India and the international community of
supporting, supplying arms and training mujahideen, to fight in Jammu and Kashmir. In 2015, former
President of Pakistan Pervez Musharraf admitted that Pakistan had supported and trained insurgent
groups in the 1990s. India has repeatedly called Pakistan to end its "cross-border terrorism" in
Kashmir.

3. Armed Forces Special Powers Act: Jammu & Kashmir AFSPA, 1990 is an emergency law that gives
legal cover to the armed forces operating in disturbed areas from prosecution. Twenty-five years after
the Armed Forces Special Powers Act (AFSPA) was implemented in Jammu and Kashmir, the law
still remains a bone of contention in the militancy-hit state. Ambiguity shrouds the status of the
AFSPA even as several regional parties, including separatists, debate the pros and cons of the law and
up the ante against the government which time and again has refused to repeal it. The law was first
implemented on July 5, 1990, when the entire law-and-order machinery collapsed in the Valley and
normal law was found inadequate to tackle the rising graph of armed militancy. The then state
government declared the Kashmir Valley as a disturbed area under section 3 of AFSPA. Later, on
August 10, 2001, the J&K government extended disturbed area provision to the Jammu province also.
The Army argues that the cover provided by the J&K Police and CRPF is just one layer of security and
for keeping these districts safe, "area domination" operations by Army columns to keep militants at
bay are necessary. These operations, contends the Army, must be covered by AFSPA. Several national
political parties, including the Congress and the BJP, also say that the armed forces should have the
final say on the issue. The opposition to this law comes from the perspective of it going against basic
human rights.

4. Amendment of Article 370: The amendment has caused insecurity in the state since it takes away the
autonomy which the state enjoyed due to the special provision under the Constitution. This insecurity,
some say has increased the gap between India and Kashmir.

UNITED NATIONS ON KASHMIR

India for the past 3 years has been on the receiving end of tantrums and abuses from the International
community on the way it is handling the so called ‘anti national’ moments and recently rejected a United
Nations report13 that accused it of having used excessive force in disputed Kashmir to kill and wound civilians
since 2016 and which called for an international inquiry into the accusations of rights violation which is being
carried out by the army under the Public Safety Act in sync with the AFSPA which is already in place for
decades.

The first U.N. report on human rights in both Indian-administered and Pakistan-administered Kashmir urged
Pakistan to end its misuse of anti-terror legislation to persecute peaceful activists and quash dissent. Activists
estimate that up to 145 civilians were killed by security forces and up to 20 civilians killed by armed groups in
the same period, it said. In responding to demonstrations that started in 2016, Indian security forces used

13 Report
titled: Situation of Human Rights in Kashmir: Developments in the Indian State of Jammu and Kashmir from June 2016
and April 2018
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excessive force that led to unlawful killings and a very high number of injuries, the report said. U.N. High
Commissioner for Human Rights Zeid Ra’ad Al Hussein called for maximum restraint and denounced the
lack of prosecutions of Indian forces in Jammu and Kashmir due to a 1990 law giving them what he called
virtual immunity.

Crimes committed by armed groups in Jammu and Kashmir range from kidnappings and killings of civilians
to sexual violence, the U.N. report said. India said it was disturbing that the U.N. report described
internationally-designated and U.N.-proscribed militant bodies as armed groups and militants as leaders, as it
undermined the U.N.-led consensus on zero tolerance of terrorism. Violations in Pakistan-administered
Kashmir are of a different caliber or magnitude, the U.N. report said, while decrying restrictions on freedoms
of expression and association. It was recommended that armed forces should put an end to pellets and should
resort to other methods of resistance that does not grievously injure the protestors.

EXODUS OF KASHMIRI PANDITS

It has been 30 years since the “exodus” from the Valley of its minority Hindu Kashmiri Pandit community.
The hotly contested circumstances of their departure between January and March 1990, the numbers, and the
issue of their return are an important side to the Kashmir story that has fed into the Hindu-Muslim polarisation
in India over the years, in turn fuelling the Hindu-Muslim chasm in the Valley.14 It has been said that the
Kashmiri Pandits have been living like ‘refugees in their own country’.

