Skip to main content

Evading federalism: Centre 'bracketed' farm laws under Union list's Trade and Commerce

Counterview Desk

The virtual Kisan Sansad, a civil society initiative held on January 23 and 24, 2021 at the Guru Teg Bahadur Memorial at Singhu, Delhi, has demanded the repeal of the three central farm laws, legalisation of minimum support price (MSP), and condemned the government’s “repression” of the farmer protests.
Participated by senior politicians from across the country, including past and present members of Parliament and MLAs, farmers’ leaders, academics, former civil servants, ex-justices, and well-known social activists, it saw speakers point towards how the three laws would pose a threat to farmers and food security.
Speakers said, the three laws were aimed at dismantling the public distribution system currently in place in order to replace it with cash transfer, even as underlining these were passed violating the Constitution’s federal structure. According to them, these were meant to please a few private companies. 

Text of the three resolutions: 

Legalising minimum support price

The National Commission on Farmers, better known as the Swaminathan Committee after its Chairperson Professor MS Swaminathan, recommended about 15 years ago in its report that farmers should receive a margin of 50% for their produce over and above their cost of cultivation. Political parties of different leanings have promised this in their manifestoes and even formed governments since then but this is yet to be implemented.
The current ruling dispensation at the centre has incorrectly claimed that it has implemented this by not calculating the cost of cultivation as recommended in the Swaminathan Committee report. Farmers in India have been agitating for months in their states and for around two months now in Delhi and one of their demands is to have a minimum remunerative price for their produce. They are demanding that the government provide a legal guarantee for a Minimum Support Price (MSP).
In solidarity with the farmers of India, this Kisan Sansad resolves that farmers must be guaranteed MSP in law and a guaranteed procurement of the notified crops at this MSP. The Sansad demands that the government immediately accepts this demand of the farmers in principle and form a suitable committee to recommend how this policy can be enacted in law and draft a bill which may then be placed before Parliament for deliberation and passing within a fixed timeframe, preferably in the next monsoon session to enable the farmers to benefit from this kharif harvest itself.

Government repression of the kisan aandolan

For several months, farmers across the country have been agitating against the three farm laws brought by the government and for getting a fair MSP for their crops. Lakhs of them have been living on the streets on the borders of Delhi since they were prevented from entering Delhi where they wanted to sit and peacefully register their protest against the laws. The government used water cannons, tear gas shells, dug deep trenches and put sand filled containers and trucks in the way to prevent them from entering Delhi. 
Many ministers of this government and spokesmen of the BJP along with their lapdog media have abused the protesting farmers and accused them of being Kalistanis, terrorists and in the pay of Pakistan and China. After a long and tortuous negotiation the government was forced to let the farmers organise their own Republic Day Tractor Parade in Delhi.
The sansad condemns the repression, disinformation and false accusations hurled upon the protesting farmers by the government and lapdog media and its insensitivity to the exemplary and peaceful protests in the harsh cold and rain in which over 150 farmers have already died. The sansad expresses its satisfaction that the government has finally realized the folly of not allowing the farmers to take out a tractor parade on Republic Day in Delhi. 
Kisan Sansad resolved that farmers must be guaranteed MSP in law and a guaranteed procurement of the notified crops at this MSP
But it condemns the government of Uttar Pradesh where farmers are not being allowed to participate in protests. The sansad salutes the resolute spirit that the farmers have displayed in protesting at the borders of Delhi and the remarkable organisation and spirit of service and solidarity that has been displayed by the farmers.

Repeal of three farm Acts

The Kisan Sansad demands full repeal of three recently passed agriculture related acts: Farmers’ Produce Trade and Commerce (Promotion and Facilitation) Act, 2020, Essential Commodities (Amendment) Act, 2020, and Farmers (Empowerment and Protection) Agreement on Price Assurance and Farm Services Act, 2020. The demand for repeal of these Acts is in support of and in agreement with the demands of the agitating farmers across the country because:
  1. These three Acts seek to alter the legal architecture of Indian agriculture to the detriment of the farmers. These acts would together give unregulated freedom to corporate and agri-businesses at the expense of crores of small and marginal farmers of India.
  2. The passage of these acts did not involve any pre or post legislative consultation with the principal stake-holders, the farmers. Farmers must be taken into confidence before a government seeks to alter the conditions of their life and livelihood. No draft bill was circulated for public comments as required by the rules. The bills were not referred to a standing committee or even properly voted on in the Rajya Sabha but were rushed through parliament in violation of parliamentary procedure. 
  3. ‘Agriculture’ and ‘markets’ are State subjects under the Constitution, and through these Acts, the Centre is blatantly encroaching into the domain of the State governments. The Centre is using the item "trade and commerce" under the Union List to justify these Central Acts, but farmers contend that it is ‘Markets’ that are being directly and drastically affected by the laws. 
  4. Any amendments to these laws as is being proposed by the government will continue to keep the Acts alive, allowing the government to pass executive orders that might once again weaken the position/protection of farmers’ interests. 
In light of this, the governments offer of suspending the laws for one and a half years makes no sense since that would also have to be done through legislation. Since the government seems committed to making amendments in the laws after consultation with farmer’s organisations, there is no reason not to repeal the laws and then bring in laws in the interests of farmers, afresh, after full consideration and consultation.
The government seems to be standing only on ego and prestige. The sansad therefore resolves that the three farm laws be immediately withdrawn through appropriate ordinance/legislation.

