PRIOR to the Bihar Land Reforms Act, 1950, the interests in land used to be governed in accordance with the Permanent Settlement introduced by the East India Company wayback in 1793, which had given rise to the following hierarchy of interests :
1. The Zamindar : legally a “proprietor”, but acting as an intermediary of the state in the collection of rent from tenants. The amount payable to the state was fixed in cash, in perpetuity, and was supposed to represent nine-tenths of what the zamindars received in rent from the tenants. The zamindars were, however, allowed the right to fix their own terms with tenants.
2. The Tenure-holder: “primarily a person who has acquired from a proprietor or from another tenure-holder a right to hold land for the purpose of collecting rents or bringing rents or bringing it under cultivation by establishing tenants on it, and includes also the successors-in-interest of persons who have acquired such a right” (vide Bihar Tenancy Act of 1885).
3. The Occupancy Raiyat : a rent-paying holder of land having the right of occupancy on the land held by him “for the purpose of cultivating it by himself, or by members of his family or by hired servants or with the aid of partners, and includes also the successors-in-interest of persons who have acquired such a right” (ibid.).
4. The Non-occupancy Raiyat: a rent-paying holder of land not having the right of occupancy on land temporarily in his possession.
5. The Under-raiyat: a rent-paying holder of land having temporary possession of a holding under a raiyat.
6. The Mazdur: a wage labourer having no right in land.
It was much later, only in 1936, that the Congress in its election manifesto advocated moderate reforms in the system of land tenure, revenue and rent. The Communists in 1930 and the Socialists in 1934 had already come up with radical reform proposals including the demand for abolition of zamindari. But when in the 1937 elections the Congress was voted to power, it did not pursue any meaningful agrarian reform, instead negotiating an agreement with the zamindars as we have already noted.
In 1947 the government of Bihar passed the Bihar Abolition of Zamindari Bill. It was then amended and published as the Bihar Abolition of Zamindari Act, 1948 only to be repeated and replaced by the Bihar Land Reforms Act, 1950, the validity of which was finally upheld by the Supreme Court only in 1952. The zamindars opposed the Act tooth and nail, while some of them succeeded in acquiring tacit support from important Congress leaders like Rajendra Prasad, the largest and most conservative among them joined the Janata Party launched by the Maharaja of Ramgarh who, however, rejoined the Congress in subsequent years.