Sheikh Abdullah had died in 1982, and the leadership of the National Conference passed on to his son Farooq
Abdullah, who won the 1983 election. But within two years, it has been alleged that the Centre broke up with
the NC, and installed dissident Ghulam Mohammed Shah as Chief Minister. This apparently led to huge
disaffection and political instability. The Jammu & Kashmir Liberation Front (JKLF) stepped up its activities,
and the hanging of the militant leader Maqbool Bhat in 1984 added to the sense of foreboding. There were a
series of attacks on Hindu temples, and shops and properties of Kashmiri Pandits, which was blamed on
separatist and secessionists. Some survivors recall loudspeakers from the mosques asking Pandits to desert the
valley by leaving their women and children behind or consequences would follow. The warnings of a
genocide were looming large on the valley, and some commentators suggest that the then central and state
governments in its deep slumber ignored all the warnings and failed to act.

It has been said that around 150–300,000 Kashmiri Pandits have been internally displaced.15 However, this
figure is largely contested. January 19, 1990 is widely remembered by Kashmiri Hindus as the tragic “exodus
day” of being forcefully driven out of Kashmir and the first wave of exodus started on January 20 when the
Kashmiri Pandits started leaving Kashmir to other regions such as Jammu, New Delhi, Bengaluru and other
cosmopolitan cities.

14 Explained: The Kashmir Pandit tragedy

15 Jammu and Kashmir official portal

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THE RECENT DEVELOPMENTS

On 5 August 2019, the Parliament of India voted in favour of a resolution tabled by Home Minister Amit
Shah to revoke the temporary special status, or autonomy, granted under Article 370 of the Indian
Constitution to Jammu and Kashmir—a region administered by India as a state which consists of the larger
part of Kashmir which has been the subject of dispute among India, Pakistan, and China since 1947.
Among the Indian government actions accompanying the revocation was the cutting off of communication
lines in the Kashmir Valley restored after 5 months. Thousands of security forces were deployed to curb any
uprising. Several leading Kashmiri politicians were taken into custody, including the former chief minister.
Government officials described these restrictions as designed for pre-empting violence, and justified the
revocation for enabling people of the state to access government programmes such as reservation, right to
education, and right to information.

The reaction in the Kashmir Valley was effectively reduced to silence through the suspension of
communication and with the imposition of Curfew (Section 144). Many nationalists celebrated, declaring the
move to herald public order and prosperity in Kashmir. Among political parties in India, the revocation was
supported by the ruling Bhartiya Janata Party, and, among others, by the Bahujan Samaj Party, the Aam
Aadmi Party, AIADMK, Telugu Desam Party, YSR Congress Party, BJD, and the Shiv Sena. It was opposed
by the Indian National Congress, Jammu & Kashmir National Conference, Jammu and Kashmir Peoples
Democratic Party, Trinamool Congress, Janata Dal (United), and the DMK. In Ladakh, people in the Kargil
area, who are Shia Muslim and form the plurality of the population of Ladakh, protested; however, the
Buddhist community in Ladakh supported the decision.
The President of India issued an order under the power of Article 370, overriding the prevailing 1954
Presidential Order and nullifying all the provisions of autonomy granted to the state. The Home Minister
introduced a Reorganisation Bill in the Indian Parliament, seeking to divide the state into two union territories
to be governed by a lieutenant governor and a unicameral legislature. The resolution seeking the revocation of
the temporary special status under Article 370 and the bill for the state's reorganization was debated and
passed by the Rajya Sabha – India's upper house of parliament – on 5 August 2019. On 6 August, the Lok
Sabha – India's lower house of parliament – debated and passed the reorganization bill along with the
resolution recommending the revocation.

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Introduction to the Agenda

Agenda 2: Land Revenue Systems in British India

Land revenue was one of the major sources of income for Britishers in India. There were broadly three types
of land revenue policies in existence during the British rule in India. Before independence, there were three
major types of land tenure systems prevailing in the country:

1. The Zamindari System

2. The Mahalwari System
3. The Ryotwari System

The basic difference in these systems was regarding the mode of payment of land revenue.

The Zamindari System

The zamindari system was introduced by Lord Cornwallis in 1793 through Permanent Settlement that fixed
the land rights of the members in perpetuity without any provision for fixed rent or occupancy right for actual
cultivators. Under the Zamindari system, the land revenue was collected from the farmers by the
intermediaries known as Zamindars. The share of the government in the total land revenue collected by the
zamindars was kept at 10/11th, with the remainder going to zamindars. The system was most prevalent in
West Bengal, Bihar, Odisha, UP, Andhra Pradesh and Madhya Pradesh.

