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Supreme Court’s order putting on hold the farm bills is terrible constitutional precedent, bereft of judgment -Pratap Bhanu Mehta

-The Indian Express

Pratap Bhanu Mehta writes: The issues in the farm bills are complex. But no matter which side you are on, you should now worry about how the Supreme Court is interpreting its function. The court is, perhaps unintentionally but damagingly, seeking to break the momentum of a social movement.

The Supreme Court is increasingly looking like one of those fantasy creatures with disjointed shapes, where nothing is what it appears to be. The forms keep mysteriously changing, with benign faces masking more ominous fangs, and shapes shifting as the need arises. So this is a constitutional court that does not pronounce on the constitutionality of laws. Instead, it wades into political and administrative management without the imprimatur of any law. It positions itself as a saviour of democracy only to make a mockery of the parliamentary process. It wades into conflict management, only to hide behind the façade of some expert committee. It pretends that distributive conflicts are technical ones. It finds ruses to defuse genuine democratic protest. Yet it will not facilitate the orderly and law-bound expression of protest.

It will accuse governments of not responding, while it itself perpetually refuses to pronounce on constitutionality and law in a time-bound manner. It speaks the language of neutrality, of being above the fray, but is clearly willing to disrupt the normal political give and take in a democracy. The court’s order putting on hold the farm bills is terrible constitutional precedent, bereft of judgment. It has an odour of cynicism behind it.

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