“Farmers Acts: Bhartiya Kisan Party moves Supreme Court, says Parliament could not have made laws on subject under State List”

These regulations recently came into force after the President gave his assent to them on September 27 amidst widespread resistance and opposition.

The Bhartiya Kisan Party has moved to the Supreme Court requesting for the three afresh passed farmers’ legislations to be declared as unconstitutional.

The petition has challenged three newly passed laws:[1]

  • The Farmers (Empowerment and Protection) Agreement of Price Assurance and Farm Services Act, 2020,
  • The Farmers Produce Trade and Commerce (Promotion and Facilitation) Act, 2020, and
  • The 2020 Amendment to the Essential Commodities Act.

The petition filed by the Bhartiya Kisan Party raises the question of the passage of the legislations being against the basic structure of the Constitution, citing Article 246 of the Constitution. This exclusivity of power in terms of the power to legislate on subjects in List I (Union List) and List II (State List) has been also repeated by the Supreme Court in its judgments. However, this would not arise in matters where the exclusive power to legislate vests with the State. This opinion was laid down by the Apex Court in its 1985 judgment in the case of ITC Ltd. Etc v. State Of Karnataka.

The plea further states that one of the roles of the judiciary is also to inspect the legitimacy of the laws passed by the legislature, especially in the backdrop of a number of landmark judgments holding that no law or constitutional amendment can tolerate if it is offensive of the basic structure.

It has also been prayed that the Court pass directions to reinforce the existing Agriculture Produce Marketing Committees (APMCs) and that Minimum Support Price (MSP) be implemented in agricultural markets for the benefit of farmers.

[1] Source-


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