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land law research paper india

Policy Briefs & Reports

Land acquisition in india: a review of supreme court cases (1950-2016), namita wahi, ankit bhatia, pallav shukla dhruva gandhi, shubham jain, upasana chauhan.

Centre for Policy Research

February 27, 2017

India faces serious challenges in creating development processes that generate economic growth while being socially inclusive, ecologically sustainable, politically feasible, and in accordance with the Rule of Law. Equitable and efficient acquisition of land by the state for economic development projects, including infrastructure and industry, lies at the heart of these challenges.

Simultaneously, securing constitutionally guaranteed land rights to the poorest and most vulnerable communities in India against the state and other dominant communities, has been considered crucial to their economic and social empowerment. Land is not only an important economic resource and source of livelihoods, it is also central to community identity, history and culture. Unsurprisingly then, throughout India, dispute over state acquisition of land that deprives people of their land rights spans various dimensions of economic, social, and political life.

How do we mitigate this conflict?

The CPR Land Rights Initiative report on ‘Land Acquisition in India: A Review of Supreme Court cases from 1950-2016’, offers some preliminary answers to this question. Not only is this report the first comprehensive country-wide study of land acquisition disputes since India’s independence, but also for the first time ever analyses these disputes along various metrics, such as i) public purpose, ii) procedure for acquisition, iii) compensation, iv) invocation of the urgency clause, v) pendency of claims, and vi) tracks trends with respect to distribution of disputes across geography and time, and central and state laws. The Report also analyses litigation under the newly enacted Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (LARR Act) for the three year period, 2014 to 2016.

A detailed presentation of the findings from the report can be accessed here.

Key findings:

Reasons for inequity between state and land losers: The Report concludes that the political and social contestation over land acquisition stems from the inherently coercive nature of the land acquisition process, which creates a severe imbalance of power between the state and land losers. While much of this imbalance was created by the text of the Land Acquisition Act, 1894, a considerable part of it could also be attributed to executive non-compliance with the rule of law. The result is a situation of great inequity for the land losers. Legal reform under the LARR Act should be implemented by government, not subverted to redress these inequities: The Report finds that specific provisions of the LARR Act are steps in the right direction to redress the imbalance of power that was built into the Land Acquisition Act, 1894 in so far as: i) they empower livelihood losers along with title-holders to bring claims for compensation and rehabilitation, ii) bring compensation requirements in accordance with existing reality, and iii) introduce requirements of consent and social impact assessment. The Report shows that litigation helps channelise political contestation of state action into legal as opposed to extra legal disputes. Therefore, by empowering hitherto disempowered land losers to bring claims under the LARR Act, the Act will help preempt extra-legal conflict. Since conflict inevitably stalls or derails legitimate development projects, it is in the interest of the government to comply with, and not subvert the LARR Act. Legal reforms must be supplemented by administrative and bureaucratic reforms: The Report highlights that legal reform is a necessary but not a sufficient precondition for ensuring greater equity and efficiency within the land acquisition process. In the absence of administrative and bureaucratic reforms, the introduction of the LARR Act will not succeed in eliminating inequities and inefficiencies embedded within the implementation of existing land acquisition procedures. In fact, the increase in procedural requirements under the LARR Act implies an even greater need for securing executive compliance with the rule of law, in order to translate the equities intended by these additional procedures into reality for land losers. Types of administrative reforms required: Such administrative reforms include building of state capacity to meaningfully comply with the increased procedural requirements stipulated by the LARR Act, and designing institutional structures that incentivise such compliance with the rule of law. This, in turn, requires a serious mind-set shift within the government toward accepting the reform enshrined in the LARR Act, and not subverting it as we have seen in both the LARR Ordinance, and the state amendments to the LARR Act, as also the rules adopted to implement the LARR Act in the states.

land law research paper india

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The constitutionality of compulsory land acquisition in vietnam: issues and recommendations.

Abstract This article identifies and analyzes the theoretical, constitutional, and practical bases for governmental land acquisition in Vietnam from a comparative perspective. The authors contrast political ideologies of private ownership and public interests to elucidate the grounds for compulsory acquisition of property for public uses. By reviewing constitutional provisions on compulsory land acquisition in several countries (Singapore, Korea, Australia, India, and the United States), and exploring Vietnam’s constitutional provisions on land acquisition for national defense, security and socio-economic development, this article analyzes some key themes of purposes, procedure, and compensation. The paper then suggests specific changes to Vietnam’s Land Law to increase transparency and to provide more legal safeguards for private users of property when government entities recover privately-used land for public purposes.

Teaching Land Law: Controversy and Land Policy in Hungary from 1948 to 1968

Topic of the study. During the harsh Stalinization from 1948 agriculture had to be collectivized while land was not nationalized by decree as the Bolsheviks did in Russia in 1917. The Soviet legal system was a pattern for jurists but the differences made the transition to “socialism” more rugged and controversial. The legal scholars had to interpret a situation which had to develop further to full “socialization”. In order to do that, a “cooperative law” and a “land law” had to be created and taught as part of “agricultural law”. Research questions and methods. Land law consisted of regulations regarding private farmers and collective agricultural producers (cooperatives, state farms etc.), theoretically in the whole research period. How did the agrarian, cooperative and land policy affect legal theory on land tenure system? What kind of scientific dispute emerged on this matter and how did the attempts of codification of land law affect legal education? Various types of sources were evaluated, for instance protocols of council meetings of the faculty of law of two universities, archival sources, articles and studies from authors who taught land law and took part in its debate and codification. Results and conclusions. Law was used as a tool to boost transformation, and the lawmakers and jurists faced a paradox situation in which there was a need of codification of land law and to make it independent from other branches of law. On the one hand, jurists argued like Gyula Eörsi and Miklós Világhy that civil law had primatus in the legal system and property relations had to be included in that part of legislation during the “transition period”. On the other hand, many jurists, for instance Iván Földes, Imre Seres claimed that cooperative law or/and land law were separated branches of law despite the fact that mass collectivization was not completed until the spring of 1961.

Unlocking Land Law

Legal certainty in providing certificate of land rights from the ministry of justice based on law number 13, 2017.

The complexity of the issue of structuring land law after the independence of Timor Leste 20 years. The rise of community demands regarding land ownership rights is closely related to the principle of independence which cannot be separated from property rights, contract rights and freedom. Land rights are a separate issue for the RDTL state where there is dual ownership of certificates from the Portuguese colonial era and the Indonesian occupation of Timor Leste.This study aims to conduct a theoretical analysis of the authority of the ministry of justice in providing land rights certificates in accordance with applicable laws. this study adopts normative assumptions to indicate a critical problem in the ministry of justice which includes several literature reviews. As the final conclusion of this research, based on theoretical assumptions, it is explained thatOwnership of land and buildings must guarantee legal certainty and legal protection, legal certainty and legal protection regarding land that is property rights from a juridical point of view of the subjects land status, and from a physical point of view in the form of the location, boundaries and area of ​​land which are regulated based on statutory regulations. InvitationOn the basis of the dual ownership of land titles, the RDTL government has attempted to establish various land law instruments to regulate citizens rights to land. However, this still raises various problems, including: juridical problems, sociological problems, historical problems and politicalproblems. So that the writing of this article can also provide clarity on land law in the country of Timor Leste.

The Politics of Land Law: Poverty and Land Legislation in Bangladesh

<p>This thesis examines the major colonial and post-colonial land laws of Bangladesh and their relationship with poverty. It interprets them in the light of historical developments and social realities. The thesis argues that land laws in Bangladesh are essentially anti-poor. They contribute to the perpetuation of poverty.  At present, two-thirds of the poor in Bangladesh are land-related poor. The land system that prevailed in colonial Bengal during the British period deprived the peasants of their land rights. This situation demanded a radical land reform based on a distributive approach upon decolonisation in 1947. Unfortunately, in the post-colonial political and legal settings of Bangladesh, land distribution has been unequal. Such inequality coupled with a weak land tenure system and fragile institutional reform created widespread poverty.  The Bangladeshi land laws are complex and vague and dominated by politics. Its land law regime has structural loopholes and ideological drawbacks, which are enough to make reform attempts dysfunctional.  Poverty in Bangladesh is a result of cumulative and mutually reinforcing deprivations. Land law is a major participant in it. Poverty will persist unless law addresses the true reasons of the poverty and a pro-poor approach to land reform is pursued.  The gap between “law” and “land” is exposed and a distributive land law reform model is proposed.</p>

ENVIRONMENTAL REQUIREMENT INTEGRATION INTO THE LAND LAW OF VIETNAM

Pengaturan bank tanah dalam undang-undang cipta kerja dan implikasi keberadaan bank tanah terhadap hukum pertanahan di indonesia.

