Unit - IV - Changing Nature of Indian State
Unit - IV - Changing Nature of Indian State
Developmental
The Five-Year Plans were instrumental in directing India’s economic and social development
post-independence. Their roles encompassed:
1. Structured Economic Planning: Initiated in 1951, these plans provided a systematic
framework for resource allocation, aiming for balanced and sustainable growth across
sectors. 
2. Agricultural and Industrial Development: Early plans prioritized enhancing agricultural
productivity to ensure food security, while subsequent plans emphasized industrialization,
particularly in heavy industries, to build a robust economic base.
3. Poverty Alleviation and Employment Generation: A core focus was reducing poverty
and unemployment through targeted programs and initiatives, aiming to improve living
standards and provide job opportunities. 
4. Infrastructure Enhancement: Significant investments were made in developing
infrastructure such as transportation, energy, and communication, facilitating economic
activities and connectivity. 
5. Social Equity and Modernization: The plans aimed to promote social justice by reducing
inequalities and modernizing various sectors, including education and healthcare, to
foster overall societal progress. 
Public sector enterprises and state-led industrialization
While PSEs played a crucial role in India’s initial industrialization, challenges such as
inefficiencies and financial losses emerged over time. In response, the government initiated
economic liberalization in 1991, reducing state control and encouraging private sector
participation. This shift aimed to enhance competitiveness and efficiency within the industrial
sector.
In recent years, the government has introduced initiatives like the Production-Linked
Incentive (PLI) schemes to boost manufacturing and attract investments in various sectors,
reflecting a continued emphasis on industrial growth with a balanced approach between
public and private enterprises.
In 1991, India faced a severe economic crisis characterized by a balance of payments deficit
and dwindling foreign exchange reserves. In response, the government introduced the
Liberalization, Privatization, and Globalization (LPG) reforms to revitalize the economy.
1. Liberalization
• Objective: Reduce government control over the economy and encourage private sector
participation.
Key Measures:
• Dismantling the License Raj, thereby eliminating the need for numerous industrial licenses.
• Lowering tariffs and import duties to promote trade.
• Easing regulations to attract foreign direct investment (FDI).
2. Privatization
• Objective: Transfer ownership and management of public sector enterprises to private
entities to enhance efficiency and competitiveness.
Key Measures:
• Disinvestment in government-owned companies.
• Encouraging private sector involvement in various industries.
• Reducing the monopoly of public sector enterprises in certain sectors.
3. Globalization
• Objective: Integrate the Indian economy with the global market.
Key Measures:
• Allowing foreign companies to invest and operate in India.
• Promoting exports and making Indian markets accessible to foreign goods and services.
• Adopting international trade practices and standards.
The state plays a pivotal role in steering sustainable development through policy formulation,
resource allocation, and the establishment of regulatory frameworks. In India, this role is
exemplified by several key initiatives and institutional frameworks:
5. International Collaboration
• Global Partnerships: The state engages in international collaborations to bolster
sustainable development efforts, exemplified by joint ventures in energy infrastructure with
countries like the UAE and Sri Lanka.
The Directive Principles of State Policy (DPSPs), enshrined in Part IV (Articles 36–51) of the
Indian Constitution, serve as fundamental guidelines for the State to establish a welfare state
in India. While these principles are non-justiciable—meaning they cannot be enforced by
courts—they are deemed essential in governance, directing the State to promote the welfare
of its people by securing social, economic, and political justice. 
3. Article 41: Obligates the State to make provisions for securing the right to work,
education, and public assistance in cases of unemployment, old age, sickness, and disability.

4. Article 42: Requires the State to ensure just and humane conditions of work and provide
maternity relief. 
5. Article 43: Encourages the State to secure a living wage and decent standard of life for
workers and promote cottage industries. 
6. Article 45: Originally mandated free and compulsory education for children up to 14 years;
post the 86th Amendment, it emphasizes early childhood care and education for children
below six years. 
7. Article 47: Directs the State to raise the level of nutrition and standard of living and
improve public health. 
The Indian state plays a pivotal role in advancing education, healthcare, and poverty
alleviation through a series of strategic policies and initiatives aimed at fostering inclusive
growth and enhancing the well-being of its citizens.
1. Education
• Policy Frameworks: The National Education Policy (NEP) 2020 aims to universalize pre-
primary education and emphasizes foundational literacy and numeracy by 2025. 
