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The Supreme Court requested the Centre to reply to petitions describing the passage of the controversial new agricultural legal guidelines by Parliament as the start of an anti-farmer “exploitative regime”.
Though the court docket stated the mere passage of the legal guidelines doesn’t give rise to a “cause of action”, questions on the legal guidelines would have a tendency to rise sooner or later in courts, and therefore, it could be higher for the federal government to tackle these points now.
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“You may have to answer these pleas sometime or the other… You better file a reply,” Chief Justice Sharad A. Bobde addressed Attorney-General {K}.{K}. Venugopal, showing for the Centre, on Monday.
The court docket was coping with numerous petitions filed by Rakesh Vaishnav, an office-bearer of the Chhattisgarh Kisan Congress, represented by advocate {K}. Parameswar; DMK MP Tiruchi Siva, represented by senior advocate P. Wilson; and a separate plea by advocate M.L. Sharma.
The petitions have challenged the Farmers Produce Trade and Commerce (Agriculture and Promotion) Act, 2020, the Farmers (Empowerment and Protection) Agreement on Price Assurance and Farm Services Act and the Essential Commodities (Amendment) Act of 2020.
The listening to kicked off on a sceptical notice from the Bench.
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The CJI, on noting that the federal government was represented by Mr. Venugopal flanked by Solicitor General Tushar Mehta and Additional Solicitor General {K}.M. Natraj, stated it appeared an ‘overkill’ to have so many prime legislation officers showing for a case exhibiting no “cause of action”.
Addressing Mr. Sharma’s petition, the CJI suggested the lawyer to “go get a cause of action” after which method the High Court involved as a substitute of the apex court docket.
“Merely passing a legislation does not permit a cause of action…We do not want to reject your case, we want you to withdraw,” Chief Justice Bobde instructed Mr. Sharma.
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Mr. Parameswar nevertheless prevailed on the court docket concerning the necessity to take judicial discover of the legal guidelines at this stage.
“Farmers’ produce was being sold in the mandis of Chhattisgarh but this Act goes against the Constitution,” Mr. Parameswar submitted. The Bench requested the federal government to file its response.
Mr. Siva, by means of Mr. Wilson, stated the legal guidelines had been “prima facie unconstitutional, illegal and arbitrary” as they might “usher in a new exploitative regime for the poor farmers of the country, who are entirely dependent on earning their livelihood, by selling their produce in the market”.
The modification to the Essential Commodities Act would facilitate black advertising. It would have black market sellers regulate the inventory restrict and stocking of agricultural produce, Mr. Siva’s petition stated.
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“Suffice it to say that the Acts attack the very foundation of the agricultural fabric of the country that was built to safeguard the interests of the farmers and not leave them at the mercy of the new era of privatisation,” the petition stated.
It stated the Acts would create an alternate that’s exterior the Agricultural Produce Market Committee (APMC).
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