Land is one of sources of natural wealth as stated in Article 33 of the 1945 Constitution and is implemented based on the national land law as regulated in Agrarian Law. Government must manage land for the greatest prosperity of the people. The problems in land management is difficulty in carrying out a land acquisition for public interest. Many lands controlled by land brokers/speculators have been abandoned. This condition causes national development to become obstructed and requires enormous financing. The government formed a land bank which is regulated in Law Number 11 of 2020 concerning Job Creation. This research is intended to describe and explain regulation of Land Bank in the Job Creation Act and Government Regulation of Land Bank Agency and the implications for national land law. This study uses normative legal research with conceptual and statutory approach. The legal materials consist of primary, secondary, and tertiary legal materials. The land bank regulation contains the establishment of Land Bank Agency, functions, objectives, institutional structure of Land Bank, the assets of Land Bank Agency, land rights granted to Land Bank Agency, and position and nature of land bank. It is feared that existence of Land Bank will deviate from the objectives of agrarian reform and the principles of national land law because there are vague, unclear, and potentially contain conflicts of interest and abuse of authority. There is a need for changes to a number of applicable provisions in a comprehensive and systematic manner and socialization of the existence of a land bank. Tanah merupakan salah satu sumber kekayaan alam yang dicantumkan dalam Pasal 33 UUD 1945 dan dilaksanakan berdasarkan hukum tanah nasional dalam Undang-Undang Pokok Agraria. Pemerintah memiliki kewajiban untuk mengelola tanah bagi sebesar-besarnya kemakmuran rakyat. Permasalahan dalam pengelolaan tanah adalah kesulitan melakukan pengadaan tanah bagi kepentingan umum. Banyak tanah yang dikuasai oleh makelar atau spekulan tanah yang diterlantarkan. Kondisi ini menjadikan pembangunan nasional menjadi terhambat dan memerlukan pembiayaan yang begitu besar. Untuk mengatasi hal tersebut pemerintah membentuk Bank Tanah yang diatur dalam Undang-Undang Nomor 11 Tahun 2020 tentang Cipta Kerja. Penelitian ini ditujukan untuk menguraikan dan menjelaskan pengaturan Bank Tanah dalam UU Cipta Kerja dan PP Badan Bank Tanah serta implikasi yang ditimbulkan terhadap hukum tanah nasional. Penelitian ini menggunakan penelitian hukum normatif dengan menggunakan pendekatan konseptual dan perundang-undangan. Bahan hukum penelitian menggunakan bahan hukum primer, sekunder, dan tersier. Dari hasil penelitian, pengaturan bank tanah memuat tentang pembentukan Badan Bank Tanah, fungsi, tujuan, struktur kelembagaan Bank Tanah, kekayaan Badan Bank Tanah, hak atas tanah yang diberikan kepada Badan Bank Tanah, serta kedudukan dan sifat bank tanah. Keberadaan Bank Tanah dikhawatirkan akan menyimpang dari tujuan reforma agraria dan asas-asas hukum pertanahan nasional karena terdapat ketentuan yang sumir, tidak jelas, dan berpotensi mengandung konflik kepentingan dan penyalahgunaan wewenang. Perlu adanya perubahan terhadap sejumlah ketentuan yang berlaku secara komprehensif dan sistematis serta diperlukan sosialisasi terhadap keberadaan Bank Tanah sehingga solusi Bank Tanah dapat menyelesaikan masalah pertanahan.

THE METHODOLOGICAL STRUCTURE FOR LEGAL RESEARCH: A PERSPECTIVE FROM THE MALAYSIAN LAND LAW AND ISLAMIC LAW

A legal research shall be secured with the idea to facilitate a future change; either in the law itself or in the manner of its administration from the production of ‘pure’ academic knowledge which is concerned legal doctrines. Therefore, this paper purpose is to propose a methodological structure for legal research within perspective Malaysian Land Law and Islamic Law to establish a regulation or amendment in the existing foundation. This paper adopts method of content analysis to understanding on the underlying reasons through expert opinions on the legal issues. The finding of this research revealed that a legal methodological framework is easily simplified in form of system theory approach. This type of methodological structure is common amongst the legal researchers, lawyers and legal scholars who embrace Pure and Applied Legal Research. The methodological structure for legal research in form of system theory shall make a better regulation proposal in the perspective of Malaysian Land Law and Islamic Law. By adopt this methodological structure; researchers shall propose new regulation or amendments as legal researchers, lawyers and legal scholars.

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Eight land-related topics that need to be prioritized and urgently addressed in india.

land law research paper india

This blog originally appeared on Land Portal .

By Tim Hanstad

In my experience living and working on land rights, I have identified eight land-related topics that need to be prioritized and urgently addressed in India. These must be addressed no only by government at both the national and especially the state level, but also by civil society, researchers, and donors.

Topic #1 – Land for the Absolutely Landless.

India has by far the largest number of rural landless people on the planet.  And rural landlessness is closely associated with poverty.  In fact, analysis has shown that landlessness is the best predictor of poverty in India – a better predictor than illiteracy and a better predictor than membership in a schedule caste or scheduled tribe.

Efforts to reduce poverty must include efforts to provide land to the landless.  This can be accomplished through allocation of existing unused or under-utilized government  owned  land, programs that assist landless persons or groups to purchase private land, and even land acquisition.  When the government uses the  Land Acquisition Act  to expropriate land for corporations, it can certainly consider doing so for the landless as well.

Solutions exist, including solutions that are already being used here in India.  Best practice from both international experience and experience here in India suggests that for the absolutely landless, house site land is relatively more important and desired by poor households than agricultural field plots.  So, if you can only do one, then focus on house sites – preferably house sites that are large enough to grow a large garden, keep some animals, and some livelihood activities on the house site.

Topic #2 – Regularizing Informal Occupation.

Tens of millions of poor rural and urban households are long-time occupants and/or users of government-owned land, but don’t have formal legal rights to the land.  This includes land used for residential purposes, land used for agricultural cultivation, for non-timber forest products, and land used for other community purposes.  State governments, especially, and with the collaborative assistance of civil society need to more urgently focus on providing secure, formalized, legal rights to such poor, long-term occupants.  This notably includes more robust implementation of the  Forest Rights Act , both for community and individual rights.  But it also includes revenue land.  Many if not most states already have legal provisions that allow for the regularization of long-time poor occupants on revenue land.

NGOs can help by identifying those poor households that meet eligibility requirements, helping them with the required paperwork, and then even assisting the government in processing that paperwork.  I know Landesa teams in numerous states are focused on these issues.  In Karnataka, for example, the team is working on the issue of regularizing poor, long-term occupants of Bagar Hukum, which involves more than 1 million rural households in that state.

Giving communities more formal rights and governance over community property resources is an important issue under this topic.  I know our friends at the  Foundation for Ecological Security (FES) (link is external)  and many other NGOs present are at the forefront of this work — working with communities across numerous states to help improve their rights and effective governance of common property resources – resources that are typically important for the livelihoods of the poorest households.

And informal occupation is not isolated to rural issues.  In an urbanizing India where, due to colonial legacies, urban land records are sorely lacking, urban land tenure insecurity is an extremely important issue.  Many urban residents are insecure and lacking legal documentation for their residences, as the  PRIndex report  clearly illustrates.

Formalizing and strengthening the rights of urban informal settlers is a critical step to building a middle class in India.

Topic #3 – Improving Land Records.

Although the situation certainly varies by state, the generally inadequate state of land records in India – both textual and spatial records – has a variety of negative impacts.  Inadequate land records are a significant source of land tenure security – certainly for the poor, but also much more broadly.  Inadequate land records also facilitate corruption, contribute to the high and costly incidence of land disputes, reduce the government’s ability to conduct effective planning and raise revenue, and generally limit the capacity for good land governance.

There is an urgent need to learn from recent experience within India and beyond in modernizing land information systems in order to develop viable and replicable models for improving and maintaining both textual and spatial records.

The process of computerizing textual records in various Indian states has pointed to several best practice principles, including the concurrent abolition of manual records, using the income generated to sustain and improve the system, and making the process transparent and results broadly accessible.

A particularly important best practice that has  not  been sufficiently implemented is to use a community-led, multi-sourced inventory process to correct the mistakes in the manual records before they are computerized.

