Weeding Out Doubt Over Punjab

The Tribune     27th October 2020     Save    
QEP Pocket Notes

Context:  Farm laws enacted by the Central Government and consequent legislation by Punjab have raised concerns over legality of Punjab farm bills.

Issues with the Central Farm Laws

  • Created new ‘trade areas’ within the states: outside the regulatory scope of the existing state law. 
  • Left farmers vulnerable to exploitation by large trading houses/corporate.

Arguments favouring Punjab state farm bills

  • Ensure a level playing field on pricing: They prohibit the purchase of wheat and paddy at a price lower than Minimum Support Price (MSP).
    • Ensures compliance by introducing deterrents: 
      • Compelling a farmer to sell his produce at less than the MSP has been made a criminal act.
      • Dispute resolution process has been provided in farm bill.
      • Minimum thresholds for validity of contracts for farm produce in the state.
  • Constitutional and Legal validity: 
  • Importance of State Legislature: The Supreme Court of India had  declared the legislature as the best judge of what is good for the community in case of Maharajadhiraja Sir Kameshwar Singh of Darbhanga
    • No legal repugnancy in the state Acts: According to KT Plantations (2011) case, repugnancy only occurs when provisions of both laws are fully inconsistent or absolutely irreconcilable with each other. 
      • Examples including education, service qualifications, and, during  the Covid-19 lockdowns were subject to more onerous conditions imposed by states.
    • ‘The right to food’: recognised as a constitutional right by the Supreme Court, was the object in passing the National Food Act, 2013 (a Central Act), 

Conclusion: Procurement by the FCI feeds the PDS of the country and an economically vibrant agrarian society would feed the masses.

QEP Pocket Notes