The Permanent Settlement Agreement

● According to the Permanent Land revenue settlement the Zamindars were recognised as the permanent
owners of the land.
● They were given instructions to pay 89% of the annual revenue to the state and were permitted to
enjoy 11% of the revenue as their share.
● The Zamindars were left independent in the internal affairs of their respective districts.
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Issues with the Zamindari System

● For the Cultivators:

In villages, the cultivators found the system oppressive and exploitative as the rent they paid to the
zamindar was very high while his right on the land was quite insecure.

○ The cultivators often had to take loans to pay the rents, and failing to pay the rent, they were
evicted from the land.

● For the Zamindars:

The revenue had been fixed so high that the zamindars found it difficult to pay, and those who failed
to pay the revenue lost their zamindari.

○ The zamindars were not so keen about improving the land. As long as they could give out the
land and get rent, they preferred it.

● For the Company:

By the first decade of the 19th century, the cultivation slowly expanded and prices rose in the market.

○ Although this meant an increase in the income of Zamindars, it was no gain for the company
since it could not increase a revenue demand that had been settled permanently.

The Ryotwari System

In the British territories in southern India, there was a move away from the idea of Permanent Settlement. A
system that came to be known as the Ryotwari System, was devised by Captain Alexander Read and Sir
Thomas Munro at the end of the 18th century and introduced by the latter when he was governor of Madras
Presidency (1819–26). Under the Ryotwari system, the land revenue was paid by the farmers directly to the
state. In this system, the Individual cultivator called Ryot had full rights regarding sale, transfer, and leasing
of the land. (The ryots could not be evicted from their land as long as they paid the rent.) It was prevalent in
most of southern India, first introduced in Tamil Nadu. It was later extended to Maharashtra, Berar, East

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Punjab, Coorg and Assam. The advantages of this system were the elimination of middlemen, who often
oppressed villagers.

Issues with the Ryotwari System

● This system gave much power to subordinate revenue officials, whose activities were inadequately
supervised.
● The system was dominated by the mahajans and moneylenders who granted loans to cultivators by
mortgaging their land.
● The moneylenders exploited the cultivators and evicted them from their land in case of loan default.

The Mahalwari System

By the early 19th century, the Company officials were convinced that the system of revenue had to be
changed again. The revenues cannot be fixed permanently at such a time when the Company needed more
money to meet its expenses of administration and trade. In 1822, Englishman Holt Mackenzie devised a new
system known as the Mahalwari System in the North Western Provinces of the Bengal Presidency (most of
this area is now in Uttar Pradesh). Under the Mahalwari system, the land revenue was collected from the
farmers by the village headmen on behalf of the whole village (and not the zamindar). The entire village was
converted into one bigger unit called ‘Mahal’ and was treated as one unit for the payment of land revenue.
The revenue under the Mahalwari system was to be revised periodically and not fixed permanently. The
system was popularized by Lord William Bentick in Agra and Awadh and was later extended to Madhya
Pradesh and Punjab.

Issue with the Mahalwari System

● A major drawback of the system was that the survey was practically based on faulty assumptions
which left a space for manipulations and corruption.
● At times, it made the Company spend more for the collection than the revenue collected.
Consequently, the system was regarded as a failure.

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Conclusion
● Optimistic officials had imagined that the new system would transform the Peasants into rich
enterprising farmers but this did not happen.
● Driven by the desire to increase the income from land, revenue officials fixed too high a revenue
demand that peasants were unable to pay.
○ Consequently, the Ryots fled the countryside and villages became deserted in many regions.

Some Other Systems

Talukdari System

The term ‘talukdar’ has different meanings in different parts of India. In Oudh, talukdar is a great landholder.
But in Bengal, a talukdar is next to zamindar in terms of land control and social status.

The big zamindars themselves had created many taluks under several denominations, such as, junglburi taluk,
mazkuri taluk, shikimi taluk, and so on. These were created partly as a strategy of zamindari management and
partly as a fiscal policy measure for raising zamindari funds for specific purposes.