• Integrated Programs: The Samagra Shiksha Abhiyan consolidates efforts from pre-school
to class 12, focusing on inclusive and equitable quality education. 
• Legislative Measures: The enactment of the Right of Children to Free and Compulsory
Education Act, 2009, ensures free education for children aged 6 to 14, reinforcing the
state’s commitment to educational accessibility. 
2. Healthcare
• Public Health Infrastructure: The government has undertaken initiatives to strengthen
primary, secondary, and tertiary healthcare services, aiming to improve overall health
outcomes. 
• Preventive Health Measures: Recent campaigns, such as the nationwide training of
doctors to promote the HPV vaccine, demonstrate the state’s proactive approach to
disease prevention and health promotion. 
3. Poverty Alleviation
• Targeted Programs: The government has launched various initiatives to eradicate poverty
and provide basic amenities to poor households. 
• Social Protection Schemes: Programs like the National Rural Employment Guarantee Act
(NREGA) provide employment opportunities, contributing to income security and poverty
reduction. 
Through these concerted efforts, the Indian state endeavors to build a more equitable
society, ensuring that advancements in education and health translate into tangible
improvements in the lives of its citizens, thereby addressing the multifaceted challenges of
poverty.
These welfare schemes collectively contribute to India’s goal of inclusive development by addressing
critical areas such as employment, housing, nutrition, and healthcare.
NGOs actively engage in advocating for policy reforms and social justice, representing
marginalized communities to influence legislative and policy changes. By conducting
research, raising public awareness, and lobbying governmental bodies, they strive to shape
policies that promote equity and justice.
In areas where governmental reach is limited, NGOs often step in to provide essential
services such as education, healthcare, and disaster relief. Their grassroots presence enables
them to tailor interventions to local needs, ensuring more effective and culturally sensitive
outcomes. 
Civil society organizations work to empower individuals and communities by enhancing their
skills and capacities. This empowerment facilitates greater participation in governance
processes and decision-making, fostering a more engaged and informed citizenry.
By monitoring government actions and expenditures, NGOs play a crucial role in holding
public officials accountable. They work to ensure that resources are utilized appropriately and
that governance processes remain transparent and responsive to the needs of the people.
NGOs often address gaps in governance by implementing programs that the state may not
have the capacity or resources to undertake. Their flexibility and innovation allow them to
respond swiftly to emerging social issues, complementing governmental efforts in welfare
provision.
In summary, civil society and NGOs are vital components of welfare governance, contributing
through advocacy, service delivery, capacity building, accountability promotion, and bridging
governance gaps. Their collaborative efforts with the government and communities are
essential for fostering inclusive and sustainable development.
Key Aspects:
1.Monopoly on Legitimate Use of Force:
• The state is recognized as the sole entity with the legal right to use physical force within its
jurisdiction. This monopoly is exercised through institutions like the police and armed forces to
uphold laws and protect citizens. 
2.Police Powers:
• Governments possess inherent authority, known as police powers, to enact and enforce laws that
promote the health, safety, morals, and general welfare of the public. These powers enable the
state to regulate behavior and maintain order. 
4.Coercive Federalism:
• In certain contexts, such as coercive federalism, the federal government may exert influence over
state governments by imposing policies or mandates, reflecting an internal dimension of state
coercion. 
Understanding the coercive dimension is crucial for comprehending how states maintain authority,
implement laws, and ensure public order through sanctioned means.
Use-of-Force Continuum
Many law enforcement agencies employ a use-of-force continuum, which provides guidelines on the
appropriate level of force to be used in various situations. This continuum typically ranges from
officer presence and verbal commands to less-lethal methods and, as a last resort, lethal force. The
goal is to resolve situations with the minimal amount of force necessary. 
These laws underscore the coercive dimension of the Indian state, highlighting the balance
between ensuring national security and safeguarding individual rights. The debates
surrounding AFSPA, UAPA, and NSA reflect ongoing tensions in democratic governance
regarding the extent and oversight of state power.
Role of Police:
The police serve as the primary law enforcement agency with responsibilities that include:
• Law Enforcement and Crime Prevention: Enforcing laws, preventing criminal activities,
and apprehending offenders to ensure public safety. 
• Maintenance of Public Order: Managing crowds, controlling riots, and addressing civil
disturbances to uphold peace and order.
• Investigation and Prosecution: Conducting investigations into crimes, gathering
evidence, and facilitating the judicial process. 
