SUPREME COURT MADE REFEREE IN INDIAN FARMERS-GOI DEADLOCK –WILL THIS GIVE JUSTICE?
Farmers’ Argue: The implementation of the acts in its current form will spell disaster for the farming community by opening a parallel market which is regulated and gives enough place for exploitation of the farmers.
(Thousands of farmers continue to camp at the national capital’s borders demanding the repeal of the contentious farm laws even as Delhi recorded a minimum temperature of 4.6 degrees Celsius)
GOI Argues: Says that the farm acts have been welcomed in states across the country and the Centre is ready to talk with genuine protesting farmers’ unions.
Supreme Court : SC advises Centre to put farm laws on hold.
Is there any silver lining for an early redress of the protesters’ concerns who are braving December Chill day-night on Delhi roads ? Anybody’s guess -in view of our delayed justice delivery system !
However, below are in original JPEG of Supreme court proceedings on 17-12-2020 in a WRIT PETITION by a Delhi Citizen:
10 comments
Dear Sir. I hope sane voices will prevail after the SC verdict and all concerned parties will work towards a solution in the interest of the country and the people are facing all sort of hardships.
Although Hon. SC is all determined to solve this complex issue but the moot point is that whether Centre will listen to the farmers or not in a modest manner.Though the matter is subjudice and should not be commented upon, but what I feel is that Govt. doesn’t want to even withhold the implementation of laws for the time being.Authorities should shed their egotistical attitude.
Surely it will give justice to general public and it should lay down guidelines for any protests and recording identity of the protesters as well as the leaders of the protesters so that they can be held accountable if any damage or violence done. Right to protest must be balanced with right to life for general public. Recording identity of the protesters will also make sure that unscrupulous elements don’t creep into the protests.
Besides Supreme Court’s proposal there is another initiative where by one 8 Page Letter is sent by the Agriculture Minister to Farmers Unions agitating there in Delhi inviting them for discussion.
The Center doesn’t have any interest in the farmers otherwise hon’ble PM wouldn’t have been visiting all over the country attending to other issues and of late visiting different states meeting farmers clarifying benefits of Farm Acts instead of listening to the plight of millions of farmers agitating all over the country and thousands who are there on the roads around Delhi for the last three weeks.
Some clarification required:
“An Ordinance is a law made by the Government without obtaining the blessings of the legislature. Article 123 of the Constitution of India, which allows ordinances was originally intended to allow the Government to pass *critical laws* when the Parliament was not in session or to deal with extraordinary, unforeseen or emergency circumstances.”
Q.1 Can these circumstances ‘extraordinary, unforeseen or emergency’ be challenged?
(Reason can not be Covid-19 as there are huge gatherings and are still continuing during State or Local Bodies Elections, Election Campaigns, Millions of Students/Candidates appearing for various Examinations, Markets flooded with customers?)
Promulgation of an ordinance has to be ratified by the President. Such ordinances carry the full force of a law made by the legislature with one catch. The law only remains in force for six weeks once the Parliament is reconvened, at which time it must be approved by both Houses of Parliament in order to become a law.
Q.2. Is this exercise as above ‘approval of both the Houses’ still left to be done?
Q.3. If not, then why the apex court has said, “It would refer the matter to a vacation bench and suggested that the *government not take any action to implement the law till the court takes a final decision on the issue*.”?
Q.4. Once the Ordinance has become Law is it yet to be Implemented? What is the process?
Regards.
Only a genuine dialogue between the powers that be and the agitating farmers of the country can help,provided the negotiators on both sides enjoy full authority to decide.
Direct intervention by the PM is very likely to produce good results.
Justice delayed is justice denied…lets look at it objectively. The duo Mr Modi and Ms Shah are in no mood to relent on the 3 farm laws. Recent history is a witness that judiciary in India is thoroughly compromised though not all justices are bad but as Marlon Brando in movie The Godfather says ‘everyman has a price, find out and buy him outright’ – govt has enormous economic, political and social power to swing the outcome of such mass movements in its favour. Selective intervention of SC in itself is an indication of a move to diffuse the current situation. UP has selectively started economic prosecution of the farm leaders and who knows what’s in store for Mr Rajewal and the other 33 leaders around him who most are honest hardworking people but generally naive to understand the intricacies of state power. Over dozen people have already lost their lives and does anyone rwally think these politicians have any regard for human life and sufferings..absolutely not..if 84 is any indication. The way things stand now the outlook doesn’t seem very good and only the invisible but omnipotent hand of God can help the farmers to achieve what they want and rightfully deserve
Very correct,sir.
Please do read, but a senior bureaucrat says at the following link.
https://www.facebook.com/100000935094624/posts/4911813678859753/?app=fbl
HOPEFULLY SOME SOLUTION MIGHT COME
Govt should withdraw three Bills
Now the ball is in the Court of judiciary. The Hon’ble Supreme Court has rightly passed a very genuine interim order in favour of protesters , residents as well as Govt.for the time being in order to maintain peace. Now only after hearing the submissions of all the effected parties at length by the Hon’ble Apex Court, final decision will be pronounced, which we can hope be given due respect by all concerned.