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38 minutes agoAuthor: Priyank Dwivedi
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All the cases related to the farmers movement and agricultural laws will be heard in the Supreme Court today. In fact, many petitions related to the Kisan movement were filed in the court. In some petitions, there has been a demand to end the agitation, in many petitions to repeal the three laws. All these petitions will now be heard by the bench of Chief Justice SA Bobde, Justice AS Bopanna and Justice V Ramasubramaniam. The last hearing of the case was held on 17 December. The question is, can the issue be resolved by the Supreme Court?
Let us fully understand this matter one by one.
First of all, those 3 laws related to farming …
1. Farmers Produce Trade and Commerce (Promotion and Facilitation) Act: Farmers can sell crops outside government mandis (APMC). Such purchases will not be taxed.
2. Farmers (Empowerment and Protection) Agreement of Price Assurance and Farm Service Act: Farmers can contract and sell their crops at a fixed price.
3. Essential Commodities (Amendment) Act: Cereals, pulses, oilseeds, edible oils, potatoes and onions have been excluded from the list of essential commodities. Stock limit will be fixed only in case of war, hunger, natural calamity or high inflation.
Two reasons, how the issue of farmers reached the Supreme Court?
First: Since 26 November, farmers have gathered on the streets of Delhi. Because of them, common people are facing problems. Petitions were filed regarding this. On this, the court said that till there is no violence, it is the right of the farmers to protest.
Second: Farmers’ organizations have been adamant on repealing all three laws. Regarding this, Rajya Sabha MP from RJD, Manoj Jha from DMK, Tiruchi Siva from DMK and Rakesh Vaishnav of Chhattisgarh Kisan Congress filed a petition and demanded that the court order the government to repeal all the three laws.
Now what is the stand of the government and farmers on going to the Supreme Court?
Government stand: On 8 January there was talk between the farmers’ organizations and the government. During the conversation, Agriculture Minister Narendra Singh Tomar said that the Supreme Court is hearing on this matter. You can keep talking there. Everyone will accept what the court says.
Farmers’ Stance: The farmer is not in favor of going to court. The farmers are adamant on demanding the repeal of the three laws. General Secretary of All India Kisan Sabha Hannan Mulla says that the fight will continue till the law is returned.
Now, can the issue be resolved by the Supreme Court?
Farmer leaders say that our fight is directly with the government. We had not even challenged the constitutionality of the law before. We are still not challenging that. The job of the court is only to decide whether a law is within the scope of the constitution. We did not go to court ourselves, so it does not matter what the Supreme Court says on that. We just want the government to withdraw these three laws, because these laws are not for the farmers, but in the interests of the capitalists.
Can the Supreme Court ask the government to withdraw the law?
In this regard, the constitution expert Subhash Kashyap says that if the Supreme Court feels that the law is against the constitution, violating the constitution, then it can repeal the law, but if the constitution is true, then The Supreme Court should do nothing.
At the same time, Faizan Mustafa, Vice Chancellor of the National Academy of Legal Studies and Research (NALSAR) University of Law, Hyderabad, says that if someone is against the constitution and violates the fundamental rights, then what is the challenge in the High Court? can be done. Faizan states that the Supreme Court or High Court can repeal that law.
If the law is repealed in the Supreme Court, then what is the way left with the government?
Faizan Mustafa says that if a law is repealed by the Supreme Court, the government can make that law again from the Parliament if it wants. However, this is very unlikely to happen.
He says that in 2014 the government created the National Judicial Appointment Commission. For this the law also came and amended the constitution. Both the law and the amendment were repealed by the Supreme Court. After that the government did not make any law on it.
After all, what are the demands of the farmers? What is the government saying to them?
1. All three laws related to farming should be repealed. According to the farmers, corporate houses will benefit from this.
Government stand: Laws cannot be withdrawn. Can amend.
2. The law of MSP should be made, so that it can get fair price
Government stand: If you are ready to end the movement, then you can give assurance.
3. The new electricity law should not come, because it will end the subsidy on electricity to farmers.
Government stand: The Electricity Act 2003 will remain in force. The new law will not come.
4. Jail up to 5 years on stubble burning and a fine of Rs 1 crore should be returned.
Government stand: No farmer will be jailed for burning stubble. The government agrees to remove this provision.