Without such a community-led process, it is possible and even probable that more marginalized community members will lose out in the process of land records modernization at the expense of elites.

I cannot over-emphasize this point.  Landesa’s team in Telangana conducted a  six-village pilot (link is external)  that involved a community-led process to identify the gaps between the existing records and the understood rights at the ground level.  The pilot found that the vast majority of households – and virtually all poor households — had problems with their land records or documentation.  A cursory or desk review of the manual land records would not have uncovered these problems.  On the basis of this community-led process of comparing existing land records with data gathered directly from household surveys, review of land documents, and a field visit, the revenue department was able to strengthen the land rights of many poor households in the process of updating the land records.  Without the community-led inventory, many of those households could have had their land rights weakened or even taken away through a process of land records updating or computerization.

Second, concerning spatial data, it would seem desirable to focus public sector activity first on comprehensive coverage with a low-precision cadastral index map rather than establishing islands of high-quality spatial data in an ocean that remains largely uncharted.

Finally, a word on whether modernizing the current state of land records should be aiming to create a system of title registration or conclusive title.  Title registration is not a silver bullet and trying to create a short road to title registration will likely create more problems than it will solve – particularly for rural residents and the poor.

Indian states are likely to be better off pursuing a more immediate goal of updating existing databases with the help of community-led processes, and functionally integrating the different databases used in land administration to provide landowners with a certificate that combines relevant and current information pertaining to a plot.

If this can be accomplished along with maintaining spatial data at a low cost, regulations to ensure that changes to textual or spatial data are updated, and requiring registry officials to perform basic validity checks, a deeds registration system can offer most of the benefits from a title registration system at a fraction of the cost.  And this will not foreclose the option of later moving to a title registration system. Don’t let the perceived best become the enemy of the good.

Topic #4 – Farmland Rental or Leasing.

Farmland rental markets are a powerful tool for both increasing land access to landless and land-poor households and for more efficient use of land.  Unfortunately, the highly restrictive farmland rental restrictions in most Indian states have had a demonstrably negative impact on the poor’s access to land, on the tenure security of most tenants because of their informal status, and on overall agricultural efficiency.

The NITI Aayog’s  Model Land Leasing Act  provides useful guidance on how state-level laws with excessive restrictions or bans on farmland rental can be changed.  It is encouraging to see that a handful of states have recently made some legislative changes in the right direction.  Policy reforms on land leasing are needed in additional states, as these policy reforms have the potential to broaden land access to the land-poor, make tenants more productive through enhanced tenure security as well as improved access to credit and government services, put more land into productive use, and facilitate needed occupational mobility from agriculture.

Topic #5 – Simplifying and Harmonizing Land Legislation.

Good land-related legislation is clear, consistent, and relatively simple.  The land legislation in most Indian states is anything but that.  Most states with which I am familiar have dozens if not scores of land-related laws, some going back two centuries, and with many provisions that are outdated, irrelevant, overly complicated, and/or inconsistent.  At least a couple of states have undertaken comprehensive processes to review that legislation, remove the outdated portions, simplify it, and harmonize it into a single, much more clear and simple land revenue code.  Uttar Pradesh is a good example.

More states could benefit from such a process.  Law is always better when it is clear and when it can be understood – both by those who must implement it and by those for whom it is meant to apply.

Topic #6 – Increasing Land-Related Legal Awareness and Services.

Whatever the state of land legislation, it is more effective when those who are governed by the law are familiar with its inherent rights and responsibilities.  Landesa has found in our work that poor households and particularly women have  very low awareness  of their land-related legal rights and how those might be exercised.  Enhancing knowledge in this respect is an important step to enhancing power – and it is much needed.

Also, particularly given the high incidence of land disputes in India and the limited access to legal services for the poor, NGOs, law colleges and universities, and legal service agencies could do much to fill in the gap.  The use of paralegals, in particular, in helping poor people resolve their land problems has enormous potential in India for large-scale impact.

Topic #7 – Closing Land Data Gaps.

Most of those working in the land sector across the world recognize that we face land-related data gaps.  I point here to two different categories of data, both of which require attention – both throughout the world as a whole and in India.

The first land data gap category is “impact evidence data”.  We need more research attention on what land-related interventions work and what interventions do not.  What interventions are having the desired impact and which are not?  We have learned a lot from past research, but there is so much more to learn.

If you are a researcher, this is a field ripe for contributions.  If you are a funder, please contribute to the further research and learning still needed.  Not learning for the sake of learning, but learning for the sake of advancing positive social and economic impacts.

The second data gap category is with “foundational data”  – that is sex-disaggregated data about who has land rights and the nature of those land rights.  Unfortunately, governments around the world are not routinely collecting this data, including here in India.

On this foundational data, we have a potential solution embedded in the  Sustainable Development Goals , to which India has committed along with the community of nations. Land rights have been integrated into targets of three of the 17 SDGs – Goal 1 relating to poverty, Goal 2 relating to food security, and Goal 5 relating to gender equality.  Those land rights targets, however, will be largely meaningless unless the related SDG indicators gain prominence such that governments, including the Government of India, start systematically collecting the data.

There is still work to be done here to elevate the indicators, and advocate that governments, including the Government of India, collect the data reflected in the SDG land-related indicators so that we can better understand who has land rights, better diagnose problems, and more effectively monitor progress.

And we don’t have to just rely on the SDGs and governments for such new data.  The example of  PRIndex  shows that related and comprehensive data can be systematically gathered through non-government means.  And the India State of Land Report to be released later tonight provides an example of how existing data can be freshly presented and disseminated to help increase understanding.  Look for this report on the  Land Portal Foundation , which by the way, is an excellent platform for providing land-related data and information.

Topic #8 – Last, but definitely not least – Strengthening Women’s Land Rights.

These eight topics are not listed in order of priority.  In fact, women’s land rights is arguably the most important land-related topic for India.   It is a cross-thematic topic that relates to all of the earlier seven, but also goes beyond them.

Patriarchy is strong across the world and is especially strong in India, where it limits India’s economic and social progress.  Levels of women’s landownership in India are particularly low and levels of women’s land tenure insecurity are high.  Most women are dependent on men in their lives to access and use land.  The growing research we have on this indicates it is an enormous problem – not only for women, but for men, children, and the broader society.

And for we men – let’s not buy into the falsehood that empowering women disempowers men.  That is a lie.  We empower not only daughters, wives, sisters, mothers when we empower women.  We strengthen the broader community, nation, and world.  Gender equality is not a women’s issue – it is a societal issue.

And so much needs to be done and can be done to strengthen women’s land rights.

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Submissions in this category are expected to engage with the theme and literature of a particular topic comprehensively. The article must survey current practice in the field, identify any lacunae and offer innovative reassessment along with constructive suggestions. Theoretical pieces are also welcome in this category.

Essays/short articles are more concise in scope and are focused on a particular issue and offer new perspectives and critical insights on the selected topic. They offer clearly identifiable arguments and may provide different ways of conceptualizing the selected issue.

This category is meant for the analysis of any contemporary judicial pronouncement, legislative action, or policy proposal. Notes and Comments must trace the line of cases in which the decision appears and comment on its implications on the evolution of that branch of law. Similarly, a legislative comment or policy proposal must identify the object and expected impact of the legislative action/policy proposal in question.

INDEXING PARTNERS

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India Law Research

Vlex database, free & open internet, government: executive, government: legislature, government: judiciary, journals and periodicals, international encyclopedia of laws, additional resources, getting help, quick links.

Below are quick links to our most popular resources for India research. More detailed instructions for using these resources are located further down in the guide.

  • HOLLIS Library Catalog
  • Indian Kanoon Database
  • Manupatra Database
  • SCC Online Database

Introduction to Researching the Law of India

Supreme Court of India

The Sovereign, Democratic, and Republic state of India (also known as Bharat) has been a free nation since it declared its independence from British rule in 1947.  It adopted its constitution on January 26,1950.  In addition to outlining the powers of the branches of government, the constitution defines protected fundamental rights (see Part III), and outlines the policy directives of the state and the fundamental duties of Indian citizens (see Part IV).  With more than 450 articles, India has the longest constitution of any sovereign nation in the world.  

India is governed by a federal parliamentary system.  In addition to the Central Government, each of the country's 28 states has its own government.  There are also eight Union Territories (UTs) administrated by Central Government appointees.  For information about each of the states and UTs, along with links to their respective government websites, visit  https://knowindia.gov.in/states-uts/ .

As is the case with other former British colonies, India has a common law legal system that recognizes the principles of judge-made law and stare decisis.

