Land Acquisition Act 1894

This act which was enacted in 1894 is one of the remnants of the colonial legacy on independent India. Sure there have been amendments to the act but the character of the act still remains the same.

For those of us who are not aware of the exact contents of the act, I wish to briefly explain the act as I would to a layman. The act has various sections and without going deep into each section, I will try and simplify by going step wise.

The act is basically meant to acquire land for public purposes and for companies.

Step I

• appropriate govt makes a preliminary notification that land is required for public purpose or a company. This notice made under section 4(1) has to be published in official gazette and in two local news papers atleast one of them being in local language.

• Primary survey is then done to ascertain the suitability of land.

• Any interested party, meaning owner of land can within 30 days of publication of notice u/s 4(1) submit his objections to the collector who hears the objections and after making necessary enquiry submit his recommendations and report to the govt.

Step II

• The govt after considering the report of collector, the govt issues a declaration u/s 6(1) that the said land is required for public purpose or for a company. This declaration has to be made within one year of the notification u/s 4(1). This declaration is then published in official gazette and two local news papers.

• After this the collector initiates further action like measurement etc.

Step III

• Once this is done, collector acting under section 9 directs through a public notice that any claims for compensation of the land be made to him.

• These claims are heard and then collector gives his award for compensation u/s 11.

• award has to be made within 2 years from date of declaration u/s 6.

Step IV

• The collector can take possession of the land after the order is made.

Step V

• On making the award u/s 11, the collector then makes payment of the compensation awarded by him.

• In case amount is not paid or deposited in court as the case be before taking possession of the land, the collector has to pay an interest @9% per annum for the first year and @15%per annum subsequently.

• Any body who is not acceptable to the amount of compensation can through the collector appeal to the district court. The court can only decide on the amount of compensation and not any thing else. The court can also not decrease the compensation awarded by the collector.

• In addition to the above compensation courts should award a sum of 30% on the market value ascertained by it. Further courts shall also award a sum of 12% of market value for the intervening period from date of notification u/s 4 to the date of actual taking possession of land/or date of award whichever is earlier.

Now, some interesting issues in this act that are being pointed out by activists against the act are provided below.

• • • The act says compensation is payable only to interested parties which means the person has is interested in an easement affecting the land. This means that the agricultural labourers who are also dependant on the land but have no rights cannot be compensated.
    • assumes that money is an adequate means of compensation.
    • There is no standard and well defined process of fixing compensation.
    • In case where local bodies are the interested parties, they do not even have the right to go to court. They simply have to surrender and can only represent regarding compensation to the collector.
    • Under urgency provisions u/s 17, collector can do away with most of the above procedures and take possession of land. But what constitutes urgency or essential requirement has nowhere been defined.
    • 45 discusses how notice should be served. In case notice cannot be served on the person named, it has to be served on any other male member of the family. It is not lawful to serve the notice to a female member of the family.
    • How can govt acquire forcibly land and hand over to a company whose sole interest is making profit.
    • The rules and norms of market are not followed. Normally in market, land is traded for an amount mutually agreed to after negotiations.
    • entire process is very slow and due to inordinate delays causes great hardships to the people involved.
    • Compensation is not immediately paid to the evicted people resulting in great hardship to them.

However it is equally true that sometimes house owners claim astronomical amounts as compensation while refusing to pay betterment charges.

Ashoka Chakra

Ashoka Chakra - The Tale Of Twenty Four Spokes

The Ashoka Chakra means the 'wheel of the law'. It is derived from the Sanskrit word Dharma Chakra, which means wheel. It has 24 spokes.

The most prominent Indian Mauryan emperor, called Ashoka the Great, built the Ashoka Chakra during the 3rd century BC. The Ashoka Chakra is inscribed widely among the Lion Capital of Sarnath and the Ashoka Pillar. The Ashoka Chakra is placed in the center of the National Flag of the Republic of India. It was adopted on 22 July, 1947. It is rendered in a navy blue colour on a white background. In order to add historical 'depth' and separate the National Flag from that of the Indian National Congress (INC) Gandhian spinning wheel is replaced with the Spokes of Ashoka Chakra in the center of the Flag.

