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Is The Supreme Court’s Intervention On The Farm Laws Issue Justified?

The dream of India becoming a 5 trillion dollar economy by 2024 is a far-fetched dream due to the dilapidated condition of the economy. However, there can be numerous factors for it but currently, the pandemic and farmers’ stir are the two major reasons. The law made by the executive is unacceptable to the large section of farmers in India as a result of which they are on strike. As we know that agriculture is the soul of Indian economy as it contributes 17% to the country’s GDP and provides employment to more than 50% Indian population.

In this backdrop, the role of the judiciary becomes very important as an irresistible confrontation between the government and the farmers can further sabotage Indian economy profoundly. The major reason for this is the corporatization of agriculture and the involvement of big companies in every sphere of agriculture fully. And this could result in high inflation of food grains and destruction of a self-sufficient economy.

The law made by the executive is unacceptable to the large section of farmers in India as a result of which they are protesting. Photo: PTI

Recently, the Supreme Court decided to form a committee to look into these three farm laws to reach a consensus and till then it has suspended its execution. However, the farmers are not ready to give up the agitation till all the three laws are repealed. Here, the Supreme court’s intention to intervene is taken with a  pinch of salt by the farmers. A lot many claim Supreme Court to be acting in the government’s interest.

The reason for this is that the judges of the Supreme Court along with Chief Justice of India are appointed by the President on the aid and advise of the Council of Minister headed by the Prime Minister. But in reality, it is not like this as they have the security of tenures and fixed service conditions. Moreover, they draw their salaries from the consolidated fund of India which makes them independent and impartial in the delivery of their responsibilities.

However, the action of the judiciary in the domain of Executive is against Separation of Powers, as per Montesquieu. However, in India, we don’t follow the watertight model of Separation of Powers among the Executive, Legislative and Judiciary as their functions are overlapping.

So, the judiciary can have judicial review of the laws as they are repugnant to the constitutional provisions and against the spirit of farmers. Moreover, the constitution of India confers this power to both the Supreme Court and the High Court as judicial review is part of the basic structure of Indian constitution, which in turn gives judiciary full power to intervene into the matters of the executive to alleviate the ceaseless sufferings of farmers by removing this draconian law.

And with this callous behaviour of government, it is impossible to achieve the target of doubling the farmer’s income by 2022.

True development is a tangent which must be felt positively impacting all citizens, and in this case, the farmers; thereby entering the spectrum of true inclusive development. Any law or developmental ideas implemented by the government is responsible for making every Indian content without any discrimination based on region, religion, caste or class. Any other so-called development is utterly baseless and hollow!

This very futile attempt by the government to bring laws which are insensitive towards farmer and their whole essence is what makes our national scenario chaotic.

Featured image is for representational purposes only.
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