The Harvard Law School Library has an extensive print collection of historical and current primary and secondary sources researching the law of India.  In addition, the library subscribes to two databases: Manupatra and SCC Online .  This guide provides instructions and tips for navigating these resources. 

A quick introductory video on the features of this guide is below.

Photo: Supreme Court of India, taken by Jennifer Allison on Dec. 14, 2019.

The Harvard Library Catalog: HOLLIS

Use the HOLLIS online library catalog (http://hollis.harvard.edu)  to find print and electronic materials in Harvard's libraries, including the law library.

This guide includes links to HOLLIS searches that use either general keywords, Library of Congress Subject Headings , or both. HOLLIS search links in this guide appear in this format: 

HOLLIS search: "India" AND "Law OR Legal"

Most searches are deliberately broad.  Limit the search results by adding additional keywords to the search query, refining the results using the options listed on the right side of the HOLLIS screen, or both.

Suggested HOLLIS Searches: Legal Primary and Secondary Sources for India

Below are some suggested HOLLIS searches for materials on Indian law, with the results limited to books in the collections of Harvard's libraries.  Click a link to view the search results. 

Searches by Subject or Source Type

  • HOLLIS Search: "Administrative Law" AND "India"
  • HOLLIS Search: "Civil Law" AND "India"
  • HOLLIS Search: "Civil Procedure" AND "India"
  • HOLLIS Search: "Commercial Law" AND "India"
  • HOLLIS Search: "Constitutional Law" AND "India"
  • HOLLIS Search: "Contract Law" AND "India"
  • HOLLIS Search: "Criminal Law" AND "India"
  • HOLLIS Search: "Customary Law" AND "India"
  • HOLLIS Search: "Digest" AND "India" AND "Law"
  • HOLLIS Search: "Environmental Law" AND "India"
  • HOLLIS Search: "Evidence" AND "India" AND "Law"
  • HOLLIS Search: "Family Law" AND "India"
  • HOLLIS Search: "Hindu Law" AND "India"
  • HOLLIS Search: "Judges" OR "Judiciary" OR "Judicial" AND "India"
  • HOLLIS Search: "Land Use" AND "India" AND "Law"
  • HOLLIS Search: "Mohamedan Law" OR "Muslim Law" OR "Islamic Law" AND "India"
  • HOLLIS Search: "Referencer" AND "India" AND "Law"
  • HOLLIS Search: "Securities Law" OR "Corporate Governance" AND "India"
  • HOLLIS Search: "Social Security" AND "India" AND "Law"
  • HOLLIS Search: "Terrorism OR National Security" AND "India" AND "Law"
  • HOLLIS Search: "Women OR Girls" AND "India" AND "Law"

Searches by Publisher

The searches listed below represent major Indian and international publishers of books on law.  Some Indian publishers have general names like "Law House," and the searches below attempt to incorporate all of the possible name options. The search queries with international publishers like Brill, Cambridge, Elgar, Oxford, Routledge, and Springer are likely to include several comparative law titles in which India is one of the jurisdictions that is compared.

  • HOLLIS Search: "Academic" (publisher) AND "India" AND "Law"
  • HOLLIS Search: "Adam" (publisher) AND "India" AND "Law"
  • HOLLIS Search: "Ashoka" (publisher) AND "India" AND "Law"
  • HOLLIS Search: "Asia" (publisher) AND "India" AND "Law"
  • HOLLIS Search: "Bloomsbury" (publisher) AND "India" AND "Law"
  • HOLLIS Search: "Brill" (publisher) AND "India" AND "Law"
  • HOLLIS Search: "Butterworth" (publisher) AND "India" AND "Law"
  • HOLLIS Search: "Cambray" (publisher) AND "India" AND "Law"
  • HOLLIS Search: "Cambridge" (publisher) AND "India" AND "Law"
  • HOLLIS Search: "Central" (publisher) AND "India" AND "Law"
  • HOLLIS Search: "Chari" (publisher) AND "India" AND "Law"
  • HOLLIS Search: "Chetty" (publisher) AND "India" AND "Law"
  • HOLLIS Search: "Commercial" (publisher) AND "India" AND "Law"
  • HOLLIS Search: "Deep" (publisher) AND "India" AND "Law"
  • HOLLIS Search: "Dwivedi" (publisher) AND "India" AND "Law"
  • HOLLIS Search: "Eastern" (publisher) AND "India" AND "Law"
  • HOLLIS Search: "Education" (publisher) AND "India" AND "Law"
  • HOLLIS Search: "Elgar" (publisher) AND "India" AND "Law"
  • HOLLIS Search: "Higginbotham" (publisher) AND "India" AND "Law"
  • HOLLIS Search: "House" (publisher) AND "India" AND "Law"
  • HOLLIS Search: "India Law" (publisher)
  • HOLLIS Search: "Kamal" (publisher) AND "India" AND "Law"
  • HOLLIS Search: "Law Book" (publisher) AND "India"
  • HOLLIS Search: "LexisNexis" (publisher) AND "India" AND "Law"
  • HOLLIS Search: "Manak" (publisher) AND "India" AND "Law"
  • HOLLIS Search: "Mukherjee" (publisher) AND "India" AND "Law"
  • HOLLIS Search: "Oxford" (publisher) AND "India" AND "Law"
  • HOLLIS Search: "Panchayat" (publisher) AND "India" AND "Law"
  • HOLLIS Search: "Pearson" (publisher) AND "India" AND "Law"
  • HOLLIS Search: "Penguin" (publisher) AND "India" AND "Law"
  • HOLLIS Search: "Professional" (publisher) AND "India" AND "Law"
  • HOLLIS Search: "Routledge" (publisher) AND "India" AND "Law"
  • HOLLIS Search: "Satyam" (publisher) AND "India"
  • HOLLIS Search: "Snow White" (publisher) AND "India" AND "Law"
  • HOLLIS Search: "Springer" (publisher) AND "India" AND Law" Note that Springer publishes a lot of comparative law treatises, and we have many of them as eBooks. If a book on your desired topic is included in these search results, it should have at least a chapter or a section on India, and you likely will be able to access it electronically.
  • HOLLIS Search: "Sweet and Maxwell" (publisher) AND "India" AND "Law"
  • HOLLIS Search: "Taxmann" (publisher) AND "India" AND "Law"
  • HOLLIS Search: "Tripathi" (publisher) AND "India" AND "Law"
  • HOLLIS Search: "Vinod" (publisher) AND "India" AND "Law"
  • HOLLIS Search: "Wadhwa" (publisher) AND "India" AND "Law"
  • HOLLIS Search: "World" (publisher) AND "India" AND "Law"

Historical Research: The HLS Library's Moody Call Number System

In the past, the Harvard Law Library used a proprietary classification system for foreign materials, the Moody System.  To learn more about it, visit  https://guides.library.harvard.edu/moodysystem .

You should know about this system if you are doing historical legal research in our collection for India.  Many older materials in the library's offsite storage facility (which cannot be browsed by researchers) still have Moody call numbers, even though the library switched to using the Library of Congress classification system for foreign materials several years ago.

Moody Call Numbers

Call numbers in this system are compiled as follows:

  • The call number starts with a code for the jurisdiction (for India, it's "IN")
  • The first number represents form or type of material (for a list of these numbers, see  https://guides.library.harvard.edu/c.php?g=309924&p=2070177 )
  • The second and third numbers represent the subject of the material (for a list of these numbers, see  https://guides.library.harvard.edu/c.php?g=309924&p=2070178 )
  • At the end of the call number is a three-letter abbreviation of the author's name.

Browsing by Moody Call Number in HOLLIS

For example, if you would like to browse the older treatises about the criminal law of India in our collection, do this:

1.  Go to  https://hollis.harvard.edu/ .

2.  Above the search box, click STARTS WITH/BROWSE .

3.  In the Browse by drop-down menu, click Call Number - Other .

4.  In the search box, enter IN 980  (Note: this means "India + Treatises [900] + Criminal Law [80]")

5.  Click Search .

Bluebook Citation Rules for Legal Sources from India

The Bluebook's citation rules for primary law materials from India are available online at  https://www.legalbluebook.com/bluebook/v21/tables/t2-foreign-jurisdictions/t2-18-india . 

These rules indicate preferred case law reporters by court, as well as instructions for citing the constitution and legislation.

Manupatra Subscription Database

Manupatra is a subscription legal database for India.  It includes both primary sources (judicial opinions, statutes and other legislative materials, administrative agency materials, and more) and secondary sources (including treatises and law journals).