After the Permanent Settlement, new varieties of taluks were created by zamindars. Under the pressure of the
Permanent Settlement, many zamindars were creating dependent taluks denominated as pattani taluk, noabad
taluk and osat taluk.

Malguzari System

The land tenure prevailing in the erstwhile Central Provinces was known as Malguzari system in which the
Malguzar was merely a revenue farmer under the Marathas. When the Marathas came into power in this
region, they farmed out the revenues of villages to persons of influence and wealth, who were called
Malguzari.

During the British Rule, they were given proprietary rights and were held responsible for payment of revenue.
If the headman of a village was weak or was for any other reason, unable to answer for the sum the authorities
expected, or if a court favourite wanted the village, the headman was replaced without hesitation by a farmer.
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The farmer, or manager was at first called Mukaddam (the Hindi or Marathi form of Arabic Muqaddam).

Under the Malguzari system, the Lambardar/Sadar Lambardar appointed from among the Malguzars, was the
revenue engager.

Other cultivators were either Absolute occupancy tenant, Occupancy tenant, Sub-tenant, Raiyat-Malik or
lessees, who could be ejected from their holdings on various grounds. Malguzar (proprietor or co-sharer) held
land under special description, namely, Sir land and Khudkasht land.

Land Ceiling in India

Since its independence in 1947, there have been central government and state government mediated land
reforms in several states with dual objectives of optimum use of land and ensuring the well-being of the
peasantry. The most notable and successful example of land reforms is in the states of West Bengal and
Kerala. Other than these state-sponsored attempts of reforming land ownership and control, there was
grassroots-level activism for land reforms by individuals, the most famous among them being the Bhoodan
movement of modern-day Maharashtra.

The Communist Party of India (Marxist) (CPI(M)) came to power in West Bengal in 1977, riding on the
promise of enacting land reforms. Keeping their word, the new government initiated gradual land reforms,
such as Operation Barga. The result was a more equitable distribution of land among the landless farmers and
an enumeration of landless farmers. This has ensured an almost lifelong loyalty from the farmers and the
communists were in power till the 2011 assembly election.

In Kerala, the only other large state where the CPI(M) came to power, the state carried out some of the most
extensive land, tenancy and agrarian labour wage reforms in the country as well as that of the non-socialist
late-industrializing world.

In a nutshell, land reforms have been successful only in pockets of the country, as people have often found
loopholes in the laws that set limits on the maximum area of land that is allowed to be held by anyone.

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Objectives of land reforms:

● Redistribution of land across society so that land is not held in the hands of a few people.
● Land ceiling to disburse surplus land amongst small and marginal farmers.
● Removal of rural poverty.
● Abolition of intermediaries.
● Tenancy reforms.
● Increasing agricultural productivity.
● Consolidation of land holdings and prevention of land fragmentation.
● Developing cooperative farming.
● To ensure social equality through economic parity.
● Tribal protection by ensuring their traditional land is not taken over by outsiders.
● Land reforms were also for non-agricultural purposes like development and manufacturing.

Out of these the major objectives post-independence was abolition of intermediaries, regulation of tenancy,
land ceiling, consolidation of fragmented holdings.

In India, the abolition of intermediaries who existed under the various British systems has largely been
successful. The other objectives have yielded mixed results and vary across states and overtime periods. Land
reforms come under the State List and so, the success of land reforms varies from state to state. The most
comprehensive and successful reforms took place in the communist strongholds of Kerala and West Bengal.
Andhra Pradesh, Madhya Pradesh and Bihar saw inter-community clashes as a result of land reforms.

India has seen four ‘experiments’ since independence to redistribute the landholdings. They are:

1. Reforms from ‘above’, i.e., through legislation.

2. Reforms from above from the government coupled with peasant mobilization; like in Kerala and West
Bengal where land was seized and redistributed; and also, to improve the conditions of peasants.
3. Naxalite movement and also the ‘land grab’ movement.
4. Reforms from ‘below’ through voluntary donations by landlords and peaceful processions by farmers
like the Bhoodan movement and the Gram Dan.

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Land Reforms post Independent India

In order to attain carry out the reforms, the following actions were undertaken by the Indian government:

Abolition of intermediaries: One of the many aims of the land reforms was in eliminating middlemen entities
such as the Zamindars and Jaghirdars in order to bring the cultivator into a direct relationship with the
government.

