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Paper short abstract:

Applying a rule of law lens to land acquisition, this paper analyses India's national reform of its archaic eminent domain law. It concludes that this reform resulted from a legal empowerment process encompassing better awareness of legal rights and market prices of land among rural landowners.

Paper long abstract:

Legal reform assistance programs have historically emphasized state-centric 'supply-side' activities for establishing the rule of law. Recent literature has highlighted that this view ignores the power dynamics underlying reform processes, pointing instead to the role of constituencies within society ('demand-side') that call for, and enforce limitations to the arbitrary exercise of state power.

The rule of law seeks to restrain government action through law, while eminent domain is the State's legal power to take an individual's property. Both of these concepts are seen as enablers of economic development. However, in the context of the global land rush, they are often at odds - the widespread use of eminent domain powers without procedural justice has the potential to undermine people's faith in the rule of law.

Placing the issue of eminent domain within a rule of law framework, I analyse India's national level reform of its archaic eminent domain law. A broad based social movement against the compulsory acquisition of agricultural land in rural West Bengal, culminated in the passage of a new land acquisition law in 2013.

This reform can be viewed as resulting from a legal empowerment process involving rights-based legislation and activism of non-state actors. Specifically, better awareness among rural landowners of their legal rights and the market prices of agricultural land, spurred demand for a new law. Illustrating this case, I argue in favour of the strategic use of legal empowerment and demand-side approaches for sustainable legal reform.