To access Manupatra:

  • Sign in with your HarvardKey at https://hollis.harvard.edu .
  • Go to  http://id.lib.harvard.edu/alma/990104767090203941/catalog  and click the ONLINE ACCESS link.

You should see the homepage of the Manupatra database, which looks like this:

Homepage of the Manupatra Indian Law Subscription Database

Searching and Browsing in Manupatra

To browse by source type, use the menu on the left side of the screen.

To search, click one of the options in the blue search bar at the top of the screen:

  • Manu Search : Search the database using keywords.
  • Legal Search : Advanced search option, using forms with fields, for judgments, statues (acts), rules, and other types of sources.
  • Citation Search : Use this option to search for a case if you have a citation to a case law reporter, such as All India Reporter (AIR), Indian Law Reports (ILR), SCC (Supreme Court Cases), or Weekly Law Notes (WLN).  Coverage also includes regional court reporters, such as the Bombay Cases Reporter (BomCR), Calcutta Law Journal (CLJ), Delhi Law Times (DLT), and many others.  To view a coverage list of reporters, visit  http://www.manupatrafast.in.ezp-prod1.hul.harvard.edu/Search/Publishers.aspx . 
  • Assisted Search : Provides a form to assist with crafting searches using Boolean connectors.

Search Example

As an example, assume that you have the following information about a case from the Bombay High Court:

State vs. Panduran Tatyasaheb Shinde, AIR 1956 Bom 711.

Find this case in Manupatra as follows:

  • Click Citation Search .
  • In the Publisher menu, select AIR(Bombay) .
  • In the Year box, enter 1956 .
  • In the Page Number box, enter 711 .
  • Click Search .

You will see one result.  Click the link provided to view the case.

SCC Online Subscription Database

SCC Online is a subscription legal database.  You can browse or search for cases from a wide variety of Indian courts, including the Supreme Court, the Privy Council, high courts, district courts, and tribunals and commissions.  It also includes selected case law from other jurisdictions in the region, including Bangladesh, Malaysia, Pakistan, and Sri Lanka, and from several African jurisdictions.  SCC online also includes other Indian legal materials: acts and rules, articles, secondary sources, treaties, and more.

Access SCC Online as follows:

  • Go to https://hollis.harvard.edu and sign in with your HarvardKey credentials.
  • Go to this HOLLIS record:  http://id.lib.harvard.edu/alma/99153820291903941/catalog . 
  • Click the ONLINE ACCESS link.
  • On the SCC Online homepage, click LOGIN in the upper right corner.
  • Select the IP login option, and enter your Harvard email address.
  • When the SCC Dashboard screen appears, click the type of search you want to do.  You may have to do this quickly to avoid being signed out.  If you are not sure what to click, click the third blue box labeled Find by Citation .

You should now be on the main search screen.  If this is not the type of search you want to do, return to the dashboard by clicking the icon with 9 little boxes in it at the top of the screen.  The dashboard provides all the options you need for finding cases by citation, party name, or topic, in addition to browsing law reports, judgments, acts and rules, secondary materials and more.  

Note that SCC Online can be hard to log into.  If the directions above do not work for you, here are a few things to try:

  • Clear the cache and cookies on your browser.
  • Use a different internet browser (if you are using Google Chrome and it's not working, try it in Firefox).

If you tried all those things and it's still not working, contact a research librarian for help ( https://asklib.law.harvard.edu ).

Harvard's subscription to the vLex database includes the following materials for India:

  • Laws and Regulations
  • Books and Journals

To access vLex, go to its HOLLIS catalog record:  http://id.lib.harvard.edu/alma/990104683840203941/catalog .  Then, click the ONLINE ACCESS link.

To go to the India materials, click Browse in the menu on the right side, then All Jurisdictions > Asia > India.

Materials from India appear throughout vLex. For example, vLex includes cases and legislation from India in the citing references for UK cases. 

HeinOnline Subscription Database

HeinOnline's resources for researching the law of India include the following:

  • Index to Foreign Legal Periodicals (IFLP): Search for "India" as a Subject
  • World Constitutions Illustrated: India

Free Databases for Indian Legal Research

  • Indian Kanoon Free database of Indian legislation and case law, offering simple and advanced search options as well as a way to browse by individual court and tribunal.
  • Legal Information Institute of India (LII) Links to primary and secondary sources for Indian law.

Google Searches for Materials on Government Websites

Most Indian government websites are in the "gov.in" domain.  You can search for materials on government websites using Google using this query format:

"circulars" site:gov.in

This search will return all sites that include the word "circulars" on Indian government sites. ("Circular" is a name used for a document that a government entity releases to describe its activities.)

Some Indian government sites are in the "nic.in" domain ("NIC" is the Central Government's National Informatics Centre ).  So if your "gov.in" domain search does not return the results you are looking for, try the same search using "nic.in" instead.

According to Part V, Chapter I of the  Indian Constitution , the head of state is the  President , who appoints the members of the Council of Ministers (headed by the Prime Minister ) and the judges who serve on the Supreme Court . 

The executive branch also includes the following:

  • Union Ministries (including the Ministry of Law and Justice )
  • Union Government Departments (including the Department of Legal Affairs )
  • Commissions (including the Law Commission of India )

The executive has certain powers related to legislation.  For example, the Legislative Department of the Ministry of Law and Justice  drafts legislation for the Central Government.  Other ministries also contribute to the drafting of bills based on their subject matter. 

Under Article 123 of the Indian Constitution, the President can enact ordinances when Parliament is not in session.  These ordinances can only become permanent law if the Parliament approves them after returning from its recess.

Finding Executive and Administrative Materials

HOLLIS Searches

  • HOLLIS Search: "India" AND "Delegated Legislation"
  • HOLLIS Search: "India" AND "Gazette"
  • HOLLIS Search: "India" AND "Government" AND "Circulars"
  • HOLLIS Search: "India" AND "Ministry OR Department OR Commission" (in the "Author" field)
  • HOLLIS Search: "India" AND "Record" AND "Office" (in the "Author" field)

Electronic Resources

  • The Gazette of India Bilingual (English and Hindi) publication of government activities. e-Gazettes are available here for the Central Government and for State Governments.
  • National Government Services Portal This site provides information about the services that various government entities (Central Government and State Governments) offer to the the people of India. You can browse by service type or search for a service.

According to Part V, Chapter II of the  Indian Constitution , legislative power vests in a Parliament , which includes:

  • The President
  • The Council of States (Rajya Sabha)  
  • The  House of the People (Lok Sabha)

Finding Legislation

Historically, Indian national and state legislation has been published by a lot of different entities under a lot of different names.  This means you may need to do several HOLLIS searches to find the publication that has the law you are looking for. 

The searches below include various ways Harvard's library catalogers have named and described Indian publications that include legislation.  

  • HOLLIS Search: "India" AND "Acts of Parliament"
  • HOLLIS Search: "India" AND "Central Acts"
  • HOLLIS Search: "India" AND "Central Legislature"
  • HOLLIS Search: "India" AND "State Acts"
  • HOLLIS Search: "India" AND "Statutory Rules"
  • HOLLIS Search: "Law" AND "India" AND "Statutes and Codes"
  • HOLLIS Search: "Law and Legislation" AND "India"
  • HOLLIS Search: "Laws, etc." AND "India"
  • HOLLIS Search: "Laws of India"
  • HOLLIS Search: "Statutes of India"

In addition to the subscription databases Manupatra and SCC Online, there are several freely-available online sources for Indian legislative materials.

  • Bare Acts Live (Chawla Publications)
  • India Code: Digital Repository of All Central and State Acts
  • LEGIS Database of Acts Database of acts, bills, and ordinances - maintained by the Supreme Court Judges' Library.
  • List of Central Acts Maintained by the Legislative Department of the Ministry of Law and Justice; available in chronological and alphabetical order.
  • Ministry of Law and Justice Legislative Department: Legislative References Includes a list of the Acts of Parliament (1838-2019), and links to the text of ordinances promulgated, President's Acts, Central Regulations, and Orders issued under the Constitution of India.
  • National Portal of India: Acts/Rules
  • Parliamentary Research Service (PRS)

Part V, Chapter IV of the  Indian Constitution  establishes the Union Judiciary, at the head of which is the Supreme Court of India . 

As India is a common law jurisdiction, opinions issued by the Supreme Court are binding on all other Indian courts (see Art. 141).

India's judiciary is also comprised of regional courts throughout the country, including  High courts  and  District courts . 

For disputes involving government employees, India has a network of Administrative Tribunals .

