78 ex-civil servants: Farm laws 'violate' federal provisions of Indian Constitution

Counterview Desk
The Constitutional Conduct Group (CCG) – a group of former civil servants belonging to the all India and Central services who have worked with the Central government as well as different State governments, claiming to have “no affiliation with any political party”, of being "neutral, impartial” and “committed to the Constitution of India” – has said that the three farm laws were passed by Parliament in violation of the Constitutional provisions of federalism.
Stating that it does not wish to go into “merits and demerits” of the three laws, which have triggered a huge farmers’ uprising in North India, CCG said in an “open letter” that their passing in Parliament also suggests “breakdown of democratic processes”. In all 78 ex-officials have signed the letter.

Text:

A huge farmers’ agitation – primarily in Punjab, Haryana, UP and Rajasthan -- to repeal three new laws has been under way for many months and has been supported by many other sectors like trade unions, student organizations, university teachers’ associations, a range of political parties and others.
A Bharat Bandh was called for December 8 after several rounds of talks between farmers’ unions and the Government of India failed to yield results. We do not wish to discuss here the merits and demerits of these laws but focus on the violation of Constitutional provisions and the breakdown of democratic processes in this saga.
In keeping with the federal structure of the Constitution and the range and diversity of State-specific needs, “agriculture” is at Entry 14 in List-II in the Seventh Schedule to the Constitution. The subjects in this List are within the exclusive legislative jurisdiction of the States and it has been argued convincingly that the laws passed are, therefore, unconstitutional.
Unconstitutionality apart, they represent an assault upon the federal character of the Constitution: some legal experts have argued that they violate “the basic structure of the Constitution.” The passing of these laws appears to be a case of legislative legerdemain and they have been challenged in court.
There were no consultations with farmers’ representatives before the legal process. To start with, ordinances were issued during a colossal pandemic which deserved undiluted attention. When the Bills were introduced in Parliament in September 2020, the demand to send them to Parliamentary Committees was denied.
It is pertinent to point out that according to a newspaper report of September 2020, in recent times, the percentage of Bills scrutinized by Parliamentary Select Committees rose from 60% during UPA I (14th Lok Sabha) to a high of 71% during UPA II (15th Lok Sabha) but fell to 25% in NDA I (16th Lok Sabha). In the current Lok Sabha, very few Bills have been sent to Parliamentary Committees.
Time was not given to debate the Bills and they were railroaded through Parliament; the demand for a division in the Rajya Sabha was not accepted and a voice vote was held amid tumult and confusion, leading to suspicions about the procedure employed. At the same time, some labour laws were passed during a walk-out by the Opposition. The question has been raised pointedly: was this done in the belief that during a pandemic and the restrictions on public gatherings, organized protest would not be possible?

Bills scrutinized by Parliamentary Select Committees was 60% during UPA I, 71% during UPA II, but fell to 25% in NDA I

The undermining of democratic processes and the total disregard for public consultation and convenience has been evident in the ways in which Article 370 was repealed, demonetization was implemented without warning or preparation, the Citizenship Amendment Act was brought in and a lockdown ordered with hardly any notice, resulting in untold suffering for millions of migrant workers.
What is noteworthy and common to all these actions was a refusal to consult the people affected beforehand and a determination to not hold a dialogue afterwards. The facile option of labelling all those who disagree with one or other of the actions of the government as “anti-national”, “pro-Pakistani,“ “award-vapsi gang”, “urban Naxals” and “Khan Market gang” is chosen to avoid substantive discussion and debate, the very heart of the democratic process, and to vilify and criminalize dissent.
It is a measure of their discontent that farmers in lakhs are braving the winter cold as also the risks of Covid-19. The farmers’ agitation has been peaceful and in exercise of their Constitutional and democratic right to protest. Yet, they were greeted by teargas and water cannons as they tried to reach Delhi and highways in Haryana were dug up to impede their onward march.
It is difficult to label these protests as instigated by political parties or Khalistanis when the farmers explicitly keep political parties at bay and a senior Shiromani Akali Dal (SAD) leader, once a part of the ruling alliance of NDA, returns his Padma Vibhushan award.
The protests have spread across many States and are being supported by several other groups even though a largely complicit media refuses to report their true magnitude and reach.
In our capacity as former civil servants who stand up for Constitutional freedoms, we would like to emphasize our support for the democratic and Constitutional right of peaceful protest being exercised by farmers and others. It is time that the ruling dispensation listens carefully to the demands being made and demonstrates its respect for democratic traditions, procedures and practices by engaging in dialogue inside and outside Parliament.
---
Click here for signatories

Comments

What Sister Nivedita understood about India that we have forgotten

By Harasankar Adhikari In the idea of a “Vikshit Bharat,” many real problems—hunger, poverty, ill health, unemployment, and joblessness—are increasingly overshadowed by the religious contest between Hindu and Muslim fundamentalisms. This contest is often sponsored and patronised by political parties across the spectrum, whether openly Hindutva-oriented, Islamist, partisan, or self-proclaimed secular.