• Protection of Life and Property: Safeguarding citizens and their property from harm and
unlawful activities. 
Mass surveillance involves the extensive collection and analysis of data from large
populations without individualized suspicion. This approach can infringe upon personal
privacy, leading to potential misuse of information and erosion of civil liberties. For instance,
surveillance tools like the “Pegasus” software can transform smartphones into continuous
monitoring devices, accessing personal data and compromising user privacy.  
The expansion of surveillance capabilities has prompted calls for legislative reforms to
protect individual privacy. For example, in response to extensive data collection by
government agencies, U.S. senators introduced the Privacy Act Modernization Act of 2025,
aiming to update privacy protections and address contemporary surveillance challenges. 
Public awareness of surveillance practices has grown, leading to increased scrutiny and
demand for transparency. Surveys indicate that many individuals feel a lack of control over
their personal information, highlighting the necessity for clear regulations and accountability
in surveillance operations. 
Theoretical Perspectives:
Scholars have examined the conditions under which state repression occurs and its impact
on civil liberties. Research indicates that certain government structures, such as military
regimes, may be more prone to restrict civil liberties, while single-party systems might
employ different strategies of control. 
Organizations like the American Civil Liberties Union (ACLU) play a crucial role in challenging
laws and practices that infringe upon the right to peaceful protest and free expression. They
document abuses, represent affected individuals, and advocate for policy changes to uphold
democratic principles. 
India faces multifaceted internal security challenges, notably from Naxalism and various
insurgencies, particularly in the northeastern regions. The state’s response encompasses a
blend of security operations, developmental initiatives, and policy reforms aimed at
addressing both the symptoms and root causes of these conflicts.
1. Counterinsurgency Measures:
• Specialized Forces Deployment: The government has established units like the District
Reserve Guard (DRG) in Chhattisgarh, comprising local recruits familiar with the terrain and
insurgent tactics. These units have been instrumental in conducting targeted operations
against Naxalite groups. 
• Intelligence-Based Operations: Security forces have intensified intelligence gathering to
preempt insurgent activities. For instance, in January 2025, a significant operation in
Chhattisgarh led to the elimination of 31 suspected Maoist rebels, showcasing the
effectiveness of coordinated intelligence efforts. 
2. Developmental Initiatives:
• Infrastructure and Welfare Programs: Recognizing the socio-economic roots of
insurgency, the government has launched various development schemes in affected
regions. These include infrastructure projects, employment programs, and social welfare
initiatives aimed at improving living standards and reducing the appeal of insurgent
ideologies. 
• Community Engagement: Efforts to integrate local communities into the development
process have been emphasized. By addressing grievances related to land rights,
employment, and governance, the state aims to build trust and reduce local support for
insurgent groups. 
Despite these efforts, challenges persist. Critics argue that an overemphasis on militaristic
approaches can lead to human rights violations and alienate local populations. There are calls
for a more balanced strategy that equally prioritizes development and dialogue alongside
security operations.
These reservations are constitutionally mandated and aim to ensure adequate representation
and opportunities for these groups. Additionally, the Economically Weaker Sections (EWS)
category was introduced through the 103rd Constitutional Amendment in 2019, providing a
10% reservation for individuals from the general category with lower economic status.  
In the United States, affirmative action encompasses policies that actively seek to improve
opportunities for historically excluded groups, particularly racial minorities and women. These
policies are implemented in various sectors, including education and employment, to
promote diversity and redress past discrimination.  
Recent Developments
The caste system, a form of social stratification, has ancient roots in India. Traditionally, society was
divided into four primary varnas:
1.Brahmins: Priests and scholars.
2.Kshatriyas: Warriors and rulers.
3.Vaishyas: Traders and agriculturists.
4.Shudras: Laborers and service providers.
Beyond these varnas, a significant segment of the population was categorized as “Untouchables” or
Dalits, who were subjected to severe social discrimination and exclusion.
Over time, this fourfold division evolved into a more complex system of jatis (sub-castes), leading to
thousands of distinct social groups. This evolution further entrenched social hierarchies and dictated
aspects of daily life, including occupation, dietary habits, and marital alliances. 
The caste system institutionalized social exclusion, particularly affecting Dalits and marginalized
communities. They faced systemic discrimination, including:
• Denial of Access: Restricted entry to temples, schools, and wells. 