Finding Case Law

Over time, there have been hundreds of publications reporting cases decided in India's courts, and some of them have changed their names several times.  The Supreme Court of India's Equivalent Citation Table can help a researcher not only make sense of the various case reporter names, but also determine parallel citations if necessary.

Note that, in Indian legal bibliography, the term "law journal" can mean many different things, including a case law reporter.

Harvard has been collecting case law reporters from India for many years.  To find judicial decisions from Indian courts in the law library's print collection, try the searches below, which include various ways Harvard's library catalogers have named and described relevant publications.

  • HOLLIS Search: "All India Reporter"
  • HOLLIS Search: "India" AND "High Court" AND "Cases OR Reports OR Digests OR Decisions"
  • HOLLIS Search: "India" AND "Judicial Commissioner's Court"
  • HOLLIS Search: "India" AND "Law Reports, Digests, Etc."
  • HOLLIS Search: "India" AND "Reports of Cases"
  • HOLLIS Search: "India" AND "Supreme Court Cases"
  • HOLLIS Search: "Indian Decisions" AND "Law OR Legal"
  • HOLLIS Search: "Indian High Court Reports"
  • HOLLIS Search: "Indian Law Reports"
  • HOLLIS Search: "Justice, Administration of -- India" (Subject field search)
  • HOLLIS Search: "Supreme Court of India" AND "Cases OR Reports OR Digests OR Decisions"
  • Directory of District Court Websites Links to District Court websites are provided, through which you can browse and search for opinions.
  • Directory of High Court Websites Links to High Court websites are provided, through which you can browse and search for opinions.
  • Supreme Court Judges' Library: SUPLIS Database of Caselaws
  • Supreme Court of India: Judgments Database Search by case number, diary number, judgment date, judge name, parties, free text, and more.

Legal Journals and Periodicals

In Indian legal bibliography, the term "law journal" can mean many different things, including the following:

  • A case law reporter
  • A legal periodical that publishes article-length scholarly works (like a "law review" in the United States)

The  Union Catalogue of Legal Journals , maintained by the Judges' Library of the Supreme Court of India, provides a helpful overview of Indian legal periodicals.

Scholarly Law Journals

Many scholarly law journals in India are published by law schools.  Depending on the journal and the publication date, they can be found open-access through a law school website, through a subscription database (such as HeinOnline , Sage , Jstor , or Taylor and Francis ), and/or in the library's print collection.

To find journals in our collection, you can search the HOLLIS library catalog .  However, it might be easier and faster to check the list of journals published at Indian law schools below, in case the one you want is available open access online.

  • Chanakya National Law University (CNLU) (Patna) Chanakya Law Review.
  • Dr. Ram Manohar Lohiya National Law University (RMLNLU) (Lucknow) Dr. Ram Manohar Lohiya National Law University Journal (ISSN: 0975 – 9549); RMLNLU Law Review (ISSN: 0975 – 9530); CMET Journal, Child Protection in Uttar Pradesh Quarterly Newsletter.
  • Gujarat National Law University (GNLU) (Gandhi Nagar) GNLU Journal of Law, Development and Politics (GJLDP); GNLU Law Review; Gujarat Law Journal; GNLU Journal of Law & Economics (GJLE); GNLU Law and Society Review
  • Hidayatullah National Law University (HNLU) (Raipur) Journal of Law and Social Science
  • NALSAR University School of Law (Hyderabad) NALSAR Law Review (ISSN 2319-1988); Indian Journal of Intellectual Property Law (Print ISSN 0975-492X and e-ISSN 2278-862X); Environmental Law and Practice Review (ISSN 2319-1856); Media Law Review (ISSN 2319-1848); Journal of Corporate Affairs and Corporate Crimes (ISSN 2278-8611); NALSAR Student Law Review (ISSN 0975-0216); The Indian Journal of Constitutional Law (ISSN 0975-0134); The Indian Journal of Law and Economics (ISSN 2319-1864); NALSAR ADR Journal (ISSN 2348-7690); International Journal of Constitutional Law (IJCL); NALSAR International Law Journal
  • National Law Institute University (NLIU) (Bhopal) Using the top menu, navigate through Research - Research Publications - NLIU Publications to find Indian Law Review, NLIU Journal of Intellectual Property Law, NLIU Law Review, NLIU e-Journals (International Law, Media Law).
  • National Law School of India University (NLSIU) (Bengaluru / Bangalore) National Law School Journal, National Law School of India Review, NLS Business Law Review, Socio-Legal Review, IN LAW Magazine, Journal on Environmental Law Policy and Development, Journal of Law and Public Policy, CEERA March of the Environmental Law
  • National Law University and Judicial Academy Assam (NLUJAA) NLUA Law Review, Child Rights & Policy Review; Journal for Sports Law, Policy, and Governance; NLUA Law and Policy Review; Journal for Disability Studies and Policy Review.
  • National Law University Delhi (NLUD) Journal of National Law University Delhi; Journal of Victimology and Victim Justice; NLUD Student Law Journal; Indian Journal of Criminology.
  • National Law University Jodhpur (NLUJ) NLUJ Law Review; Trade, Law, and Development; Indian Journal of Arbitration Law; Journal on Corporate Law and Governance; Journal on Comparative Constitutional Law and Administrative Law; Indian Journal of Legal Theory; Journal of Intellectual Property Studies; Journal on Indian Competition Review; Scholasticus.
  • National Law University Odisha (NLUO) NULO Law Journal; Human Rights Law Journal; Journal on the Rights of the Child; NLUO Student Law Journal.
  • National University of Advanced Legal Studies (NUALS) (Kochi) NUALS Intellectual Property Law Review; NUALS Law Journal.
  • National University of Study and Research in Law (NUSRL) (Ranchi) NUSRL Journal of Law & Policy; NUSRL Journal of Human Rights.
  • Rajiv Gandhi National University of Law (RGNUL) (Patiala, Punjab) RGNUL Law Review; RLR Student Edition; Student Law Review; RFM Law Review; RGNUL Social Science Review; Human Rights Journal; Law and Tech Times; Indian Journal of Criminology.
  • WB National University of Juridicial Sciences (NUJS) (Kolkata) NUJS Law Review; Journal of Telecommunication and Broadcasting Law; Journal of Indian Law and Society (formerly Indian Juridicial Review); Asian Journal of Legal Education; International Journal of Law and Policy Review; International Journal of Legal Studies & Research; Journal on Dispute Resolution.

International Encyclopedia of Laws: Entries for India

The Kluwer Online subscription database's International Encyclopedia of Laws includes an entry for India in each of the subject areas listed below. 

Click the link, provide your HarvardKey credentials if necessary, and then click India under National Monographs.

  • Civil Procedure
  • Commercial and Economic Law
  • Competition Law
  • Constitutional Law
  • Corporations and Partnerships
  • Environmental Law
  • Family and Succession Law
  • Insurance Law
  • Intellectual Property
  • Medical Law
  • Private International Law
  • Social Security Law
  • Transport Law
  • Bombay High Court Judges' Library
  • Foreign Law Guide: India HarvardKey credentials required
  • GlobaLex: A Guide to India's Legal Research and Legal System
  • GlobaLex: Guide to Indian Laws
  • Index to Foreign Legal Periodicals: Country Subject = India IFLP has more than 2,000 articles with "India" as the country subject. This ink to IFLP is in the HeinOnline subscription database and HarvardKey credentials are required to access it.
  • India Legal Research Guide University of Wisconsin Law Library
  • India Legal Research Guide Libraries of the National University of Singapore
  • Indian Law Research Guide University of Melbourne
  • The Indian Legal Profession in the Age of Globalization: The Rise of the Corporate Legal Sector and its Impact on Lawyers and Society 2017 book co-authored by David Wilkins, Vikramaditya S. Khanna, and David M. Trubek.
  • Indian Legal System Research Guide Library of the O.P. Jindal Global University, Sonipat, Haryana, India.
  • Judges' Library of the Supreme Court of India
  • Legal Research Guide: India Law Library of Congress
  • Legal Resources of India Bodleian Libraries, University of Oxford
  • Vikaspedia (InDG) Description from the site: This portal has been developed as part of the national level initiative - India Development Gateway (InDG), dedicated for providing information / knowledge and ICT based knowledge products and services in the domain of social development. InDG is a Ministry of Electronics and Information Technology (MeitY) Government of India initiative and is executed by Centre for Development of Advanced Computing, Hyderabad.

