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Resource centre on India's rural distress
 
 

The ground has fallen out from beneath the farmer’s feet -KTS Tulsi and Tanessa Puri

-The Hindu

The Farm Acts are farmer-unfriendly and in violation of important constitutional safeguards

Amidst the novel coronavirus pandemic, Indian farmers have marched their way to New Delhi. The reason behind the protest is a request to repeal the recently passed Farmers’ (Empowerment and Protection) Agreement of Price Assurance and Farm Services Act, the Farmers’ Produce Trade and Commerce (Promotion and Facilitation) Act and the Essential Commodities (Amendment) Bill.

Akin to stock trading

All three of these laws are palpable attempts to turn the activity of buying and selling farm produce into a form of stock exchange trade. However, the secret to successful farming has been in the handiwork of toil, rather than the ability to operate computers and nit-pick along contractual text, both of which the Farm Acts seem to impute into the life of a farmer.

First, the Acts have been passed by the Centre. However, agriculture remains a matter under the purview of the State List. The Centre has no jurisdiction to rule over agriculture even under the Concurrent List. And so, quite clearly there is an attempt to usurp powers explicitly given to States under Entries 14, 18, 46, 28 of the State List, by the Centre. These Acts lack a legal framework in the way that they came into existence. Additionally the Acts deprive States of their revenue via any cess or levy. Therefore, these Acts are a challenge to the separation of powers which functions as the backbone to a democracy.

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