• Occupational Limitations: Confined to menial and stigmatized jobs. 
• Social Segregation: Forced to live in separate areas and avoid physical contact with higher castes.
These practices not only marginalized individuals but also perpetuated cycles of poverty and limited
social mobility.
Colonial Influence
British colonial rule had a profound impact on India’s social structures. The British administration
codified and reinforced caste distinctions through censuses and legal frameworks, inadvertently
solidifying social divisions. While some reforms were introduced, colonial policies often prioritized
administrative convenience over social equity.
Post-Independence Reforms
Recognizing the detrimental effects of caste-based discrimination, independent India took significant
steps to promote social justice:
• Constitutional Provisions: The Constitution abolished “untouchability” and prohibited caste-
based discrimination.
• Affirmative Action: Reservations in education, employment, and politics were instituted for
Scheduled Castes (SCs), Scheduled Tribes (STs), and Other Backward Classes (OBCs) to enhance
representation and opportunities.
Despite these measures, caste-based disparities persist in various forms, influencing socio-economic
outcomes and access to resources. 
Contemporary Challenges
While legal frameworks have been established to combat caste discrimination, societal attitudes and
practices have been slower to change. Instances of caste-based violence, social ostracism, and
economic disparities remain prevalent. Efforts continue at governmental and societal levels to
address these issues through education, policy reforms, and grassroots activism.
Reservation policies in education, employment, and politics
India’s reservation policies are affirmative action measures designed to address historical
injustices and provide equitable opportunities in education, employment, and politics for
marginalized communities. These policies primarily benefit Scheduled Castes (SCs),
Scheduled Tribes (STs), Other Backward Classes (OBCs), and, more recently, Economically
Weaker Sections (EWS) of society.
Educational Reservations:
• Scheduled Castes (SCs): 15% of seats in higher educational institutions are reserved for
SC candidates. 
• Scheduled Tribes (STs): 7.5% of seats are reserved for ST candidates. 
• Other Backward Classes (OBCs): 27% of seats are reserved for OBC candidates.
• Economically Weaker Sections (EWS): An additional 10% of seats are reserved for EWS
candidates, introduced through the 103rd Constitutional Amendment in 2019.
Employment Reservations:
Political Reservations:
The Supreme Court has upheld these provisions, recognizing the need for affirmative action
to achieve social equality. However, debates continue regarding the criteria and extent of
reservations.
While reservations have facilitated increased participation of marginalized groups, they have
also sparked debates:
• Merit vs. Reservation: Concerns about compromising meritocracy in education and
employment.
• Economic Criteria: Discussions on whether economic disadvantage should be a sole
criterion, leading to the introduction of EWS reservations.
• Duration and Extent: Debates on the necessity and duration of reservations, with some
advocating for periodic review.
In 1979, the Janata Party government, under Prime Minister Morarji Desai, constituted the
Mandal Commission with the mandate to identify India’s socially and educationally backward
classes and recommend measures for their advancement. 
The commission’s comprehensive study led to several significant conclusions and proposals:

• Identification of OBCs: The commission estimated that OBCs constituted approximately
52% of India’s population, highlighting the extent of social and educational deprivation
among these groups. 
• Reservation in Public Employment and Education: A central recommendation was to
reserve 27% of vacancies in government jobs and seats in public educational institutions
for OBCs, aiming to enhance their representation and opportunities. 
• Additional Measures: The commission also suggested initiatives such as age relaxation
for OBC candidates comparable to those provided to SCs and STs, and the
implementation of a roster system to monitor OBC representation in public services. 
The recommendations were implemented in 1990 by Prime Minister V.P. Singh’s government,
leading to significant socio-political developments: 
• Public Response: The announcement sparked widespread protests and debates across
the country, reflecting deep divisions over affirmative action policies. 
• Judicial Review: The implementation faced legal challenges, culminating in the Supreme
Court’s landmark judgment in Indra Sawhney v. Union of India (1992), which upheld the
reservations while introducing the concept of the “creamy layer” to exclude the more
affluent among OBCs from benefiting. 
The Mandal Commission’s recommendations and their implementation have had enduring
impacts on India’s socio-political landscape: 
• Expansion of Reservations: Over the years, reservation policies have been extended,
including the introduction of a 10% quota for Economically Weaker Sections (EWS) in
2019, reflecting ongoing efforts to address diverse forms of social and economic
disadvantage. 
