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The Supreme Court on Monday issued a notice on petitions challenging the constitutional validity of the three farmer’s notified by the Indian Parliament on September 24.
The bench consisting of Chief Justice SA Bobde, Justice AS Bopanna, and Justice V Ramasubramanian at first refused to issue notice on petitions on the premise that para 19 of the judgment in Kusum’s case clearly says that “nearly passing
a legislation does not create a cause of action”.
The CJI asked one of the petitioners Manohar Lal Sharma to withdraw his petition and to approach the Court when the cause of action arises.
However, after hearing the parties, the bench issued a notice asking for a response from the respondents within 6 weeks.
In its petition filed on October 5, the Bhartiya Kisan Party stated that the new farm laws violated the basic features of the Constitution. The party mentioned that agriculture was a state subject under List II of Schedule VII of the Constitution and therefore, Parliament didn’t have the legislative competence to make laws on the subject.
RJD MP Jha contended the farm laws were “discriminatory” and would exploit farmers by big companies.
The new farm laws will be disastrous for the farming community as they give an “unequal edge over the farmers’ interest in favour of the sponsor or the farm service provider”
The petitioners have challenged the constitutional validity of the three Framers Act namely, The Farmers Agreement on Price Assurance and Farm Services Act, 2020, “The Farmers’ Produce Trade and Commerce (Promotion and Facilitation) Act, 2020 and the Essential Commodities (Amendment) Act, 2020 is contrary to Art 246 of the Indian Constitution on the premise that the subject of agriculture belongs to the state list, and it violates the fundamental right of the citizen of India in the interest of justice.
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