Safety, pay and job security drive Urban Company gig workers’ protest in Gurugram

By A Representative Gig and platform service workers associated with Urban Company have stepped up their protest against what they describe as exploitative and unsafe working conditions, submitting a detailed Memorandum of Demands at the company’s Udyog Vihar office in Gurugram. The action is being seen as part of a wider and growing wave of dissatisfaction among gig workers across India, many of whom have resorted to demonstrations, app log-outs and strikes in recent months to press for fair pay, job security and basic labour protections.

India’s universities lag global standards, pushing students overseas: NITI Aayog study

By Rajiv Shah A new Government of India study, Internationalisation of Higher Education in India: Prospects, Potential, and Policy Recommendations , prepared by NITI Aayog , regrets that India’s lag in this sector is the direct result of “several systemic challenges such as inadequate infrastructure to provide quality education and deliver world-class research, weak industry–academia collaboration, and outdated curricula.”

The rise of the civilizational state: Prof. Pratap Bhanu Mehta warns of new authoritarianism

By A Representative Noted political theorist and public intellectual Professor Pratap Bhanu Mehta delivered a poignant reflection on the changing nature of the Indian state today, warning that the rise of a "civilizational state" poses a significant threat to the foundations of modern democracy and individual freedom. Delivering the Achyut Yagnik Memorial Lecture titled "The Idea of Civilization: Poison or Cure?" at the Ahmedabad Management Association, Mehta argued that India is currently witnessing a self-conscious political project that seeks to redefine the state not as a product of a modern constitution, but as an instrument of an ancient, authentic civilization.

Gig workers’ strike halts platforms, union submits demands to Labour Ministry

By A Representative India’s gig economy witnessed an partial disruption on December 31, 2025, as a large number of delivery workers, app-based service providers, and freelancers across the country participated in a nationwide strike called by the Gig & Platform Service Workers Union (GIPSWU). The strike, which followed days of coordinated protests, shut down major platforms including Zomato , Swiggy , Blinkit , Zepto , Flipkart , and BigBasket in several areas.

Why experts say replacing MGNREGA could undo two decades of rural empowerment

By A Representative A group of scientists, academics, civil society organisations and field practitioners from India and abroad has issued an open letter urging the Union government to reconsider the repeal of the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA) and to withdraw the newly enacted Viksit Bharat–Guarantee for Rozgar and Ajeevika Mission (Gramin) Act, 2025. The letter, dated December 27, 2025, comes days after the VB–G RAM G Bill was introduced in the Lok Sabha on December 16 and subsequently approved by both Houses of Parliament, formally replacing the two-decade-old employment guarantee law.

From Kerala to Bangladesh: Lynching highlights deep social faultlines

By A Representative The recent incidents of mob lynching—one in Bangladesh involving a Hindu citizen and another in Kerala where a man was killed after being mistaken for a “Bangladeshi”—have sparked outrage and calls for accountability.

NYT: RSS 'infiltrates' institutions, 'drives' religious divide under Modi's leadership

By Jag Jivan A comprehensive New York Times investigation published on December 26, 2025, chronicles the rise of the Rashtriya Swayamsevak Sangh (RSS) — characterized as a far-right Hindu nationalist organization — from a shadowy group founded in 1925 to the world's largest right-wing force, marking its centenary in 2025 with unprecedented influence and mainstream acceptance. Prime Minister Narendra Modi , who joined the RSS as a young boy and later became a full-time campaigner before being deputized to its political wing in the 1980s, delivered his strongest public tribute to the group in his August 2025 Independence Day address. Speaking from the Red Fort , he called the RSS a "giant river" with dozens of streams touching every aspect of Indian life, praising its "service, dedication, organization, and unmatched discipline." The report describes how the RSS has deeply infiltrated India's institutions — government, courts, police, media, and academia — ...

Reshaping welfare policy? G-RAM-G marks the end of rights-based rural employment

By Ram Puniyani With the Ram Janmabhoomi Rath Yatra, the BJP’s political strength began to grow. From then on, it started projecting itself as a “party with a difference.” Gradually, the party’s electoral success graph kept rising. However, many thinkers and writers did not find this particularly worrying at the time, as they saw little difference between the BJP and the ruling Congress. The BJP’s real face began to emerge when it became the principal party of the NDA led by Atal Bihari Vajpayee. It first came to power for two brief tenures—13 days and then 13 months—and subsequently governed for nearly six years with Vajpayee as Prime Minister. During this period, many of these writers began to understand that the BJP was indeed a “different kind” of party, as even then the process of undermining democratic values and norms had begun. During the first term of the UPA government, several schemes were implemented that were based on the concept of “rights.” These included the right...

Search This Blog