Comments

TRENDING

Whither space for the marginalised in Kerala's privately-driven townships after landslides?

By Ipshita Basu, Sudheesh R.C.  In the early hours of July 30 2024, a landslide in the Wayanad district of Kerala state, India, killed 400 people. The Punjirimattom, Mundakkai, Vellarimala and Chooralmala villages in the Western Ghats mountain range turned into a dystopian rubble of uprooted trees and debris.

Advocacy group decries 'hyper-centralization' as States’ share of health funds plummets

By A Representative   In a major pre-budget mobilization, the Jan Swasthya Abhiyan (JSA), India’s leading public health advocacy network, has issued a sharp critique of the Union government’s health spending and demanded a doubling of the health budget for the upcoming 2026-27 fiscal year. 

Iswar Chandra Vidyasagar’s views on religion as Tagore’s saw them

By Harasankar Adhikari   Religion has become a visible subject in India’s public discourse, particularly where it intersects with political debate. Recent events, including a mass Gita chanting programme in Kolkata and other incidents involving public expressions of faith, have drawn attention to how religion features in everyday life. These developments have raised questions about the relationship between modern technological progress and traditional religious practice.

Election bells ringing in Nepal: Can ousted premier Oli return to power?

By Nava Thakuria*  Nepal is preparing for a national election necessitated by the collapse of KP Sharma Oli’s government at the height of a Gen Z rebellion (youth uprising) in September 2025. The polls are scheduled for 5 March. The Himalayan nation last conducted a general election in 2022, with the next polls originally due in 2027.  However, following the dissolution of Nepal’s lower house of Parliament last year by President Ram Chandra Poudel, the electoral process began under the patronage of an interim government installed on 12 September under the leadership of retired Supreme Court judge Sushila Karki. The Hindu-majority nation of over 29 million people will witness more than 3,400 electoral candidates, including 390 women, representing 68 political parties as well as independents, vying for 165 seats in the 275-member House of Representatives.

Jayanthi Natarajan "never stood by tribals' rights" in MNC Vedanta's move to mine Niyamigiri Hills in Odisha

By A Representative The Odisha Chapter of the Campaign for Survival and Dignity (CSD), which played a vital role in the struggle for the enactment of historic Forest Rights Act, 2006 has blamed former Union environment minister Jaynaynthi Natarjan for failing to play any vital role to defend the tribals' rights in the forest areas during her tenure under the former UPA government. Countering her recent statement that she rejected environmental clearance to Vendanta, the top UK-based NMC, despite tremendous pressure from her colleagues in Cabinet and huge criticism from industry, and the claim that her decision was “upheld by the Supreme Court”, the CSD said this is simply not true, and actually she "disrespected" FRA.

With infant mortality rate of 5, better than US, guarantee to live is 'alive' in Kerala

By Nabil Abdul Majeed, Nitheesh Narayanan   In 1945, two years prior to India's independence, the current Chief Minister of Kerala, Pinarayi Vijayan, was born into a working-class family in northern Kerala. He was his mother’s fourteenth child; of the thirteen siblings born before him, only two survived. His mother was an agricultural labourer and his father a toddy tapper. They belonged to a downtrodden caste, deemed untouchable under the Indian caste system.

Stands 'exposed': Cavalier attitude towards rushed construction of Char Dham project

By Bharat Dogra*  The nation heaved a big sigh of relief when the 41 workers trapped in the under-construction Silkyara-Barkot tunnel (Uttarkashi district of Uttarakhand) were finally rescued on November 28 after a 17-day rescue effort. All those involved in the rescue effort deserve a big thanks of the entire country. The government deserves appreciation for providing all-round support.

Ganga-Jamuni Tehzeeb: Akbar to Shivaji -- the cross-cultural alliances that built India

​ By Ram Puniyani   ​What is Indian culture? Is it purely Hindu, or a blend of many influences? Today, Hindu right-wing advocates of Hindutva claim that Indian culture is synonymous with Hindu culture, which supposedly resisted "Muslim invaders" for centuries. This debate resurfaced recently in Kolkata at a seminar titled "The Need to Protect Hinduism from Hindutva."

Drowning or conspiracy? Singapore findings deepen questions over Zubeen Garg’s death

By Nava Thakuria*  For millions of fans of Zubeen Garg, who died under unexplained circumstances in Singapore on 19 September last year, disturbing news has emerged from the island nation. Its police authorities have stated that the iconic Assamese singer died while intoxicated and swimming in the sea without a mandatory life jacket.