Farm Bills 2020 - Briefed by Ms. Taniya Madaan, Advocate #BeingBrief

Brief on Farm Bill Quick Brief of the Interim order passed by the Hon'ble Supreme Court on the 3 #Farm Laws addressing the deadlock between the Government and the #Farmers Unions and probability of foreign agencies financing the #Agitation. 

1. Three category of petition concerning the constitutional validity of farm laws: - First category of petitions under #Article32 challenge the constitutional validity of Central Government to legislate on this subject which was substituted in #Concurrent List (List III) after the 3rd Constitutional Amendment Act, 1954 removing it from being an exclusive domain of the #State List (List II). - Second category of petitions support the constitutionality of farms laws citing the #Benefits and advantages they are likely to introduce in the farming sector. - Third category of petitions is by local residents of areas affected by protests complaining infringement of their #Fundamental Right to move freely throughout the territory and continue trade and business due to consequent blockage of roads/highways connected with Delhi. 

2. The ground report notes the presence of senior citizens, women and children at site, exposed to serious health hazards due to extreme weather and #Covid19. 

3. While no casualties have been reported due to any kind of violence, few deaths have taken place either out of illness or by way of #Suicide. 

4. The reports submits that an organisation by the name #Sikhs For Justice is financing the agitation, same was being confirmed by the Ld. AG of India. When concerns of a #Tractor Rally on January 26, 2021 was raised by the Ld. AG alleging plans of disruption of the 72nd #Republic Day Parade, same was denied by Senior Counsel #Dushyant Dave.

5. Citing no conclusion between the Government and Farmers on the farm laws, the Bench preferred constituting a Committee of experts in the field of agriculture to negotiate between the #Farmers Bodies and the #Government Of India which may improve the trust and confidence of the farmers and help reach a conclusion. 

6. In the meantime, a stay of implementation of all the three farm laws, considering the present scenario, shall relax the tensions of the farmers and encourage them to come to the negotiating table. 

7. While few parties agreed to the suggestion of the Judges, Ld. AG argued that none of the petitioners who have attacked the farm laws have pointed out any single provision which is detrimental to the farmers and that the laws enacted by Parliament cannot be stayed by this Court, especially when there is a presumption in favour of the #Constitutionality of legislation.

 8. The Court viewed that they cannot be said to be completely powerless to grant stay of any #Executive action under a statutory enactment and cited the recent decision in the case of Dr. Jaishri Laxmanrao Patil Vs. The Chief Minister & Anr. (Civil Appeal No.3123 of 2020), wherein the court directed that admissions to educational institutions for the Academic Year 2020-21 and appointments to public services and posts under the Government shall be made without reference to the reservation provided under the impugned legislation. 

9. The Court considering the circumstances of a deadlock between Government and Farmers passed the following interim Orders: - The implementation of the three farm laws (1) Farmers’ Produce Trade and Commerce (Promotion and Facilitation) Act, 2020; (2) Essential Commodities (Amendment) Act, 2020; and (3) Farmers (Empowerment and Protection) Agreement on Price Assurance and Farm Services Act, 2020, shall stand #Stayed until further orders. - The Minimum Support Price System in existence before the enactment of the Farm Laws shall be maintained until further orders. In addition, the farmers’ land holdings shall be protected, i.e., no farmer shall be dispossessed or deprived of his title as a result of any action taken under the Farm Laws. 

10. The court directed that a #Committee be constituted for the purpose of listening to the grievances of the farmers relating to the farm laws and the views of the Government and to make recommendations. The Committee shall submit a Report before this Court containing its recommendations within two months from the date of its first sitting. The first sitting shall be held within ten days from today. Briefed by Ms. Taniya Madaan, Advocate #BeingBrief