Supreme Court of India Farm Laws hearing LIVE News: The CJI bench has assembled for the second day for hearing on pleas challenging farm laws passed by Centre. On Monday, the apex court expressed its disappointment saying the Centre had not done enough to resolve the crisis. It proposed to form a committee to look into the issues raised by farmers. However, several farmer union leaders have refused to be part of the committee proposed by the Supreme Court.
The court also suggested the Centre to put the implementation of laws on hold until the issues are resolved. It said that if the Centre doesn’t put it on hold then the court will do it. To which, Attorney General KK Venugopal representing Centre objected saying, “A law cannot be stayed unless its beyond legislative competence or violative of fundamental rights of against any constitutional provision.” He further said that none of the petitioners have argued on this ground.
The bench headed by CJI Arvind Bobde said that its intention was to see if it can bring about an amicable resolution to the problem. “That is why we asked you why don’t you (Centre) put the farm bills on hold…We can form a committee with ICAR members to look into this. Till then you can continue to put the law on hold. Why will you insist on continuing the law anyhow,” the court said.
Highlights
The bench headed by chief justice Sharad Arvind Bobde has assembled. The court will begin hearing for the second day on batch of pleas challenging the farm laws and protests that have been on for over a month. The Court yesterday proposed to form a committee to resolve the issues between farmers and Centre.
Parliamentary legislations cannot be stayed by the Supreme Court unless it is satisfied prima facie that they are unconstitutional and illegal, legal experts said on Monday. They largely concurred with the views of Attorney General K K Venugopal who on Monday opposed the apex court observation on stay of implementation of controversial farm laws. Senior advocate and constitutional law expert Rakesh Dwivedi said Parliamentary legislations cannot be stayed unless there is a very strong ground for holding at the very inception that prima facie it is unconstitutional. "This is very tall order, without hearing the government you jump the gun. Large number of farmers are agitating cannot be a ground for the court to stay the laws. It is only in the wisdom of the lawmakers and is beyond the domain of the court," Dwivedi told PTI. "Courts cannot say people are agitating so we will stay the law. I agree with the Attorney General that the farm laws cannot be stayed unless it is constitutionally invalid," he said.Senior advocate Mohan Katarki said however that the top court is vested with the jurisdiction to stay the operation of the Act of Parliament if it is satisfied that prima facie Parliament lacks legislative competence. Katariki said: "The Supreme Court is vested with jurisdiction to stay the operation of the Act of Parliament pending final decision, if the Supreme Court is satisfied that prima facie Parliament lacks legislative competence in enacting the Act and the Act is inconsistent with any constitutional provision and balance of convenience are in favour of granting stay. "While considering the balance of convenience, the Supreme Court may have regard to long and peaceful protest of farmers in biting cold". Dwivedi also said that by hinting at staying the farm laws, the apex court is acting more like an administrator than the court. "The Supreme Court can stay the law. But I don't agree with the judges that they would stay and constitute a committee. It can do but it does mean that it is legal. It is illegal. It is only a way to come out of the impasse. By doing so it is acting more like an administrator than a Supreme Court. The real issue is that can the central government pass a law which bypasses state law," he said.Senior advocate Ajit Kumar Sinha said however that the top court observed it may stay the implementation of the farm laws and keep them in abeyance. It was more on implementation till the matter is resolved. That is a possibility. That they can do it because negotiations are on and public interest is also involved. People are put to problems and they are threatening," Sinha said. "Till the time you a reach a consensus and form a committee till then you don't implement. So the implementation is sought to be stayed. Not the law as such. To keep in abeyance for a fruitful and public purpose they can do it. They have the power under Article 142 to do complete justice," he said. Supreme court lawyer Ashwani Kumar Dubey said the top court can stay the execution of the farm laws as it has done in the case of Maratha reservation. (PTI)
The Rajasthan Congress will lay siege to the Raj Bhawan on January 15 in support of the farmers' agitation against the Centre's new farm laws. Congress state president Govind Singh Dotasra said the decision to hold the protest was taken on the call of the All India Congress Committee (AICC). "Congress President Sonia Gandhi and our leader Rahul Gandhi have given a call that on 15th, we will gherao Raj Bhawan in support of farmers and against the anti-farmer attitude of the Modi government," Dotasra told reporters. He said, "Our party stands with the farmers and we are not going to leave them alone in the fight." Dotasra said the 'three black laws' should be withdrawn and the Modi government must fulfil the demands of the farmers. "To save the farmers from these black laws, the Congress government in Rajasthan has passed a bill in their interest but the Governor is not sending it to the President for his assent," claimed the Congress leader. (PTI)