Ashoka Chakra can also be seen on the base of Lion Capital of Ashoka which has been adopted as the National Emblem of India. The Chakra signifies that there is a life in 'Movement' and 'Death' in stagnation. The process of the wheel stands for cycle or the self repeating process with the changing of time in our life. The Horse on the Right hand symbolizing accuracy and speed. The Bull on the Left hand stands for hard work.

Wonderful Qualities of Twenty Four Spokes:
1. Love
2.Courage
3.Patience
4.Peacefulness
5.Magnanimity
6.Goodness
7.Faithfulness
8.Gentleness
9.Selflessness
10.Self-control
11.Self sacrifice
12.Truthfulness
13.Righteousness
14.Justice
15.Mercy
16.Gracefulness
17.Humility
18.Empathy
19.Sympathy
20.Spiritual knowledge
21.Moral Values
22.Spiritual Wisdom
23.The fear of God
24.Faith or Believe or Hope

Ashoka Chakra represent the 24 Hours of the nation. Thus it governs all.

Notes on Fundamental Rights

Fundamental Rights
Part III of the Indian Constitution( A 12-35) deals with the FR granted to individuals.
Originally seven groups of rights. But now 44th Amendment ‘Right to property’ deleted.
1) Right to equality and liberty : Art (14-18)
14: Equality before law
15: Prohibition of discrimination
16: Equality of opportunity
17: Abolishes practices of untouchability
18: Prohibits state from confirming any title

2) Right to Freedom. (19-22)
-Freedom of speech and expression
-Freedom of Assembly
-Freedom to form associations
-Freedom to move freely throughout India
-Freedom to reside and settle in any part of the country
-Freedom to practice any profession

3) Right against Exploitation (23-24)
Art 23: Prohibits traffic against human beings and beggar
Art 24: Prohibits employment of children below 14 years of age in factories mines etc.

4) Right of Freedom of Religion (25-28)

5) Right for Culture and Education (Article 29-30)

6) Right to Constitutional Remedies(Article 32)

• Dr Ambedkar call article 32 as “the very soul of the constitution and the very heart of it”.

• In Golaknath case in 1967, the SC ruled that parliament has no power to amend any of the provisions of part III so as to take away or abridge fundamental rights as guaranteed by the constitution.

• In Keshawnand Bharti case, the SC ruled that parliament has power to amend, but it can not destroy the basic structure of the constitution.

• In T.K,Rangarajan Vs Govt of TN and others, SC observed that govt employees including doctors working in state run hospitals and dispensaries have no “fundamental, legal, moral or equitable right to go on strike even for a just cause".

Distinction between Fundamental Rights and Directive Principles

*Fundamental Rights are justifiable while Directive Principles are not.

* Fundamental Rights are negative and Directive Principles are positive.

* Fundamental Rights responsible for political democracy while Directive Principles are for establishment of economical and welfare state.

* If there is discrepancy between Fundamental Rights and Directive Principles then Fundamental Rights will prevail.

The Writs:
Habeas Corpus: “To have a body”- An order calling a person who has detained another to produce the letter before the court to let it know, on what ground he has been confirmed.

Prohibition : It is issued by SC or HC to a inferior court forbidding jurisdiction or to usurp a jurisdiction with which it is not legally vested.

Mandamus: ”We command” : Commands the person to whom it is addressed to perform some public or quasilegal duty which he has refused to perform.

Certiorary: It is issued to a lower court after a case has been decided by it, quashing the decision or order.
Qua-Wananto: It is a proceeding by which the court enquires into the legality of the claim which a party asserts to a public office.

Indian Polity - V

• At the time of independence, there were 9 British provinces and 542 princly states
• V.B. Patel is known as "Bismark of India" because of the integration of princly states.
• On the linguistic basis, AP was the first state independent India.
• Acquisition of Citizenship:

a. by birth: Those born in Indian on or after Jan 26 1950 before June 30 1987. After July 1, 1987, if either of the parents were citizens of India at the time of birth. ( to control refugees coming from Bangladesh etc.)

b. by descent: Person born outside India on or after Jan 26, 1950 shall be a citizen of Indian if his father is a citizen of India at the time of person's birth. ( the above two categories are natural citizens)

c. By registration: 1. If he is of Indian origin and has been resident in India for five years.

d. By Naturalisation: A foreigner: By taking an oath of Allegiance to the constitution of India.

e. By incorporation of territory.

