Farm Laws: Farming towards an Executive Overreach of the Judiciary

The Farm Laws are being staunchly criticised for barring civil court jurisdiction by vesting adjudicatory powers with the state authorities. Farmers, fearing misuse of power, are protesting against these provisions that limit their access to justice. MAHALAKSHMI PAVANI had first examined these crucial provisions, that usurp court jurisdiction, as a violation of the principle of separation of powers.

Recently, Bar Council of Delhi wrote to Prime Minister Narendra Modi saying, "The sole purpose to 'Bar jurisdiction of Civil Court's' deprives fair adjudication and determination of respective rights of farmers by application of judicial mind." (See letter below)

The article was first published by The Leaflet on October 5, soon after the passing of the laws, and is being republished for the benefit of our readers and public at large.

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"Our Farmers deserve Praise, not condemnation, and their
Efficiency should be cause for Gratitude,
Not something for which they are penalized"

John F Kennedy

Last month, amidst intense drama and furore on September 20, the Upper House of the Indian Parliament passed three new Bills regulating the agriculture sector in India. They were passed by way of a voice vote, despite several calls for a division by members of the Opposition. They received assent on September 27.

These Bills subsequently received the assent of the President of India and now features in the Official Gazette as

(i) The Farmers' Produce Trade and Commerce (Promotion & Facilitation) Act 2020 ("Produce Trade and Commerce Act");
(ii) The Farmers (Empowerment and Protection) Agreement on Price Assurance and Farm Services Act 2020 ("Agreement on Price Assurance Act"); and
(iii) The Essential Commodities (Amendment) Act, 2020.

The new legislation provides for farmers to enter into farming agreements with any person, thereby paving the way for a free market economy to penetrate the Indian agricultural sector. Unlike the earlier regime that typically saw the farmer sell his produce to licensed middlemen authorised by state Agricultural Produce Market Committees ("APMCs"), the farmer is now 'empowered' to get out of the clutches of such middlemen and deal in their produce with whoever they wish to do business with.