"Parliament Cannot Legislate On State Subject": Bhartiya Kisan Party Moves SC Against Three Farmers' Acts [Read Petition]

The Petitioner, Bhartiya Kisan Party, has alleged that the agriculture is a State subject as per List II under Schedule VII of the Indian Constitution and hence, Parliament does not have the have power to make laws on this subject.

It is submitted,

"The Parliament have no power to pass legislation under article 246 (4) of the Constitution of India relating to the Seventh Schedule of List II - State Entry No. 14 (Agriculture), 18 (Land), 30 (relief of agricultural indebtedness), 46 (Taxes on agricultural income), 47 (Duties in respect of succession to agricultural land) and 48 (Estate duty in respect of agricultural land).

In this backdrop it is submitted that the three Acts completely violate the Constitutional norm as has been laid down by the Supreme Court in ITC Ltd. & Ors. v. State of Karnataka & Ors., 1985 SCR, Supl. (1) 145.

In this case, the Top Court had held that a legislation falling exclusively, in its pith and sub stance, within a particular list under the Seventh Schedule, shall be valid "even if it incidentally touches upon" a subject falling in another list.

Inter alia, it is contended that Sections 18 and 19 of the Farmers (Empowerment and Protection) Agreement on Price Assurance and Farm Services Act, 2020, abrogate the Court's power of judicial review "in so far as infirmities based on violations of constitutional mandates, mala-fides, non-compliance with Rules of Natural Justice and perversity are concerned."

These provisions protect the decisions taken by the state or its appellate authority in good faith and bar the jurisdiction of civil courts, respectively.

It is submitted,

"the scope of judicial review under Civil Procedure Code and Articles 136, 226 and 227 of the Constitution in respect of an order passed by the SDM/DM under section 14 of the Act, 2020 would be wrongly confined, viz., infirmities based on violation of constitutional mandate, mala fides, non-compliance with rules of natural justice and perversity."

The Petitioner has also stressed that there is a need to "strengthen" the existing APMC Act, 2003 for agricultural market and Legalised the Minimum Support Price (in short MSP) in the interest of farmers.

The plea has been filed through Advocates KKL Gautam and Sanjeev Malhotra 

Other pleas challenging the Farmers' Acts:

New Farm Acts Corporatise Agriculture, Usher in Unregulated, Exploitative Regime: RJD MP Moves SC Against 3 Agricultural Legislations

"Farmers' Acts Anti Farmer & Anti-Agriculturist": DMK MP Tiruchi Siva Moves SC Against News Farmers' Acts

Congress MP Moves SC Challenging Farmers' (Empowerment and Protection) Agreement of Price Assurance and Farm Services Act, 2020

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