• Ongoing Debates: Discussions persist regarding the effectiveness, fairness, and scope of
affirmative action policies, including considerations of economic criteria and the potential
need for revisiting the definitions and beneficiaries of such measures.
In January 2019, the Government of India introduced a 10% reservation for Economically
Weaker Sections (EWS) in education and government employment through the 103rd
Constitutional Amendment. This initiative aims to provide opportunities to individuals from the
general category who are economically disadvantaged but do not fall under the existing
reservations for Scheduled Castes (SCs), Scheduled Tribes (STs), or Other Backward Classes
(OBCs).
To qualify for EWS reservation, applicants must meet the following conditions:
• Income Limit: The family’s annual income must be less than ₹8 lakh. 
• Asset Ownership: The family should not possess: 
• Agricultural land of 5 acres or more. 
• Residential property of 1,000 square feet or more. 
• Residential plots of 100 square yards or more in notified municipalities. 
• Residential plots of 200 square yards or more in areas other than notified municipalities. 
Religious Minorities:
• Muslims and Christians:
Dalit Muslims and Dalit Christians have historically been excluded from the Scheduled Caste
(SC) category, which provides specific affirmative action benefits. The 1950 Presidential
Order initially restricted SC status to Hindus, later extending it to Sikhs and Buddhists, but
not to Muslims and Christians. This exclusion has been a point of contention, leading to
debates about the secular nature of affirmative action policies.  
Some states have attempted to address this by including certain Muslim communities in the
Other Backward Classes (OBC) category, thereby granting them access to reservations.
However, this approach varies across states and does not uniformly apply to all Muslim
communities.
In February 2023, a report titled “Rethinking Affirmative Action for Muslims in Contemporary
India” recommended sub-categorizing the OBC reservation to include more Muslim groups
and advocated for the inclusion of Dalit Muslims and Christians under the SC quota. The
report also suggested revisiting the 50% ceiling on reservations to accommodate these
changes. 
Gender Minorities:
• Transgender Individuals:
The landmark 2014 Supreme Court judgment in National Legal Services Authority v. Union of
India recognized transgender people as a ‘third gender’ and affirmed their fundamental rights
under the Constitution. The Court directed central and state governments to treat
transgender individuals as socially and educationally backward classes, making them eligible
for reservations in education and public employment. 
Despite this directive, the implementation has been inconsistent. Advocates have called for
horizontal reservations for transgender individuals, which would cut across existing
categories (such as SC, ST, OBC, and general) to provide proportional representation within
each. This approach aims to address the unique challenges faced by transgender people,
irrespective of their caste or religious background. 
In July 2023, the Telangana High Court, in the case of Vyjayanti Vasanta Mogli v. State of
Telangana, directed the state government to implement affirmative action through vertical
reservation for transgender individuals by classifying them as an Other Backward Class
(OBC) until comprehensive legislation is enacted. 
The Indian judiciary has played a pivotal role in interpreting and shaping the country’s
reservation policies, balancing the objectives of social justice with constitutional principles of
equality. Through landmark judgments, the courts have delineated the contours of affirmative
action, addressing issues such as the extent of reservations, the identification of
beneficiaries, and the implementation mechanisms.
A seminal case in this context is the Indra Sawhney judgment, also known as the Mandal
Commission case. In 1979, the Mandal Commission recommended a 27% reservation for
Other Backward Classes (OBCs) in central government jobs. The implementation of these
recommendations led to widespread debates and legal challenges. In its 1992 verdict, the
Supreme Court upheld the 27% reservation for OBCs but introduced several key principles: 
• 50% Ceiling: The Court established that total reservations should not exceed 50% of
available seats or positions to maintain a balance between affirmative action and
meritocracy. 
• Exclusion of Creamy Layer: It mandated the exclusion of the “creamy layer” (the more
affluent and better-educated members) within OBCs from reservation benefits to ensure
that affirmative action reaches the genuinely disadvantaged. 
• No Reservations in Promotions: The judgment clarified that reservations should apply
only at the entry level of public employment and not extend to promotions. 
India’s approach, known as the reservation system, is rooted in its Constitution and aims to
uplift historically disadvantaged communities, primarily based on caste. Key features include:
• Constitutional Provisions: The Indian Constitution provides for reservations in
legislatures, educational institutions, and public services for Scheduled Castes (SCs),
Scheduled Tribes (STs), and Other Backward Classes (OBCs). These measures are
designed to ensure adequate representation and opportunities for these groups.
