Monday, October 2, 2023

SC issues notice on batch of petitions challenging the constitutional validity of three farmer’s act

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The Supreme Court today issued notice on a batch of petitions challenging the constitutional validity of the three farmer’s notified by the Indian Parliament on September 24.

The bench comprising Chief Justice SA Bobde, Justice AS Bopanna and Justice V Ramasubramanian at first refused to issue notice on the batch of petitions on the premise that para 19 of the judgement 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 ML Sharma to withdraw his petition and to approach the Court when the cause of action arises.

However after hearing the other parties, the bench issued notice seeking response from the respondents within a period of 6 weeks.

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The petitioners have  challenged  the constitutional validity of the notifications pertaining the three Framers Act namely, The Farmers (Empowerment and Protection) 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 being contrary to Art 246 of the Indian Constitution on the premise that the subject of agriculture belongs to the state list, and violative of the fundamental right of the citizen of India in the interest of justice.

-India Legal Bureau

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