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  • Last Updated: Sep 12, 2023 10:46 AM
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Transfer of Property Act Research Paper Topics

Transfer of Property Act research paper Topics – We are providing some research paper topics related to the Transfer of Property Act:

  • “Analyzing the Historical Evolution of the Transfer of Property Act in India”
  • “Impact of the 97th Amendment Act on Property Transactions in India”
  • “Legal Implications of the Doctrine of Part Performance in Property Transactions”
  • “A Comparative Study of Property Transfer Laws in India and Common Law Jurisdictions”
  • “Exploring the Role of Registration of Property in Ensuring Legal Validity”
  • “Challenges and Remedies in Disputed Property Transactions under the Transfer of Property Act”
  • “The Role of Easements in Property Transactions: A Legal Perspective”
  • “Property Rights of Women in India: A Critical Analysis of the Transfer of Property Act”
  • “Succession and Inheritance Laws under the Transfer of Property Act: A Socio-Legal Study”
  • “Real Estate Transactions and Tax Implications: A Study of Stamp Duty and Registration Charges”

These topics can provide a starting point for your research paper on the Transfer of Property Act, and you can narrow them down based on your specific area of interest within property law or real estate transactions.

12 more research paper topics related to the Transfer of Property Act:

11. “The Role of Trusts and Gifts in Property Transfers: A Comparative Analysis” 12. “Impact of Digitalization on Property Transactions and Registration under the Transfer of Property Act” 13. “Environmental Considerations in Property Transactions: Legal Aspects and Compliance” 14. “Adverse Possession and Its Implications in Property Law: A Case Study under the Transfer of Property Act” 15. “Mortgages and Liens: Examining Security Interests in Property Transactions” 16. “Co-Ownership of Property: Rights, Responsibilities, and Dispute Resolution” 17. “Legal Aspects of Leasehold and Freehold Property Transactions in India” 18. “Transferring Intellectual Property Rights: Challenges and Solutions under the Transfer of Property Act” 19. “Property Transactions in Special Economic Zones (SEZs): Regulatory Framework and Implications” 20. “Property Frauds and Legal Safeguards: A Study of Prevention and Remedies” 21. “Evolving Land Acquisition Laws in India: Impact on Property Ownership” 22. “Foreign Investment and Property Transactions: A Legal Analysis under the Transfer of Property Act” These topics cover various aspects of property law and can serve as the basis for in-depth research papers in this field. Choose the one that aligns best with your interests and objectives.

7 more research paper topics related to the Transfer of Property Act:

23. “Legal Implications of Property Partition among Co-owners: A Comprehensive Study” 24. “Property Transactions and the Rights of Minor Co-owners: A Legal Perspective” 25. “Unregistered vs. Registered Property Transactions: A Comparative Analysis” 26. “Property Transactions in the Digital Age: Blockchain Technology and Smart Contracts” 27. “Corporate Real Estate Transactions: Compliance with the Transfer of Property Act” 28. “Eminent Domain and Property Expropriation: Examining Government Powers and Compensation” 29. “Land Reforms and Property Redistribution: A Study of Social Justice Underlying the Act” These topics delve into various aspects of property law and can provide a solid foundation for your research paper. Choose one that resonates with your interests and research goals.

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Top 20 Land Law Dissertation Topics Trending in the Year 2021

  • June 18, 2021 July 15, 2021

There is a famous quote by Ralph Waldo Emerson, “If a man owns land, the land owns him”. This statement of popular American writer deems suited well enough to establish the connection between a man to his land and vice-versa. The ownership of a safe piece of land is as important as food and water for subsistence. The ownership of own piece of land can open new avenues of progress and prosperity for the owner. Apart from shelter, a considerable piece of land can always be put into agriculture, lease, or commercial utility.

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Additionally, the crisis associated with lives can also be resolved by trading off a piece of land with the ‘right to transfer of property’ clauses made in the society by the law. Simply speaking, land is an asset like gold; its value may rise or fall with the passage of time but shall never turn out to become a ‘liability’. Understanding the significance of the land and the properties built over it, the local governing bodies pass regulations to safeguard the rights of the actual owner(s) of the land.

Land Law Dissertation Topics 2021

Prior to the scrolling of a detailed list of the land law dissertation help topics that are preferably imbibed lately, let us have a brief insight what the land laws are all about and why they are indispensable.

Introduction

The land law is classified into the categories of rules and regulations enforced by legal governing bodies to authorise the ownership and the right to use the land. It always alienates or exclude the individuals and parties that do not have direct and indirect association with that concerned piece of land. Most of the rules, regulations, sections, and clauses are in some way related to land use agreements, such as renting.  

Most of the sections that we feature to study the land law somehow performs as the point of intersection between property and contract law. The transfer of property comes from the voluntary decision of the actual (and present) owner of the land due to encumbrance on the rights of the land to constitute the legal land right to another in exchange for the price both the parties consented upon.  

The experts offering law assignment help do not deal with the requested topic in layman’s terms. They define the answers to all the questions asked in the assignment with same legal terminologies and sections of the law that are anticipated to appear on the page by the evaluators. For example, the General Clauses Act renders the definition to the immovable properties. All the regulations belong to an immovable property such as land, the benefits arising out of that land, all the things that are attached to the earth, as well as the things permanently fastened to everything that is attached. The experts recite the assignment work by defining the term ‘land’ which would incorporate everything that is present on, under or above the land.

Why the Land Laws are Important?

The land laws are dedicated to the protection of both evident and concealed assets of the land. These laws govern all the tangible and the intangible components belonging to the piece of land. Here, all the evident assets would include the periphery of the land, natural rock, the quality of the soil, all the trees, buildings, walls, and other forms of constructions. When it comes to the concealed assets, then it shall include oil, treasure, and other kinds of resources that lay beneath the surface of the concerned land before they eventually get discovered. The prevailing laws always prevent the aggressive takeovers from unrighteous parties, offering an unbiased standpoint to defend or fight over the land disputes, safeguarding the demarcation of the actual land boundaries as mentioned in contractual agreements, etc.

The land laws are basically meant to enforce the property rights of the owner with respect to the legal ownership of the land and its resources. The protection of the interests are always backed by the legal systems and its bodies through basic execution of law and order.

Learn about some of the latest business law dissertation topics explored by law fraternity in the year 2021 at the below link to stay updated!

Must read: top 20 business law dissertation topics trending these days, what we are expecting from the land law topics discussed below.

When students submit their land law dissertations with the help of assignment help offered by a professional agency, then things are executed by the masters of the field. Right from topic selection to immaculate editing and proofreading of the final work, the whole job is handled by the experts who know the drill. Unfortunately, the same luxury is not accessible to the students who decide to finish the land law dissertation at their personal magnitude. Their problems start gushing in right from the choice to pick the right topic.

Here, our prima-facie motto is to help such needy law students with their dissertation topic dilemma. Indeed, with the help of a comprehensive, well researched list of topics, we are here to help them pick their favourite topic as per convenience. It helps them to frame the blueprint of their dissertation draft with the latest happenings in the field of legal affairs. And with that, let us look at the list of land law dissertation topics that we believe are worth your time.

Dissertation Help

Get familiar with the latest topics discussed in tort law curriculum to stay ahead of your colleagues by going through the below informative blog –

Must read: top 20 tort law dissertation topics trending in 2021, top 20 land law dissertation topics for the law students in the year 2021.

While covering an all-inclusive list of land law dissertation topics, we have ensured to list the topics revolving around the enforcement of the regulations and acts indigenous to certain nations and regions worldwide. It makes the list comprehensive enough to cover the requirements of students studying in nearly all parts of the world.

  • History, scope, objective, applicability, and the salient features of the Right to the Fair Compensation and the Transparency in the Land Acquisition, the Rehabilitation, and the Resettlement Act, 2013
  • The procedure of the determination of public purposes and social impact of fair compensation to the indigenous of the tribal land
  • What are the provisions of notification and acquisition of land under government schemes in the Québec province of Canada?
  • Discuss some of the talked about cases of rehabilitation and resettlement award under land reform act 2013
  • Elaborate the classes and powers of the revenue offices under Community Empowerment (Scotland) Act, 2015 and Land Reform (Scotland) Act, 2016
  • How Dawes Severalty Act or General Allotment Act affected the landholdings of the native Americans within the United States?
  • How the second land reforms under the Great Leap Forward destroyed the property rights of peasants in China? What could have been a suitable alternative to egalitarian principle of distribution to ensure better results?
  • A review of the property law through the antitrust principles of the United States
  • A systematic analysis of the property law in the UK and its practical implications
  • An in-depth analysis of the rationale for private property rights of the immigrants to the UK
  • The classification of the land and property law in the digital community across the globe.
  • A review of the tribal land rights of the aboriginal Australians
  • Discuss in detail the agricultural property rights in the State of New South Wales, Australia
  • Give a discourse of the rights of women to acquire and hold land across any three geographical territories
  • The application of land and property law for the protection of heritage sites in Europe. State the course of discussion with the heritage sites of five different countries of the European Union.
  • Unification of land and property laws across the borders- a necessity?
  • Are the provisions for the prevention of harassment and eviction are effective enough to safeguard the rights of the tenants?
  • Is the Homelessness Reduction Act (HRA) 2017 is sufficient to curtail the growing homelessness in the UK?
  • Discuss “knowing receipt” and “knowing assistance” and their ramifications under the English trusts law doctrine.
  • To what degree does an adverse possession an essential right to forestall the rise in the number of vacant properties?

