Published 20:24 IST, December 7th 2020
Kerala to move SC against farm laws; 'Alternative laws will be considered,' says Agri Min
Kerala Agriculture Minister VS Sunil Kumar has asserted that the state administration will move the Supreme Court this week itself against the 'anti-farm laws'
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Amid the ongoing impasse between the Centre and the farmers over the contentious agrarian laws introduced by the NDA government earlier this year, the Kerala government has decided to move the Supreme Court against the three laws. Kerala Agriculture Minister VS Sunil Kumar has asserted that the state administration will move the top court this week itself against the 'anti-farm laws,' adding that they won't be implemented in the state.
The state's Agriculture Minister also alleged that the Centre is 'centralising power' on themselves by 'violating' the Constitution in favour of the corporates. "According to the Constitution, the central government does not have the power to make laws unilaterally on matters which come under the purview of the state government. But what has happened now is the blatant violation of the Constitution," local media quoted Kumar on Monday evening.
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It is important to note, that the Supreme Court has been moved earlier as well against these laws. RJD lawmaker from Rajya Sabha, Manoj Jha and DMK Rajya Sabha MP from Tamil Nadu, Tiruchi Siva, and Rakesh Vaishnav of the Chhattisgarh Kisan Congress had moved the top court contending that the three laws are against the constitutional provisions. Hearing the pleas against the laws that received President Ram Nath Kovind's assent on September 27, the apex court bench headed by Chief Justice SA Bobde had asked the Centre to file a response within four weeks.
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Appearing for the Chhattisgarh Kisan Congress, Advocate K Parameshwar had submitted to the top court that the three laws have repealed the state law of Chattisgarh on the mandi system. On the other hand, DMK MP Tiruchi Siva had contended that the laws infringed upon the state government's jurisdiction as the Constitution puts most agriculture-related subject in the states' domain. Moreover, the Supreme Court had also restored the PIL filed by advocate ML Sharma in the same case.
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What are the three agrarian laws?
The three laws which have created a nationwide stir include The Farmers' Produce Trade and Commerce (Promotion and Facilitation) Act, 2020 which aims at freeing the farmers from the constraints of the state Agriculture Produce Market Committees whereby they would be able to sell their produce anywhere. Secondly, The Farmers (Empowerment and Protection) Agreement of Price Assurance and Farm Services Act, 2020 protects and empowers farmers to engage with processors, wholesalers, large retailers, exporters for farm services. This entails the provision of contract farming. On the other hand, The Essential Commodities (Amendment) Act, 2020 specifies that the supply of foodstuffs including cereals, pulses, potato, edible oilseeds, and oils shall be regulated only under exceptional circumstances.
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Centre-farmers discussions continue
The decision to move the top court comes even as the Centre continues to hold discussions with the farmers' unions over the three laws. So far, five rounds of deliberations have been held which have ended inconclusively, with the sixth round scheduled to be held on December 9. Addressing the media on Saturday, Union Agriculture Minister Narendra Singh Tomar asserted that the Minimum Support Price system will continue, he expressed that the Centre's willingness to address concerns regarding this. Moreover, Tomar stated that the Union government will deliberate on all the demands of the farmers. The farmers protest on the borders of the national capital has entered its 12th day with the unions calling for a 'Bharat Bandh' on Tuesday against the three farm laws.
20:24 IST, December 7th 2020