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Farm laws, their constitutional validity, and hope -PDT Achary

-The Hindu

In the event of further judicial intervention, there are grounds and an opportunity for the government to revisit the laws

With the Supreme Court of India staying the operation of the farm laws and setting up a committee of experts to negotiate with the government and the farmers, the agitation being carried on by the farmers is entering a new phase. The farmers’ unions have not reacted favourably to the formation of the experts’ committee. As it happens, the committee does not comprise entirely impartial experts. Most of them are well known and strong defenders of the farm laws, and are critical of the agitation.

The situation now

For conducting negotiations with both the government and the farmers, the members of the committee ought to and should be known to have an open mind on the core issues, which alone will create a necessary confidence in the parties concerned. The farmers have, however, made it clear that they will not agree to anything less than the repeal of these laws. This would mean that the present agitation is likely to continue indefinitely. It is not yet clear what impact the report of this committee will have on the final decision of the Supreme Court on the question of the constitutional validity of the farm laws. That is the real issue before the Supreme Court. So whatever the experts’ committee recommends, the question of the constitutional validity of the farm laws can be decided only after a proper hearing of the matter before the Court. The most curious thing about a decision on this issue by the Supreme Court is that if the Court upholds the validity of the laws, the agitation will not stop because the farmers’ demand is for the repeal of the laws.

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