The topics enlisted above are well suited for the land law dissertation help requirements of the students. But the good news is that the students expecting topics of the law for different other assignment writing formats like case study help , essay help , research paper writing help or thesis help . We can customise the writing as per any given topic to suit any writing format meant for the legal assignment submission.

Land Law Assignment Help

Wish to come across the widest range of taxation law dissertation topics to pick from? Read the below blog to get the widest range of exclusive titles worth creation of finest assignment drafts.

Must read: top 50 taxation law dissertation topics hotly trending in 2021.

The familiarity with the legal studies of the land law can open the doors to an immense numbers of career opportunities. Now, there is always a possibility of successfully finishing the given land law dissertation assignment at your personal efforts and we as a responsible agency would be gladder of your accomplishment. But in case, you are feeling the heat of submitting your next land law dissertation assignment with proximity of deadline, then also you are in safe hands.

Your reasons can be associated with an incomplete assignment, pressure of upcoming exams, attending important co-curricular activities of your law school, lack of conceptual clarity of the given land law topic or simply no interest in finishing the assigned homework. Just let our service representative know about your requirements by visiting land law assignment help and get your assignment requests attended by the finest academicians of law in the industry. We feature the most revered team of 500+ assignment writers with a lasting track record of submitting 10,000+ assignments in the last 15 years.

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  1. The Evolution in Recognition of Land Rights in India: A Study of ...

    The Evolution in Recognition of Land Rights in India: A Study of Legislations Pertaining to Acquisition of Land 7 Pages Posted: 12 Jan 2021 Last revised: 9 Apr 2021 Hitabhilash Mohanty Supreme Court of India Susampad Hota Odisha High Court Date Written: November 6, 2020 Abstract

  2. (PDF) Comparative analysis of Land acquisition acts in India: Case

    Comparative analysis of Land acquisition acts in India: Case based approach Authors: Ramakrishna Nallathiga National Institute of Construction Management and Research Abhijat Abhyankar Akash...

  3. LAND ACQUISITION IN INDIA: A CRITICAL REVIEW

    The core issues that surround the acquisition of land in India are Litigations due to inheritance of properties, Multiple sales which have not been properly recorded, lands which have been...

  4. Land Acquisition in India: An Examination of the 2013 Act and Options

    Abstract. Land continues to remain important for production and rural livelihoods in developing economies like India. But, globalisation and liberalisation in these economies has brought up land as an important policy issue as various stakeholders lay claims to it as never before. Although India is not a victim of land grab unlike many African ...

  5. PDF Land Acquisition in India: Legal Issues and Challenges

    LAND ACQUISITION IN INDIA: LEGAL ISSUES AND CHALLENGES AJAY SONAWANE Teaching Associate & Ph.d. Research Student, Department Of Law, Savitribai Phule Pune University Introduction Land is a free gift of the nature and it is an abundant source of formation, nourishment and ... Constitution of India , right to property got recognition but under ...

  6. PDF Land Ownership and Land Acquisition Regime in India

    Vinaya V.S. Abstract: The problem of land ownership at present cannot be resolved without understanding the land ownership structure of the past. The past plays an important role in shaping our perceptions and ordering our priorities. Naturally, the solutions we find for the contemporary crisis are affected by our past.

  7. PDF Land Acquisition in India: History and Present Scenario

    Several controversies have arisen with claims that land owners have not been adequately compensated.1 Land Acquisition has become a most vexing problem for policy makers in India.2 Given the growing controversies, chaos and confusion over the land acquisition during the past few years, the then Congress government was forced to re-examine the ex...

  8. Land Acquisition in India: A Review of Supreme Court Cases (1950-2016

    Context: India faces serious challenges in creating development processes that generate economic growth while being socially inclusive, ecologically sustainable, politically feasible, and in accordance with the Rule of Law. Equitable and efficient acquisition of land by the state for economic development projects, including infrastructure and industry, lies at the heart of these challenges ...

  9. PDF Land use and Land Acquisition laws in India

    agricultural land for five categories of projects, including defence, rural infrastructure, other infrastructure projects, industrial corridors and affordable housing. The Bill has been approved by the Lok Sabha but its passage has been blocked in the Rajya Sabha. Thus, the LARR Act, 2013, is the current law of the land on land acquisition.

  10. PDF Land Acquisition in India: History and Present Scenario

    INTRODUCTION In India, the term "land acquisition" refers to the procedure by which the national or state governments of India acquire property for a variety of infrastructure and economic growth initiatives.

  11. Special Economic Zone, Land Acquisition, and Impact on Rural India

    Desai M. (2011). Land acquisition law and proposed changes. Economic and Political Weekly, 46(26-27), 95-100. ... Indian Journal of Social Research, 56(3), 529-540. Google Scholar. ... He has presented research papers in more than 11 national and international conferences. His area of interest is Social Entrepreneurship, Labour Welfare ...

  12. Analysis of Land Acquisition in India

    The Land Acquisition Act, 1894 originally applied only to British India. The native states passed their own Acts. Under the Government of India Act 1919 and the Government of India Act 1935, the provinces had power to legislate with respect to compulsory acquisition of land. In exercise of this power some of the provinces amended in certain ...

  13. Full article: Does Indian real estate regulation protect urban

    Abstract. The proponents claim that the Indian Real Estate (Regulation and Development) Act, 2016 (RERDA, 2016/Act) has saved homebuyers from exploitation by promoters' evasive and aggressive approach and has impacted society. The paper, while discussing the relevant statutory provisions and judicial decisions protecting urban homebuyers' interests, examines the reactions of 751 ...

  14. land law Latest Research Papers

    Therefore, this paper purpose is to propose a methodological structure for legal research within perspective Malaysian Land Law and Islamic Law to establish a regulation or amendment in the existing foundation. This paper adopts method of content analysis to understanding on the underlying reasons through expert opinions on the legal issues.

  15. Eight land-related topics that need to be prioritized and urgently

    India has by far the largest number of rural landless people on the planet. And rural landlessness is closely associated with poverty. In fact, analysis has shown that landlessness is the best predictor of poverty in India - a better predictor than illiteracy and a better predictor than membership in a schedule caste or scheduled tribe.

  16. (PDF) Comparative Analysis of Land Acquisition Acts in India: A Case

    In India, Land Acquisition has been brought out by a set of legislations: (i) the Land Acquisition Act, 1894, which was imposed during the British rule (ii) the Land Acquisition,...

  17. Indian Journal of Law and Legal Research

    IJLLR Journal is an online bi-monthly journal with 6 Issues per year. The Journal revolves around Socio-legal topics and is not restricted to any particular field or subject of law. The Journal promotes interdisciplinary research entailing detailed study of law with other disciplines in the contemporary era.

  18. Research Guides: India Law Research: India Law Research

    Indian Kanoon Database Manupatra Database SCC Online Database vLex Database Introduction to Researching the Law of India The Sovereign, Democratic, and Republic state of India (also known as Bharat) has been a free nation since it declared its independence from British rule in 1947. It adopted its constitution on January 26,1950.

  19. Transfer of Property Act Research Paper Topics

    21. "Evolving Land Acquisition Laws in India: Impact on Property Ownership" 22. "Foreign Investment and Property Transactions: A Legal Analysis under the Transfer of Property Act" These topics cover various aspects of property law and can serve as the basis for in-depth research papers in this field.

  20. Top 20 Land Law Dissertation Topics Trending in the Year 2021

    Introduction The land law is classified into the categories of rules and regulations enforced by legal governing bodies to authorise the ownership and the right to use the land. It always alienates or exclude the individuals and parties that do not have direct and indirect association with that concerned piece of land.