It is the right opportunity for Chief Minister KCR to exercise his constitutional powers and make farmer-friendly laws
Why did the Modi government not consult farmers before issuing ordinances during the pandemic time? Why at least not before introducing farm Bills? If the Bills are 21st century legislations that would double the income of farmers, why did his own Cabinet colleague resign from the Cabinet and is agitating against it? Why was the All India Kisan Sangharsh Coordination Committee, a coalition of over 190 farmer organisations, not called for discussions?
Agriculture and its markets are exclusive subjects of the State List II, as per the scheme of constitutional distribution of powers between the Union and the States. Parliament is prohibited from making law on this subject. Hence, these laws cannot stand before courts as constitutional. Existing State laws and laws to be made by the States on this subject are valid.
Having expressed support for the agitating farmers’ Bharat Bandh on December 8, Telangana Chief Minister K Chandrashekhar Rao should make a legislation exercising the power under the constitutional scheme of distribution of legislative powers, which exclusively enables the States to make legislation, for the welfare of farmers, including measures to ensure proper price for their produce. By doing this, he would allay the fears of farmers that his government gives only token support to them.
Farmers are agitating on their own, without looking for national and regional parties and their leaders who are confined to issuing mere statements to the press or putting out tweets. These leaders are not connected to the farmers’ agitation at all. It is the right opportunity for Chief Ministers like Chandrashekhar Rao to stand by farmers and fight the farm-harm laws, which have usurped the powers of the States in an unconstitutional manner. There are already certain drafts made by kisans, which could be considered by the Chief Minister. His idea of an anti-BJP alliance could get a fillip with such Bills coming from the southern State.
Punjab has already set an example on how a State can exercise its sovereign power. This October, Punjab passed four Bills, one of which ensures the MSP for wheat and paddy. Punjab Chief Minister Amarinder Singh brought in four historic Bills to counter NDAs anti-farmer laws. Now selling or purchasing wheat and paddy in Punjab below Minimum Support Price (MSP) can land one behind bars. The new Bills provide for imprisonment of not less than three years and a fine for sale/purchase of wheat or paddy below the MSP under a farming agreement, exemption of farmers from attachment of land up to 2.5 acres and prevention of hoarding and black marketing of agricultural produce, etc.
• The Farmers’ (Empowerment and Protection) Agreement on Price Assurance and Farm Services (Special Provisions and Punjab Amendment) Bill, 2020, seeks to amend Sections 1(2), Sections 19 and 20 of the Centre’s Farmers (Empowerment and Protection) Agreement on Price Assurance and Farm Services Act, 2020. It also proposes to insert new Sections 4 and 6 to 11.
• The Farmers’ Produce Trade and Commerce (Promotion and Facilitation) (Special Provisions and Punjab Amendment) Bill, 2020, seeks to amend Sections 1(2), 14 and 15, of the Farmers’ Produce Trade and Commerce (Promotion and Facilitation) Act, 2020, to ensure that sale or purchase of wheat or paddy in the State is not allowed below the MSP. The Bill provides for punishment for harassment of farmers for payment of less price to them by inserting new Sections 6 to 11.
• The Essential Commodities (Special Provisions and Punjab Amendment) Bill, 2020, is intended to protect the consumers from hoarding and black marketing of agricultural produce to secure and protect the interests and livelihood of farmers and farm labourers as also all others engaged in agriculture and related activities. This Bill seeks to amend the Centre’s The Essential Commodities (Amendment) Act, 2020, by amending Section 1(2) and Section 3(1A) of the Essential Commodities Act, 1955. It seeks to ensure status quo ante as on June 4, 2020, with regard to implementation of the Central Act — The Essential Commodities (Amendment) Act, 2020.
• The Code of Civil Procedure (Punjab Amendment) Bill, 2020, seeks to insert a provision for exemption of agriculture land not exceeding 2.5 acres from Section 60 of The Code of Civil Procedure, 1908, which provides for attachment/decree of various properties — moveable and immoveable. Proviso-b to this Section states that the properties of farmers such as cattle, implements and cowsheds would be exempt from attachment, but as on date agriculture land can be attached. Given farmers’ apprehension about attachment/decree of their land as a consequence of enforcement of farming contracts or otherwise, the State government is seeking, through this Bill, to give full exemption to small farmers and others from attachment or decree of land up to 2.5 acres.
The Punjab government had earlier amended the Punjab State Cooperative Societies Act, 1961, deleting Section 67-A, which allows cooperative financing institutions to attach the land of farmers. For the financing institutions other than cooperative banks, the matter is within the jurisdiction of the Central government.
The Telangana government also can consider the draft made by the All India Kisan Sangharsh Coordination Committee. The prices farmers get for their commodities do not cover their input costs or help them meet their basic needs. Inadequate returns on investment have led to suicides of tens of thousands of farmers each year. Farmers are demanding to convene a special session of Parliament only to deal with the agrarian crisis and pass these Bills.
Besides, Telangana can also prescribe safeguards for farmers protecting them from corporate contractors and middlemen like sponsors, which are legally supported by the controversial farm Acts of the Centre.
(The author is former Central Information Commissioner and Professor of Constitutional Law)
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