The Supreme Court on Tuesday stayed the implementation of the three controversial farm laws against which farmers, particularly from Punjab and Haryana, have been protesting at Delhi’s borders since November 2020.
The three laws, Farmers (Empowerment & Protection) Agreement of Price Assurance & Farm Services Act 2020, Farmers Produce Trade & Commerce (Promotion & Facilitation) Act, and Amendment to Essential Commodities Act have been stayed until further orders.The court also ordered the formation of a four-member committee to hear all the parties and stakeholders and report to the court about the same, as per reports carried by Bar & Bench and Live Law.The committee comprises national president of Bharatiya Kisan Union Bhupinder Singh Mann, Dr. Pramod Kumar Joshi, agricultural economist Ashok Gulati and president of Shetkari Sanghatana Anil Ghanwat.
A detailed copy of order will be published later.
The Bench comprising of CJI SA Bobde and Justices AS Bopanna and V. Ramasubramanian, said that it will not hear an argument that farmers are unwilling to go to the committee."We are looking to solve the problem. If you want to agitate indefinitely, you can. Every person who is genuinely interested in solving the problem is expected to go before the committee. The committee will not punish you or pass any orders. It will submit a report to us. We are going to take the opinion of the organizations. We are forming the committee so that we have a clearer picture," the CJI said.As reported on Monday by National Herald, the 'Samyuktha Kisan Morcha' had issued a statement that while all organisations welcome the suggestions of the SC to stay the implementation of the farm laws, they are collectively and individually not willing to participate in any proceedings before a committee that may be appointed by the SC.
The farmers unions, in their joint statement, said that the talks before the committee will be fruitless in view of the attitude taken by the Centre before the court on Monday that it will not repeal the three farm laws."Looking to the attitude and approach of the government which made it clear before the court today repeatedly that they will not agree to the discussion for repeal before the committee", they said.The CJI assured that the court will stay the implementation of the legislation and shall protect farmers' land, but the same shall be done if the farmers agree to participate before an independent committee.
"We will pass an interim order saying the no farmers land can be sold for contract farming...We are concerned about only the validity of the laws and also about protecting the life and property of citizens affected by protests. We are trying to solve the problem in accordance with the powers we have,” he said.“We have the power to suspend the legislation. But the suspension of legislation must not be for an empty purpose. We will form a committee which will submit a report to us," the CJI said.The top court further declined the farmers’ request that the Prime Minister himself should approach them to hold negotiations.
"We cannot ask the Prime Minister to go. He is not a party here," the CJI said. He was also informed that the Agriculture Minister has already held talks with the farmers, but in vain.The court had during the hearing of the matter on Monday expressed its inclination to stay the contentious laws while observing that the steps taken by the Central government to break the deadlock between the government and farmers have not yielded the desired results.Various farmers’ unions and organisations and individuals have assailed the three farm laws before the Supreme Court. The three laws have been challenged as illegal, arbitrary and unconstitutional.
"They will pave the way for cartelization and commercialization of agriculture produced and if allowed to stand will completely ruin our country as the corporates can, with one stroke, export our agriculture produce without any regulation," one of the petitioners submitted.It was also contended that the laws passed are "unconstitutional" and "anti-farmer," as it would dismantle the Agriculture Produce Market Committee system intended to ensure fair prices for farm products.During the hearing on Tuesday, Attorney General KK Venugopal told the court that the Centre has received information that ‘Khalistanis’ have infiltrated the farmers’ protests.
This submission was made after the court inquired from the Attorney General about whether he can confirm an allegation made in one of the applications that a banned organisation was trying to fund the protests.The Central government has remained steadfast in its stance that the laws are perfectly constitutional and within the legislative competence of the Parliament.In its affidavit filed before the top court on Monday, the Central government claimed that the farm laws are a result of two decades of deliberation and that "wrong perception created by non-farmer elements" about the laws needs to be cleared.
It alleged that some of the farmers were agitating against the laws due to the "apprehensions, misgivings and misconceptions created by some vested interest people"."(Most of) the farmers of the nation are happy as they are given an additional option over and above the existing and, therefore, no vested right is taken away," the affidavit said.
