Land reforms law and social mores

Abstract

This is a study on the change brought in by law in the social and economic mores of the people vis-a-vis the ups and down of land relations during more than a century in the past. The study is confined to the changes that happened in Kerala. Obiviously, the changes in the land tenure system were to be dealt with in a historical perspective and in the light of the legislative reforms and judicial pronouncements. The following is the chapter by chapter classification of this study. newlineThe orginal provision in the Constitution of India to protect property as a fundamental right was not absolute as it could be restricted by land reforms. Legislation on land reforms were excluded from the purview of judicial review. This was so because such legislation would aim at protection of the weak and landless people and in many cases hit hard at the wealthy and the rich The legislation should not have been invalidated on this ground of infringing right to property. However, the judiciary still found their way in annulling land reforms legislation in more occasions than one. This attitude of the courts necessitated constitutional amendments affording protection to the land reforms laws. The rise and fall in land reforms in the wake of judicial interpretations of the constitutional provisions as they stood orginally and as they were subsequently amended are discussed in Chapter I which is also contained a few introductory remarks. newline