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LATEST NEWS UPDATES | Farm Acts – unwanted constitutional adventurism -R Ramakumar

Farm Acts – unwanted constitutional adventurism -R Ramakumar

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published Published on Oct 6, 2020   modified Modified on Oct 6, 2020

-The Hindu

There is a case to argue that the three Acts have poor legal validity, may be unconstitutional and weaken federalism

The passage of the three Farm Acts by Parliament has led to a constitutional debate. These Acts are: the Farmers’ Produce Trade and Commerce (Promotion and Facilitation) Act, 2020; the Farmers (Empowerment and Protection) Agreement on Price Assurance and Farm Services Act, 2020, and the Essential Commodities (Amendment) Act, 2020. Does the Union government have the authority to legislate on what are rightfully the affairs of States? Many States have questioned the constitutional validity of the Farm Acts and are reportedly exploring legal options.

The issue

Agriculture is a State subject in the Constitution, listed as Entry 14 in the State List (List II). This apart, Entry 26 in List II refers to “trade and commerce within the State”; Entry 27 refers to “production, supply and distribution of goods”; and Entry 28 refers to “markets and fairs”. For these reasons, intra-State marketing in agriculture was always considered a legislative prerogative of States.

Seen in this perspective, Parliament’s passage of the Farm Bills was an extraordinary step. For this purpose, the central government invoked Entry 33 in the Concurrent List (List III). Entry 26 and 27 in List II are listed as “subject to the provisions of Entry 33 of List III”. Entry 33 in List III is the following: 33. Trade and commerce in, and the production, supply and distribution of, — (a) the products of any industry where the control of such industry by the Union is declared by Parliament by law to be expedient in the public interest, and imported goods of the same kind as such products; (b) foodstuffs, including edible oilseeds and oils; (c) cattle fodder, including oilcakes and other concentrates; (d) raw cotton, whether ginned or unginned, and cotton seed; and (e) raw jute.

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The Hindu, 6 October, 2020, https://www.thehindu.com/opinion/lead/farm-acts-unwanted-constitutional-adventurism/article32776232.ece?homepage=true


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