NEW DELHI/CHANDIGARH: Stepping up her attack on the new farm laws that have left a section of the farmers roiled, Congress President Sonia Gandhi on Monday asked party-ruled states to explore the possibility of workaround laws under Article 254(2) of the Constitution to override the contentious reform legislations.
While Congress-ruled state governments are also exploring legal options, a party MP from Kerala, T N Prathapan, has already approached the Supreme Court challenging the constitutional validity of the Farmers (Empowerment and Protection) Agreement of Price Assurance and Farm Services Bill, 2020.
Farmers, especially in Punjab and Haryana, have been agitating against the three laws, which the Centre says are revolutionary as they would ensure better price for their produce.
Among the sticking points in the new laws, according to the Opposition, are the lack of explicit guarantees written into them on continuing the existing minimum support price (MSP) system and allowing big corporate houses into the farm sector.
“Hon’ble Congress President has asked Congress-ruled states to explore the possibilities to pass laws in their states under Article 254(2) of the Constitution, which allows the state legislatures to pass a law to override a Central law, which then comes for President’s assent,” said K C Venugopal, Congress general secretary in charge of the organisation.
According to Article 254(2), “Where a law made by the Legislature of a State with respect to one of the matters enumerated in the Concurrent List contains any provision repugnant to the provisions of an earlier law made by Parliament or an existing law with respect to that matter, then, the law so made by the Legislature of such State shall, if it has been reserved for the consideration of the President and has received his assent, prevail in that State.”
As for the legal challenge, Punjab Chief Minister Capt Amarinder Singh said agitation and legal recourse will have to be undertaken simultaneously.
“Our lawyers are coming from Delhi tomorrow (Tuesday). We will discuss how to proceed in the matter and then challenge the legislation in the Supreme Court,” he said.
Rajasthan Chief Minister Ashok Gehlot submitted a memorandum to President Kovind and Governor Kalraj Mishra seeking the rollback of the legislations. His Chhattisgarh counterpart Bhupesh Bhagel said a resolution opposing the laws will be brought in the next Assembly session.
Plan to intensify stir in Punjab
Farmers plan to lay siege to corporate houses, offices, malls and residences of BJP leaders in Punjab. Congress leader Rahul Gandhi is expected to join agitating Punjab farmers on Gandhi Jayanti on Oct 2