New Delhi: CPI MP Binoy Viswam on Monday filed a writ petition in Supreme Court challenging the constitutional validity of the newly enacted three agriculture laws. Urging the apex court to strike down the laws as unconstitutional, the MP in his petition alleged that the legislations violate the federal structure of India’s constitutional framework.
“The challenge proceeds on two levels: At the first level, the petitioner claims that the passage of two of the farmers’ Bills in the Rajya Sabha by a voice vote deprived it of chance to properly deliberate and vote on the statutes prior to its passing,” the Left leader said in a statement. According to Viswam, “this violates Articles 100 and 107 of the Constitution of India, depriving the Upper House of proper consideration of the bill passed”. On the second level, Viswam challenges the statutes on various grounds as being in violation of Articles 14, 19, and 21 of the Constitution.
“The petitioner also charges parliament to have no legislative competence to enact the legislations as being in violation of the division of subjects under Schedule VII of the Constitution,” the statement said. Parliament recently passed the three Bills — 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 Essential Commodities (Amendment) Act 2020. These have came into effect from September 27 after President Ram Nath Kovind gave his assent.
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