Rule Of Law In The Land Acquisition Domain: A Study Of Evolution Of Land Acquisition Laws In Post-Independence India
- IJLLR Journal
- 4 hours ago
- 2 min read
Swati Singh, LLM, The West Bengal National University of Juridical Sciences, Kolkata.
ABSTRACT
The principle of rule of law envisages the supremacy of the law and how all individuals are equal in the eyes of law. On the other hand, the sphere of land acquisition is based on the principle of eminent domain wherein the principles of welfare state come in play and the State is empowered to take all necessary measures to ensure the greater welfare of the society. The question therefore often comes up that whether the doctrine of eminent domain is actual against the principles of rule of law or in line with it as the eminent domain doctrine is often accused of giving the State unbridled power in contrary to the limits imposed by the rule of law.
In India, since the very framing of the constitution, there has been debates regarding the manner in which the State used the powers under the doctrine of eminent domain doctrine. Moreover, there has been a kind of cold war between the executive which kept on coming with amendments after amendments to nullify the decision of the courts and restrict its powers and the courts on other hand which kept holding the acts of the government in the land acquisition domain to be arbitrary.
This paper thus seeks the analyze meaning and ambit of the rule of law and the doctrine of eminent domain and the interconnection between them, evolution and the constitutional safeguards in the land acquisition domain and the role of judiciary as the protector of the rule of law in its continuous tussle with the Government. Thereby, the paper seeks to critically analyze the evolution of land acquisition laws in Indi from rule of law lens. Lastly, the 2013 land acquisition law has been analyzed in detail in light of the lessons learnt throughout the evolution and suggestions and way forward have been suggested thereupon.