• Quota System: Unlike the U.S., India’s affirmative action involves specific quotas. For
instance, 15% of positions in public sector employment and educational institutions are
reserved for SCs, 7.5% for STs, and 27% for OBCs, totaling 49.5%. This system is
constitutionally mandated and has been upheld by the judiciary.
• Judicial Oversight: The Indian judiciary has played a significant role in interpreting and
regulating reservation policies. In the Indra Sawhney case (1992), the Supreme Court
upheld the 27% reservation for OBCs but introduced the concept of the “creamy layer,”
excluding the more affluent members of OBCs from reservation benefits. The Court also
set a 50% ceiling on total reservations to maintain a balance with merit-based selection. 
In the U.S., recent actions have moved towards eliminating race-based considerations in
favor of merit-based systems. For example, the University of Austin in Texas implemented an
admissions policy emphasizing standardized test scores over identity-based considerations,
aligning with the Supreme Court’s decision against affirmative action. 
In India, debates continue over the expansion of reservations, including considerations for
economically weaker sections (EWS) among the unreserved categories. The introduction of a
10% EWS reservation in 2019 sparked discussions about the balance between economic
criteria and social justice objectives.
The EWS reservation has sparked extensive debates regarding its implications for social
justice and the foundational principles of affirmative action in India. Critics argue that this
move may dilute the original intent of reservations, which aimed to rectify deep-seated social
hierarchies and discrimination. Concerns have been raised about the potential for the EWS
quota to benefit individuals who may not have faced systemic social discrimination, thereby
challenging the policy’s effectiveness in promoting genuine equity. 
Judicial Interpretations:
The judiciary has played a crucial role in interpreting and shaping reservation policies. In
recent judgments, the Supreme Court has examined the constitutionality of the EWS quota
and its alignment with the 50% ceiling on reservations established in previous rulings. The
Court’s decisions have significant implications for the future structuring of affirmative action,
potentially redefining the balance between merit and social justice. 
Emerging Trends:
India has established legal frameworks to address displacement, such as the Right to Fair
Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act,
2013. Despite these measures, challenges persist in implementation, with reports of
inadequate compensation and rehabilitation. The effectiveness of these policies varies, often
failing to protect the rights of displaced individuals. 
Contemporary Developments:
Dams:
The construction of large dams has been a significant cause of displacement in India. Over
3,600 dams have been built, leading to the displacement of millions. Notably, Adivasi
communities have been disproportionately affected, constituting 40-50% of those displaced
by such projects. 
SEZs, established to promote industrial growth, have also led to significant displacement.
The development of these zones often involves the acquisition of agricultural land, affecting
the livelihoods of farming communities. Critics argue that SEZs violate the rights to life and
livelihood of displaced individuals. 
Mining:
Mining activities have resulted in the displacement of indigenous communities. For instance,
coal mining projects have displaced Adivasi families, leading to loss of livelihoods and
cultural disintegration. Between 1950 and 2000, coal mining development in India displaced
more than 2 to 2.5 million people, particularly in Jharkhand. 
Urban Expansion:
Rapid urbanization has led to the displacement of communities, especially in areas like
Guwahati, Assam. The city’s expansion since the 1950s involved the displacement of tribal
populations from their native habitats. 
Extent of Displacement:
Over the past several decades, large-scale development projects have displaced millions in
India. Between 1947 and 1997, approximately 50 million individuals were displaced due to
such initiatives, with large dams alone accounting for the displacement of around 16 million
people. Tribal communities have been disproportionately affected, constituting a significant
portion of those displaced. For instance, in Odisha, numerous dams and irrigation projects
have led to extensive displacement among tribal populations.  
Socio-Economic Impacts:
Environmental Concerns:
Rehabilitation and resettlement efforts have frequently been inadequate. Issues such as
insufficient compensation, lack of community participation in planning, and failure to restore
livelihoods have been prevalent. Moreover, the socio-cultural needs of tribal communities are
often overlooked, leading to settlements that do not align with their traditional lifestyles and
practices.
India’s framework for land acquisition has undergone significant transformations, evolving
from the colonial-era Land Acquisition Act of 1894 to the more contemporary Right to Fair
Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act of
2013 (LARR 2013). This progression reflects a shift towards more equitable and transparent
processes in land acquisition. 