Regulating Tenancy: The congress Agrarian Reforms Committee very strongly felt that there was a direct
relationship between the welfare of the Indian peasantry and the progress of agriculture in India. To a large
extent that relation relied on to what extent the peasantry felt secure about the source of its livelihood and
whether the tenure system provided incentives and opportunity for local development.

A ceiling on landholdings: In all other states, the level of the ceiling was fixed to take account of different
classes of land. For example, the ceiling ranged all the way from 27-134 acres in Andhra, 20-80 acres in
Orissa, 19-132 acres in Gujarat, 18-126 acres in Maharashtra. In others, it was fixed in terms of standard
acres, a standard acre being equal to a certain number of ordinary acres laid down in the Act passed in each
state.

Thus, the ceiling was fixed at 30 standard acres in Punjab, Rajasthan, Delhi and Madras; 25 standard acres in
Madhya Pradesh and 27 standard acres in Mysore. In U.P, the ceiling was imposed on 40 acres of ‘fair-
quality’ land.

Consolidation of landholdings: The consolidation of fragmented holdings was regarded as ‘part and parcel’ of
the agricultural production programme. Legislation for compulsory consolidation of holdings was enacted in
Bombay in 1947, in Punjab in 1948, in Pepsu and Saurashtra in 1951 and in U.P. in 1953. Similar provisions

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were made in other provinces except for Kerala and Madras. By 1964-65, a total area of 55 million acres was
consolidated.

Encouragement of cooperative joint farming: Cooperative farming did not receive any attention before the
planning period although the congress Agrarian Reforms Committee had recommended cooperative farming
for holdings below the ‘basic’ holding. The Progress was rather meagre. Up to 1965-66, a total of 7294
cooperative farming societies having a membership of 1.88 lakhs had been formed and these covered an area
of 3.93 lakh hectares.

However, many of these societies were defunct and some existed only on paper for the sake of obtaining state
grants though their land was cultivated in the old way. It also did not help that some of the old owners had left
for new nations born following the partition of India, making the redistribution of land a difficult affair.

Abolition of bonded/forced labour: Another significant development since 1947 was the virtual disappearance
of forced labour. At the turn of the century, the vast majority of agricultural laborers were men who were held
in bondage due to debt or other forms of forced servitude.

However, since independence, the force of hired laborers in Indian agriculture, by and large, was made up of
free men. This was a change of great significance which was likely to have far-reaching repercussions in the
future.

Land Reforms Attempts in Recent Years

Digital India Land Records Modernization Programme (DILRMP) 2008

Digitization of land records was introduced to computerize all land records including mutations, improve
transparency in the land records maintenance system, digitize maps and survey, update all settlement records

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and minimize the scope of land disputes. The main aim of the programme was to computerize all land records,
digitize maps, upgrade the survey and settlement records and sustain the same. This would provide clear titles
of land ownership that could be monitored easily by government officials, facilitate quicker transactions, and
reduce disputes. Most importantly it would reduce construction timelines and overall cost for the developer,
the benefits of which can be transferred to consumers making property prices more attractive.

Land acquisition, rehabilitation and resettlement Act 2013

Key features of the Act:

● Compensation payment in rural areas up to 4 times the market value, whereas, for urban areas up to 2
times. Compensation will be provided to those who are dependent on the land for their livelihood.
● To address the historical injustice, the Bill applies to cases where no land acquisition award has been
made.
● Without the consent of the Gram Sabhas no land can be acquired in the scheduled areas.
● One should not be dispossessed of the land till all the payments are made and alternative sites have
been made available.
● In some cases, where PPP (public-private partnership) projects are involved or private companies are
taking acquisition, the Bill requires the consent of not less than 70 per cent and 80 per cent,
respectively (in both cases) of those whose land is sought to be acquired.
● The Act requires that a Social Impact Assessment (SIA) be conducted to identify affected families and
calculate the social impact when land is acquired.
● To safeguard food security and to prevent arbitrary acquisition, the Bill directs states to impose limits
on the area under agricultural cultivation that can be acquired.
● If the land remains un-utilised after acquisition, the new Bill empowers states to return the land either
to the owner or to the State Land Bank.
● No income tax shall be levied and no stamp duty shall be charged on any amount that accrues to an
individual as a result of the provisions of the new law.
● Where acquired land is sold to a third party for a higher price within three years of acquisition, then 40
percent of the appreciated land value (or profit) will be shared with the original owners.
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● In every project those losing land and belonging to the SC or the ST, will be provided land equivalent
to land acquired or two and a one-half acre, whichever is lower (this is higher than in the case of non-
SC/ST affected families). Where the affected families belonging to the SC and the ST are relocated
outside of the district, then they shall be paid an additional 25% rehabilitation and resettlement
benefits to which they are entitled in monetary terms along with a one-time entitlement of fifty
thousand rupees.

