RJP MP, Manoj Jha, next to challenge new Farmers Acts in Supreme Court; says legislations encourage corporatization of agriculture

Rashtriya Janata Dal (RJD) MP, Manoj Jha is the latest political leader to move the Supreme Court assailing the Constitutional validity of the newly passed and controversial Farmers' Acts..The MP has challenged three newly passed laws: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, andThe 2020 Amendment to the Essential Commodities Act..The petition filed by Jha terms these laws as "unconstitutional" on the grounds of their being "discriminatory and manifestly arbitrary" as well as being against the Basic Structure of the Constitution. .The petition says,."The Impugned Acts encourages corporatization of India Agriculture which is the lifeline of the poor farmers and key to the survival of the nations agriculture sector. The Impugned Acts primarily intends to sacrifice the interest of the farmers and leave them at the mercy of the Sponsors without any proper dispute resolution mechanism.".It is contended that these laws would effectively pit the farmers against big corporations and place them in a position with disproportionately low bargaining power. As such, the laws are adverse for the interests of the farmers' community, it is averred..The newly passed laws do not provide for a standard Minimum Selling Price (MSP). The pricing of produce is stipulated to be governed and determined by agreements entered into between the corporations and farmers. In this backdrop, the petition adds,."...instead of the ensuring the MSP, the Act intends to corporatise peasant agriculture and erode the existing legal safeguards that prevent direct invasion of rural agriculture market by the monopoly corporate forces.".The new laws also do not provide for adequate dispute resolution mechanisms, it is stated. The parties to disputes are expected to resolve the same through conciliation means provided for in the agreements with a provision for appeal before the Collector. The new provisions leave the small and marginal farmers most vulnerable to being exploited by the Sponsors and Corporations, the petitioner submits..Another ground for challenging these laws is that agriculture is an entry in the State List of the Constitution, which essentially excludes the Parliament's power to legislate on the subject. Therefore, the new laws are passed in "blatant breach of the principles of Federal structure" of the Constitution, Jha's petition argues..The PIL also invokes Articles 14 and 23 and says that the laws violate these Constitutional provisions, making them liable to be set aside. .The tabling of these Farmers Bills during the Monsoon Session of Parliament had led to a huge ruckus, with the opposition registering fierce resistance to their passage..However, the Bills were passed through a voice vote in the Rajya Sabha and have now also received the President's assent amid nationwide agitation among the farmers' community..This petition by Kha has been filed through Advocate Fauzia Shakil..Earlier, Congress MP from Kerala, TN Prathapan, followed by DMK MP from Tamil Nadu, Tiruchi Siva had filed similar petitions questioning the validity of these legislations.