Enacted during British colonial rule, the Land Acquisition Act of 1894 provided the
government with the authority to acquire private land for public purposes or for companies,
often with minimal consultation with landowners. Compensation was determined based on
the market value of the land at the time of acquisition, which frequently resulted in payments
that did not reflect the land’s true value. Additionally, the Act lacked provisions for the
rehabilitation and resettlement of displaced individuals, leading to widespread dissatisfaction
and hardship among affected communities.
Recognizing the inadequacies of the 1894 Act, particularly concerning fair compensation and
the neglect of rehabilitation and resettlement, the Indian government introduced the Right to
Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement
Act in 2013. This legislation aimed to address the shortcomings of its predecessor by
ensuring more just and transparent procedures in land acquisition. 
The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and
Resettlement Act of 2013 (LARR 2013) was enacted to address longstanding issues in land
acquisition processes in India, particularly concerning consent, compensation, and
rehabilitation. While the Act introduced significant reforms, challenges persist in its
implementation.
Consent:
LARR 2013 mandates obtaining consent from affected families for land acquisitions: 80%
consent for private projects and 70% for public-private partnerships. However, consent is not
required for government projects, which has led to concerns about potential forced evictions
without proper rehabilitation arrangements. 
Compensation:
The Act stipulates compensation at two to four times the market value in rural areas and two
times in urban areas to ensure fair remuneration for landowners. Despite this, challenges
remain regarding the adequacy and timeliness of compensation. Delays in the acquisition
process and inconsistencies in compensation calculations have been reported, undermining
the rights of affected individuals. 
LARR 2013 includes provisions for comprehensive rehabilitation and resettlement (R&R)
packages. Nonetheless, issues such as inadequate R&R measures and insufficient support
for displaced individuals persist. Critics argue that the Act’s R&R measures are insufficient,
failing to fully protect the interests of landowners. 
Implementation Challenges:
Despite the Act’s progressive provisions, several implementation challenges hinder its
effectiveness:
• Delays and Increased Costs: The consent requirements and mandatory Social Impact
Assessments (SIAs) have been associated with project delays and increased costs, leading
to opposition from industry stakeholders. 
• Exemptions for Certain Projects: Amendments to the Act have introduced exemptions for
specific projects, such as those related to national security and defense, from SIA and
consent provisions. This raises concerns about potential misuse and the undermining of
community rights.
• Ambiguities in Definitions: The Act’s definition of ‘public purpose’ is considered broad and
open to interpretation, potentially allowing for acquisitions that may not align with the
original intent of serving the public interest.
Environmental vs. developmental priorities
Historical Context:
Contemporary Challenges:
In recent times, the environmental versus development debate has intensified. Incidents like
the Uttarakhand flash floods have reignited discussions on the environmental consequences
of unchecked developmental activities in ecologically sensitive regions. Experts argue that
framing the discourse as a binary choice between environment and development is
misleading; instead, they advocate for integrated approaches that harmonize both objectives.

India has recognized the importance of sustainable development and has undertaken several
initiatives:
• Renewable Energy Expansion: The country has set ambitious targets to increase its
renewable energy capacity, aiming for 450 GW by 2030. This shift not only addresses
energy needs but also mitigates environmental impacts associated with fossil fuels. 
• Afforestation Programs: Extensive tree-planting initiatives are being implemented to
combat deforestation and enhance carbon sequestration, contributing to climate change
mitigation efforts. 
• Sustainable Development Goals (SDGs): India is actively working towards achieving the
United Nations’ SDGs, integrating environmental sustainability with economic and social
development.
Balancing Act:
The Indian judiciary has been instrumental in interpreting and enforcing environmental laws,
thereby safeguarding ecological balance and public health. Key contributions include: 
1. Development of Environmental Doctrines: The courts have established significant
principles such as:
• Polluter Pays Principle: Mandates that those responsible for pollution bear the costs of
managing it to prevent damage to human health or the environment.
• Precautionary Principle: Advocates for preventive action in the face of uncertainty to avoid
environmental harm. 
• Public Trust Doctrine: Holds that certain natural resources are preserved for public use,
and the government is obliged to protect these resources for the public’s reasonable use.

2. Public Interest Litigations (PILs): The judiciary has allowed environmental activists and
concerned citizens to file PILs, facilitating judicial intervention in environmental matters even
when direct harm is not experienced by the petitioners.
