DMK MP Tiruchi Siva moves SC against Farm Acts, claims violation of Constitution

DMK Rajya Sabha MP Tiruchi Siva on Wednesday moved the Supreme Court seeking a direction to declare the three farm Acts as unconstitutional and void. The Farmers' Produce Trade and Commerce (Promotion and Facilitation) Act, 2020, The Farmers (Empowerment and Protection) Agreement of Price Assurance and Farm Services Act, 2020, and The Essential Commodities (Amendment) Act, 2020 were cleared in the Monsoon session of Parliament.

Maintaining that subjects related to agriculture are essentially state subjects, he argued that these laws had taken away the rights and safeguards provided to the farmers via state legislation. He alleged that the aforesaid Acts violated constitutional provisions and the principle of federalism.

The DMK MP also opined that it was not necessary for President Ram Nath Kovind to promulgate the farm ordinances amidst the COVID-19 pandemic. Siva noted that powerful investors would bind farmers to unfavourable contracts with strict liability clauses that would be beyond their understanding. He added that the definition of farmer excluding tillers working on the farm was discriminatory in nature. Earlier, Congress MP TN Prathapan had approached the apex court challenging the farm Acts.

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Siva raises objections

In his petition, Siva pointed out that the Centre's attempt to encroach upon the provisions of APMC Acts of states upset the balance of cooperative federalism. Moreover, he drew attention to the alleged procedural lapses during the passage of the farm bills in the Rajya Sabha. According to him, the bills were passed without taking up the motions demanding scrutiny by a Select or Standing Committee of Parliament. In another charge, the DMK MP predicted that the liberalization of essential commodities would drive the country to famine.

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What are the farm Acts?

The Farmers' Produce Trade and Commerce (Promotion and Facilitation) Act, 2020 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. Meanwhile, 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 such as war, famine, extraordinary price rise, and natural calamity of a grave nature. 

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