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An Innovation Born in Madras
August 22, 2025
|The New Indian Express
The city once called Madras evokes memories of its stately monuments, soulful music and the lingering glow of Marina sunsets.
Yet on this Madras Day, it is worth recalling a story less often told—how a Madras lawyer's idea travelled to Delhi, rewired the Constitution, and still shapes some of the fiercest debates between the legislature and the judiciary.
In the early years after independence, few issues burned hotter than the demand to dismantle the zamindari system. Born of colonial land settlements, it left a small class of intermediaries holding vast tracts, while millions of cultivators tilled without ownership. The Congress had long promised its abolition, and state governments moved quickly to enact sweeping reform laws. These aimed not just to redistribute land but to reorder rural power structures, clearing the ground for a more egalitarian society.
The backlash was immediate. Zamindars and intermediaries challenged the reforms, and the courts—bound to interpret and apply constitutional provisions as they stood—arguably proved sympathetic. The Patna High Court, for instance, struck down the Bihar Land Reforms Act, 1950, holding it inconsistent with the right to property under what were then Articles 19(1)(f) and 31 of the Constitution (Kameshwar Singh, 1951).
This was no ordinary constitutional tussle. Land reform was a political promise with immense social stakes. Without it, economic inequality and feudal control would persist. But the rulings revealed a deep cleavage in the constitutional order—between the promise of individual rights on one side and the democratic mandate to dismantle centuries-old hierarchies on the other.
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