3. Establishment of the National Green Tribunal (NGT): Formed under the National Green
Tribunal Act of 2010, the NGT is dedicated to the expeditious disposal of cases pertaining to
environmental protection and conservation of forests and natural resources. 
NGOs serve as crucial intermediaries between the government and the public, actively
engaging in environmental conservation through:
1. Advocacy and Awareness: They raise public consciousness about environmental issues,
mobilizing support for conservation efforts and sustainable practices.
2. Policy Influence: NGOs contribute to the formulation and reform of environmental
policies by providing research-based evidence and lobbying for stronger environmental
regulations.
3. Community Engagement: They work at the grassroots level to implement conservation
projects, promote sustainable livelihoods, and empower local communities to participate in
environmental decision-making.
4. Monitoring and Litigation: NGOs monitor environmental compliance and, when
necessary, initiate legal actions to address violations, often utilizing PILs to bring issues
before the judiciary.
The collaborative efforts of the judiciary and NGOs have significantly advanced environmental
protection in India. While the judiciary provides a legal framework and enforcement
mechanisms, NGOs offer the necessary advocacy, research, and grassroots mobilization to
ensure environmental sustainability.
India has witnessed significant people’s movements advocating for environmental and social
justice. Two prominent examples are:
POSCO Protests:
In the early 2000s, South Korean steel giant POSCO proposed a $12 billion steel plant in
Odisha, India. The project faced strong opposition from local communities, who were
concerned about displacement, environmental harm, and inadequate compensation.
Protesters organized blockades, demonstrations, and legal challenges to voice their dissent.
Reports indicated that peaceful protests were sometimes met with excessive force by
authorities. By 2017, amid sustained resistance and challenges in land acquisition, POSCO
exited the project, marking a significant victory for the protesting communities.  
These movements underscore the tensions between large-scale development projects and
the rights of local communities, emphasizing the need for inclusive and sustainable
development practices.
To achieve a balance between development and social justice, the following strategies are
essential:
• Inclusive Education Policies: Developing policies that address the inclusion of marginalized
communities in mainstream educational institutions can enhance social equity. 
• Financial Inclusion: Implementing schemes that provide financial services to underserved
populations can empower individuals economically and integrate them into the broader
economy. 
• Public Participation: Engaging communities in the decision-making processes of
development projects ensures that their needs and rights are considered, fostering a sense
of ownership and responsibility.
Sustainable development and participatory planning
Sustainable development aims to meet present needs without compromising the ability of
future generations to meet theirs, integrating economic growth, environmental protection, and
social equity. Participatory planning is integral to this approach, ensuring that development
initiatives are inclusive, transparent, and reflective of diverse community needs.
In India, participatory planning has been instrumental in shaping development projects that
are both effective and sustainable. By involving local communities in decision-making
processes, these initiatives harness indigenous knowledge, address specific local challenges,
and foster a sense of ownership among stakeholders.
2. Ralegan Siddhi, Maharashtra: Once afflicted by drought and poverty, Ralegan Siddhi
underwent a remarkable transformation through community-led watershed development and
sustainable practices. The villagers implemented programs like tree planting, terracing to
reduce soil erosion, and digging canals to retain rainwater. For energy, the village adopted
solar power, biogas, and windmills. These efforts resulted in year-round water availability,
improved agriculture, and enhanced livelihoods, making it a model of environmental
conservation and participatory development. 
While participatory planning offers numerous benefits, challenges such as ensuring genuine
representation, managing diverse interests, and integrating local plans with broader policy
frameworks persist. However, with robust institutional support, capacity building, and a
commitment to inclusive governance, participatory planning can significantly contribute to
achieving sustainable development goals.
Ethical business practices are fundamental to CSR, as they guide companies to operate with
integrity and accountability. By embedding ethics into their core strategies, businesses can
ensure that their CSR initiatives are genuine and impactful, fostering trust among
stakeholders and contributing to long-term sustainability. 
While the CSR mandate has led to increased corporate involvement in social development,
challenges persist: 
• Strategic Alignment: Aligning CSR initiatives with a company’s core competencies and
ethical standards can enhance effectiveness and authenticity. 
• Impact Assessment: Developing robust mechanisms to evaluate the social and
environmental impact of CSR activities is crucial for accountability and continuous
improvement.
• Stakeholder Engagement: Actively involving stakeholders, including local communities, in
the planning and implementation of CSR projects ensures that initiatives are relevant and
beneficial.