Farmers protests: A joint front of 40 agitating farmer unions yesterday welcomed the suggestion of the Supreme Court for a stay on the agri laws implementation but said they are not willing to participate in any proceedings before a committee that may be appointed by it. Pulling up the Centre for its handling of the farmers' protest, the apex court on Monday said it is 'extremely disappointed' with the way negotiations between them were going and will constitute a committee headed by a former Chief Justice of India to resolve the impasse. "While all organisations welcome the suggestions of the Supreme Court to stay the implementation of the farm laws, they are collectively and individually not willing to participate in any proceedings before a committee that may be appointed by it," a statement issued by the Samyukt Kisan Morcha said. "We met our lawyers this evening and after deliberation on the pros and cons of the suggestions, we informed them that we are unanimously not agreeable to go before any committee that may be appointed by the Supreme Court today due to the stubborn attitude of the government," it read. (PTI)
Congress chief Sonia Gandhi is in touch with leaders of various opposition parties who will soon meet to chalk out their joint strategy to corner the government on farm laws. Gandhi is learnt to have started talking to opposition leaders for holding a joint meeting of various parties ahead of the Budget Session. Gandhi has spoken to some opposition leaders and will talk to some others on Tuesday to chalk out a joint strategy to corner the government on the farm laws and the state of the economy. Opposition parties, especially the Congress, are pressing upon the government to repeal the three farm laws, against which the farmers have launched an agitation. The Budget Session is slated to start from January 29 with the address of President Ram Nath Kovind to the joint sitting of both the houses. (PTI)
The SC yesterday said that it has an 'apprehension' that there may be some incident which may breach the peace, which may be intended or unintended and it wants to ensure that no violence or bloodbath takes place on the streets. Senior advocate Vikas Singh, appearing for one of the parties, said there needs to be some guidelines for protestors. The bench said, the people who are protesting are not reading guidelines and 'We don't want anybody's blood on our hands'. (PTI)
The bench said, it proposes to form a committee and if the government does not put on hold the new laws then the court will stay the implementation of the farm acts. It told the lawyers appearing for the farmers union, 'We want to make it clear we are not stifling the protest. We have already held that protest is valid. You can carry out the protest but the question is whether protest should be held at the same site'.
Chief Justice of India SA Bobde yesterday asked the protesting elderly farmers, women and children to go back home. He expressed serious concern over protestors sitting in severe cold and COVID-19 pandemic situation. "Let me take a risk and say Chief Justice of India wants them (protesting farmers) to go back to their homes. Try to persuade them," the Chief Justice, who headed a three-judge bench said.
"People are committing suicide. People are calling names. People are suffering in cold and pandemic situations. If not cold, farmers are in danger of COVID," the bench, also comprising Justices AS Bopanna and V Ramasubramanian, told lawyers appearing for the farmers union and asked them to persuade the protestors to go home.
The CJI also said "People are suffering from a cold. Who is taking care of water and food? Old people and women are on the ground. Why are old people in the farmers' protests? We don't want to comment on the merit of the agitation".
The Centre yesterday moved the Supreme Court seeking an injunction against the proposed tractor or trolley march which seeks to disrupt the august gathering and celebrations of the Republic Day on January 26. In an application filed through the Delhi Police, the central government has said that it has come to the knowledge of the security agencies that a small group of protesting individuals or organisations have planned to carry out a tractor march on Republic Day.
"It is submitted that the proposed march is slated to disturb and disrupt the august celebrations of nation on Republic Day and would be bound to create a massive law and order situation...proposed march/protest seeks to disrupt and disturb such celebrations which is bound to create a serious law and order situation and will cause an embarrassment to the nation," it said. It further said that right to protest is always subject to the "countervailing public order and the public interest" and the right to protest can never include "maligning the nation globally".
"It is submitted that the Republic day function on January 26 each year has its own constitutional as well as historical significance. The January 26 Republic Day ceremony is not an isolated standalone ceremony rather a grand rehearsal takes place on January 23 where everything which is to happen on January 26 of each year is rehearsed...Any disruption or obstruction in the said functions would not only be against the law and order, public order, public interest but would also be a huge embarrassment for the nation," it said while referring to the Republic Day ceremony. (PTI)
Farmers' protests: A section of farmers protesting against the three farm laws yesterday threatened to 'gherao' Uttar Pradesh Raj Bhavan on January 23. Bhartiya Kisan Union spokesperson Dharmendra Malik said that the agitating farmers would also burn copies of farm legislation on that day. Malik said the BKU executive committee, in a meeting at Ghazipur-UP gate border, also decided to observe January 18 as Mahila Kisan Divas during which the womenfolk of villages would lead the ongoing protest against the government.
Referring to some observations by the Supreme Court during the hearing of a bunch of petitions against the farm laws, BKU leader Rakesh Tikait said these remarks by the apex court were a 'slap' on the face of the government and Union Agriculture Minister Narendra Singh Tomar should resign on moral grounds after these remarks. (PTI)