Another Challenge to the Farmer's Act

What is the challenge?

Bhartiya Kisan Party moved to Supreme Court alleging that the Central Government does not have the power to draft Farmers Act as it falls under the state subject. The petition prays for the following legislations to be declared as unconstitutional:

• The Farmers (Empowerment and Protection) Agreement of Price Assurance and Farm Services Act, 2020,
• The Farmers Produce Trade and Commerce (Promotion and Facilitation) Act, 2020, and
• The 2020 Amendment to the Essential Commodities Act.

• The petition also addresses the question of repugnancy of legislation, noting that the Court had held that a Central law, which in its pith and substance, deals with a subject falling within List II, would be bad and ultra vires the Constitution.

• It addresses thelaw on repugnancy and reiterates that a repugnancy would not arise in matters where the exclusive power to legislate vests with the State. This principle was laid down by the Apex Court in its 1985 judgment in the case of ITC Ltd. Etc v. State Of Karnataka.

• It further contended that Sections 18 and 19 of the Farmers (Empowerment and Protection) Agreement on Price Assurance and Farm Services Act, 2020, abrogate the Court's power of judicial review as these provisions protect the decisions taken by the state or its appellate authority in good faith and bar the jurisdiction of civil courts, respectively.

• Additionally, the plea contents that one of the roles of the judiciary is also to examine the validity of the laws passed by the legislature, especially in the backdrop of a number of landmark judgments holding that no law or constitutional amendment can sustain if it is violative of the basic structure.

Relief Sought:

• The petition prays for the 2020 Acts to be quashed, and that a stay be imposed on the same.
• It has also been prayed that the Court pass directions to strengthen the existing Agriculture Produce Marketing Committees (APMCs) and that Minimum Support Price (MSP) be implemented in agricultural markets for the benefit of farmers.

The Law:

India is a federal country. The essence of federalism lies in the sharing of legal sovereignty by the Union and the federating units.Article 246 discuss the division of power between the Union and the State through the Union, State and Concurrent lists, enumerated in the Seventh Schedule of the Constitution which comprises of:/p>

• List I– Union List (Parliamentary Legislation)o:p>
• List II– State List (State Legislation)
• List III– Concurrent List (Parliament and State Legislation)

The Union List primarily consists of matters which are of national importance and hence the intervention of the Union government is required in such matters, empowering them with the right to legislate on these matters. Further, the State list comprises of the matters which are of local or state significance and hence, only the state governments are required to showcase interest in such matters. Lastly, the concurrent list comprises of subjects that seem to have been the common interests of both the union and state government, whereby, the power to legislate on such matters vests with both the state and the Union governments.