9th Schedule of The Indian Constitution

The first amendment to the Indian Constitution added the Ninth Schedule to it. It was introduced by the Nehru
Government, on 10 May 1951 to address judicial decisions and pronouncements especially about the chapter
on fundamental rights. Nehru was also very clear on the purpose behind the first amendment. The state
wanted to pursue nationalization, take away lands from the zamindars, re-distribute them, and make special
provisions for the socially and economically backward.

Despite having architected the Constitution, Nehru was not confident that the laws made to pursue these
special interests of the state would stand up to judicial scrutiny on account of being discriminatory.

The First Amendment that brought in Articles 31A and 31B conferring upon the state the right to make laws
to acquire private property and to deem such laws as not being discriminatory and to further protect all such
laws from any judicial review by creating something called the Ninth Schedule. It is interesting to note that
the origins of the Ninth Schedule lie in land acquisition by the state, given the current political debate on
SEZs and Singur, Nandigram.

Since the First Amendment, the Ninth Schedule has been relied upon to amend the constitution multiple times
over. The 4th amendment inserted six acts to the 9th schedule. The 17th amendment added 44 more acts. The

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29th amendment brought in 2 acts from Kerala. The 34th amendment in 1974 added 20 more land tenure and
land reforms laws enacted by the states.

In 1975, Indira Gandhi’s infamous abuse of executive power leading up to emergency saw the 39th
amendment adding certain central enactments. 1976 saw the 40th amendment even more to the 9th schedule.
The 47th amendment in 1984 added more, and then in 1990 the 66th amendment gave more protection to land
ceiling acts.

The 76th amendment to accommodate Tamil Nadu Government’s legislation to provide for reservations to the
level of 69 percent for SC/ST and OBCs followed. What takes the cake however is the 78th amendment,
which was about not just immunity to laws in 9th schedule, which was suspect, but amendments to those laws
and making those amendments immune. Since then, there were absurd laws from Sugarcane supporting price
to the New Delhi Urban Zoning Laws all clamouring for an exalted spot in the much abused Ninth Schedule.

Article 31A and 31 B

While Article 31A extends protection to ‘classes’ of laws, A. 31B shields specific laws or enactments.

Article 31B also has retrospective operation: meaning if laws are inserted in the Ninth Schedule after they are
declared unconstitutional, they are considered to have been in the Schedule since their commencement, and
thus valid.

Although Article 31B excludes judicial review, the apex court has said in the past that even laws under the
Ninth Schedule would be open to scrutiny if they violated fundamental rights or the basic structure of the
Constitution.

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SC judgment related to Ninth Schedule

In a landmark ruling on 11 January 2007, the Supreme Court of India ruled that all laws (including those in
the Ninth Schedule) would be open to Judicial Review if they violated the basic structure of the constitution.
Chief Justice of India, Yogesh Kumar Sabharwal noted, “If laws put in the Ninth Schedule abridge or
abrogate fundamental rights resulting in violation of the basic structure of the constitution, such laws need to
be invalidated.”

The Supreme Court judgment laid that the laws placed under Ninth Schedule after April 24, 1973 shall be
open to challenge in court if they violated fundamental rights guaranteed under Article 14, 19, 20 and 21 of
the Constitution.

Impact of the Judgment

The Judgment ended the controversy behind the Ninth Schedule largely and was successful to put a bar on
political intentions of keeping certain sensitive issues out of the reach of Judicial Review for narrow political
gains. The landmark judgment was successful in strengthening the democratic base of the society and
bringing into the realm of justice, unfair acts of misuse of the provision of the ninth schedule in the
Constitution.

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