The Supreme Court which is hearing a petition on the three farm laws that were recently passed by the Parliament has signalled that it wants a stay on the farm laws and hold off implementation till an amicable solution is found.
The bench led by CJI SA Bobde is hearing a bunch of petitions seeking the removal of farmer protesters and petitions challenging the Constitutional validity of the three farmer empowerment laws.
CJI Bobde expressed disappointment with the way Centre was dealing with this episode. “What consultative process has been followed for farm bills that entire states are up in rebellion?”, the CJI asked.
The CJI added that the intention is to see there can be an amicable resolution to the problem. “That is why we asked you why don’t you put the farm bills on hold. You want time for negotiation. If there is some sense of responsibility showing that you will not implement the laws then we can form a committee with ICAR members to look into this. Till then you can continue to put the law on hold. Why will you insist on continuing the law anyhow”, the CJI said.
The Solicitor General submitted to the bench that many farmer organizations have extended support to the laws saying it was progressive to which the CJI observed that they may express their views before the committee.
“But you have to tell us whether you stay the Farm Acts or we do it. Keep it in abeyance. What is the issue?? We are not in favour of easily staying a law but we want to say don’t implement law”, the CJI said.
The CJI observed that people are committing suicides, suffering cold and went on to raise questions about why are old people and women present in the protest. “We don’t want to comment on the agitation”, the CJI said.
“We propose to form a committee and if government does not then we will stay the implementation of the farm acts.”, the CJI added.
Senior Advocate Harish Salve submitted that consensus has been achieved on MSP and that all other areas that farmers are not agreeing with the Centre can be resolved through judicial orders adding that the objectionable parts of law can be stayed. In the course of his submissions, he also highlighted how Sikhs for Justice, a Vancouver based organization has put up posters that 10,000 will be paid to anyone who joins the protest.
“Talks are breaking down because Centre wants to discuss point by point of law and farmers want the entire laws to be repealed. We will stay the implementation of the Farm Acts.”, the CJI observed.
The Supreme Court expressed concerns that there will be some incident which may breach the peace. “We don’t want anybodys injury or blood on our hands!” the CJI said.
The Attorney General submitted to the court that a law cannot be stayed unless its beyond legislative competence or violative of Fundamental rights of against any constitutional provision. “None of the petitioners have argued on this. Each one of this in support of farmers and Farm Acts are in their benefit.”, the AG argued.
The AG also pointed out that farmers in the southern part of India are not protesting as they have understood that these laws are of their benefit.
The CJI said that their actions should not be understood that they are protecting any law breaker. “If someone breaks the law they will face the consequences sequences. We are not encouraging breaking of law. We propose to pass this order to prevent loss of life and property”, the CJI observed.
The CJI also noted that the Centre was not handling the issue properly. “We have to take some action today. We don’t think you are being effective.”, the CJI said.
“We will make the atmosphere comfortable and conducive for talks. Till then the farm laws can be put on hold. Who is going to be responsible for blood shed? We need to uphold Article 21 as a constitutional court. What if some conflagration takes place.”, the CJI said.