Termination

1. Renunciation: If he voluntary renounces

2. Termination: If he acquires citizenship of other country.

3. Deprivation: By an act of Government of India

Indian Polity - IV

Sources of Indian Constitution:

Fundamental rights : USA
Supreme Court: USA
Vice President: USA
Parliamentary System: UK
Federal System: Canada
Emergency: Germany and Government of Indian Act 1935
Directive Principles of State Policy: Irish Constitution
Fundamental Duties: Soviet Union
Republic: France
Concurrent List: Australia
Amendment Process: South Africa
Due process of law under article 21: Japan

Different Committees of the constitution:

1. Union power committee: JL Nehru
2. Union Constitution Committee: JL Nehru
3. Fundamenatal rights and Minority Committee: VJ Patel
4. Provincial Constitution Committee: VJ Patel
5. Drafting Committee: BR Ambedkar
6. Flag Committee: JB Kriplani

Territory of the union (part-1)
- Article 1 says that, India, that is Bharat, shall be a union of states.

Indian Polity - III

• The words "socialist", "secular" and "integrity" were introduced in the 42nd Amendment act.
• In Beruberi's Case SC held that preamle is not a part of the constitution
• But in Kesavananda Bharti V. State of Kerala Case, the SC rejected the above view and held that preamble is a part of the constitution
• In Excel Wear V. Union of India, the SC held that "socialist" word in preamble is to provide a decent standard of life to the working people and especially provide security from cradle to grave.
• In Minerva Mills Case, the importance of premble is realised. Chief Justice observed: " the edifice of our constitution falls upon the concepts crystallised in the preamble".
• Members of the drafting Committee: Dr. B. R. Ambedakar (Chairman), Alladi Krishna Swami Ayyar, K.M. Munshi, N. G. S. Ayangar, Md. Sadullah, N. Madhav Rao ( in place of B. L. Mitra), DP Khetan ( T. Krishnamachari after Khetan Death)

Indian Polity - II

- Indian constitution establishes a parliamentary form of government of India
- The Indian constitution is structured on Government of India Act 1935
- The Fundamental rights embodied are based on Bill of Rights of the US constitution.
- The Directive Principles of State Policy in Part IV of the constitution are derived from the constitution of Ireland
- Parliamentary form of Government is modeled on the constitution of Great Britain.
- The Preamble is the preface to the constitution
- The preamble says “We the people of India, having decided to make this country as sovereign, socialist, secular, democratic republic and to secure to all its citizens: justice, social, economic and political. Liberty of thought, expression, belief, faith and worship, equality of status and opportunity: and to promote among them all; fraternity assuring the dignity of the individual and the unity and integrity of the nation. In our constitution assembly this twenty sixth day of November 1949, we do hereby adopt, enact and give to ourselves this constitution.

Indian Polity - I

Salient Features of the Indian Constitution:

- Indian constitution is the lengthiest and most detailed of all constitutions in the world
- originally consisted of 395 articles divided into 22 parts and 9 schedules
- There are 6 fundamental rights in the constitution.
- India is a secular state (means state has no religion on its own)- Articles 25 t0 28 give shape to this secularism.
- It provides for a single citizenship for the whole of India. There is no state citizenship
- The preamble of the constitution declares India to be a Sovereign, Socialist, Secular, Democratic Republic.

Soverign: Country is not dependent upon any outside authority.
Socialist: Ownership ofthe means of production and distribution by the state- inserted by 42nd amendment act.
Democratic: It has a government which gets its authority from the will of the people.
Republic: India does not have a hereditary monarch.

- Indian democracy is based on adult suffrage. In other words, any person who is not less than 18 years of age, who is otherwise eligible has a right to vote without any discrimination on sex, property or texation.