Farm Laws, their Constitutional Validity, and Hope

Context: While the issue of farm laws lies in their constitutional validity, resolving a problem like the agitation by farmers requires the centrality of Parliament in the legislative process in all its dimensions.

Background: 

• Recently, the Supreme Court (SC), in context of farm laws,  has set up an expert committee to negotiate between the protesting farmers and the Union government.
• However, the committee may not entirely consist of impartial members, parliamentary review of the laws becomes necessary. 

Associated concerns with the farm Acts:

• Government’s Maximalist approach: based on its numerical majority (invested prestige), while on the other hand farmers demand repealing if laws.
• Constitutional validity: can be questioned on various grounds.

• Lack of legislative competence: Agriculture is a state subject under Seventh schedule of the constitution of India.
• Non recognition of voice vote in the constitution: there was a violation of the rules of the House in passing the Bills by voice vote when there was a demand for division. 

• Article 100: Says that all questions at any sitting of either House shall be determined by a majority of votes of the members present and voting.

• Can be challenged under judicial review: Article 122 of the Constitution protects the proceedings of the House from judicial review.

• Raja Ram Pal’s case: The SC clarified that the proceedings can be challenged on substantive grounds like violation of the Constitutional provisions.

• Not agreed to both the Houses: Since there was a procedural flaw in the passage of bills in Rajya Sabha, it can be declared unconstitutional under Article 107.

• Article 107: a Bill shall not be deemed to have been passed unless it has been agreed to by both Houses.

• Violation of the House rules of the Rajya Sabha: While a voice vote is often undertaken in case of assumption of majority, if any member demands voting, it should undergo tangible voting procedure.

Options before the Judiciary:

• Can declare laws as null and void: for violating Article 107 the Constitution.

• Can return back the bills to the Rajya Sabha: for further proceedings in accordance with the constitutional provisions. This provides opportunity for the government - 

• It can revisit these laws by referring them to the  Select Committee which can invite the farmers and all other stakeholders and finally produce better Bills.
• It can withdraw the Bills and bring fresh Bills with altered proposals.

Conclusion: Once the SC decides the constitutionality of a law, the Parliament and its systems alone can produce a satisfactory solution.