Why in the News?

India’s land governance system is a tangled web of laws that have significantly impeded the nation’s economic and social progress for many years.

What are the limitations of digitisation in land law reform?

Failure to Address Legal Complexities: Digitisation alone does not resolve the underlying conflicts in land laws, such as unclear titles, insecure tenure, and legal ambiguities around land ownership and transfers.
Outdated Records: Even digitised land records may remain outdated or inaccurate, undermining the reliability of property titles and failing to improve access to formal credit.
Ineffectiveness in Fragmented Land Markets: Digitisation does not solve the issue of land fragmentation, which reduces agricultural productivity and hampers investment.
Limited Impact on Tenancy and Leasing Laws: Digitisation does not address restrictions on land leasing or tenancy, leaving land markets inefficient and informal.
Overreliance on Administrative Procedures: The complexities of legal and administrative frameworks still hinder land ownership, transfers, and use, despite digitisation efforts.
Political Exemptions from Judicial Review: The exclusion of land laws from judicial scrutiny through the Ninth Schedule limits accountability and the ability to challenge unjust political or administrative actions.

Political Resistance: Local and state-level political interests may resist changes to land laws that could undermine entrenched power structures or vested interests, impeding the effectiveness of digitisation efforts.
Rent-Seeking Behavior: Complex land laws and administrative procedures encourage rent-seeking, making digitisation ineffective without legal reforms that simplify regulations.
Cultural Norms and Gender Disparities: Socio-political dynamics, especially regarding gender and caste, influence land ownership patterns, limiting the impact of digitisation in addressing social inequalities.
State Variability: Differences in state capacity, resources, and political will lead to uneven adoption and success of digitisation efforts across India.
Lack of Integration in Subsidy Targeting: Social and political factors, such as inefficient targeting of subsidies (e.g., fertiliser subsidies not linked to land records), limit the impact of digitisation on equitable resource distribution.
Exclusion from Judicial Review: The Ninth Schedule’s protection of land laws from judicial review allows political decisions to go unchallenged, reducing the long-term effectiveness of digitisation reforms.

Comprehensive Legal Reforms: Overhaul conflicting land laws to ensure clarity, secure property titles, and strengthen property rights.
Tenancy and Leasing Reforms: Modernise and liberalise tenancy laws to formalise leasing arrangements and reduce the risk of expropriation.
Land Use Flexibility: Reforms allowing easier conversion of land use between agricultural, industrial, and residential sectors to ensure optimal land utilisation.
Land Consolidation Policies: Facilitate land consolidation to improve agricultural productivity and attract investment by reducing fragmentation.
Gender Equality in Land Ownership: Strengthen laws ensuring equal land and property rights for women, addressing gender-based inequalities in land ownership.
Judicial Oversight: Allow land laws to be subject to judicial review, ensuring fairness and protecting against arbitrary political and administrative decisions.