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09 December THE LEGAL PROBLEMS WITH NEW FARM ACTS

1. The bill attempts  to sell the produce much like stock exchange ( nothing wrong with it )

2. Agriculture is under the purview of state list. Centre has no jurisdiction.

So attempt to undermine powers explicitly given to states under 14,18,28,48 of state list

3. The acts lack legal framework as they deprive states of their revenue via cess or levy

(abolishing mandi board) .

So act challenges separation of power (DPSP)

4. Farming trade will be into digital contract hence farmer is selling his produce in language he doesn’t understand.

So he will hire a middleman to do it for him .

a. This increases operational cost ( much like GST did for small business)

b. This is violation of freedom to carry own trade under article 19(f)

c. Also violation of article 21 ( freedom Liberty and livelihood)

d. This also denies a decent standard of living , violation of article 43( DPSP)

5. There are 2 particular definition in the act

a. When they define farmer they exclude cropper , labour ,tiller (so one who is involved in producing the crop may be denied of his rights )

 b. farming agreement di defination vich , sponsor has the right to refuse the yield rather than the farmer. Sponsor is also incharge of checking legal complaince. Another point where farmer can be exploited

6. Act says trade will happen when produce is of mutually acceptable quality

To ensure this what extend of exploitation will happen of the farmer you can’t even imagine (over use of land , bribes , less rate on paper) as the quality checking will be done by a third party. Again if the farmer has a complaint against his buyer or third party he can’t go to court

7. The farmer has no right to appeal i.e he can’t go to any court or higher courts in case of dispute

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