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LATEST NEWS UPDATES | Centre’s farm laws transgress Constitution’s federal structure -Dushyant Dave

Centre’s farm laws transgress Constitution’s federal structure -Dushyant Dave

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published Published on Jan 22, 2021   modified Modified on Jan 22, 2021

-The Indian Express

Dushyant Dave writes: Centre's farm laws will create monopolies in agriculture production and trade, and hurt farmers.

The Constitution of India is a “fundamental document”, as declared by B R Ambedkar on September 17, 1949 during the Constituent Assembly debates. To him, this document defined the powers and functions of the three organs of the state — the legislature, executive and judiciary: “…in fact, the purpose of a Constitution is not merely to create the organs of the State but to limit their authority because if no limitation was imposed upon the authority of organs, there will be complete tyranny and oppression… it would result in utter chaos.”

The Farmers (Empowerment and Protection) Agreement on Price Assurance and Farm Services Act, 2020 (Act 20 of 2020), Farmers’ Produce Trade and Commerce (Promotion and Facilitation) Act, 2020 (Act 21 of 2020) and the Essential Commodities (Amendment) Act (ECA), 2020 (No. 22 of 2020), have been enacted by Parliament, and seemingly step beyond its authority, creating chaos.

Let us examine them from a constitutional perspective. The Supreme Court (SC) has consistently held agriculture to be a state subject. A constitution bench in ITC Ltd. v. Agricultural Produce Market Committee (2002) held: “The Constitution of India deserves to be interpreted, language permitting, in a manner that it does not whittle down the powers of the State Legislature and preserves the federalism while also upholding the Central supremacy,” holding that Parliament is incompetent to legislate on agriculture.

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The Indian Express, 22 January, 2021, https://indianexpress.com/article/opinion/columns/for-super-middlemen-farm-laws-farmer-protests-7156464/


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