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Congress-ruled states mulling over legal ways to nullify Centre's farm laws

Congress chief Sonia Gandhi directed the party ruled states to frame laws which can override the Union Government's farm laws. The states may approach the Supreme Court or unitedly call for a special session to pass legislation against the laws.

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Published : Oct 7, 2020, 8:20 PM IST

New Delhi: Congress-ruled states and Union Territories including Punjab, Rajasthan, Chhattisgarh and Puducherry may soon approach Supreme Court or even call a special session to pass legislation that can override the three controversial farm laws, introduced by Central Government in the last Monsoon Session of Parliament.

After the President of India gave his assent to the three farm bills, Congress Chief Sonia Gandhi had asked her party ruled states to explore possibilities of passing state laws under Article 254(2) of the constitution to bypass these Central Government's farm laws.

While Chhattisgarh and Punjab Governments are seeking legal routes into the matter and may soon move to Supreme Court against these laws, Rajasthan is planning to pass an ordinance in the state. Puducherry is like to bring a resolution in this regard.

While speaking exclusively to ETV Bharat, Chhattisgarh Agriculture Minister Ravindra Choubey said, "Centre has framed the laws on agriculture which is actually a state subject in our Constitution. Agriculture is not in the Concurrent List of Constitution. We are going to approach the Supreme Court on this ground and therefore we are getting in touch with the top advocates there."

"If needed, the State Assembly will also pass its legislature against these laws and preparation is underway. The next assembly session will be held in winters, but if necessary, we may also call a Special session but we will not let these laws get implemented in our state as these will harm our farmers," he further added.

Read: Modi's 'kaala kanoon' will destroy farming structure: Rahul Gandhi

A party source also informed that Abhishek Manu Singhvi and other Congress' legal team members have prepared a draft of the bill for states to get an idea for their own respective bills.

Punjab Chief Minister, while addressing a press conference with Congress leader Rahul Gandhi, on Tuesday, had said that his government will soon hold a special session of the State Assembly in order to override Center's farm laws. Earlier, he even sought suggestions from legal experts, while asserting that his Government will challenge these laws in the apex court.

Last week, Rajasthan Government held a meeting of State Cabinet, deciding to adopt legal ways and to find out alternatives to bypass Center's farm legislatures. However, under Article 254(2), the law made by the state legislature will prevail only if it gets the assent of President of India to overrule Center's legislature.

"We are exploring other ways as well so that we can safeguard our farmers from these anti-farmer black laws. However, the method suggested will eventually need consent from the President of India. I personally feel that the President who has signed these bills into law would think twice to approve anything which will negate these laws," told Sunil Jakhar, Punjab Pradesh Congress Committee Chief, to ETV Bharat.

"I believe, under the Constitutional rights of a state, if we need to make amendments on few points of the Centre's law then we do not need to get the assent of the President of India," opined Ravindra Chaubey.

Congress party is opposing three farm bills including Farmers' and Produce Trade and Commerce (Promotion and Facilitation) Bill, 2020, Farmers (Empowerment and Protection) Agreement on Price Assurance and Farm Services Bill, 2020, and the Essential Commodities (Amendment) Bill, 2020, which got passed in Parliament despite opposition's protest.

Rahul Gandhi led a three-day 'Tractor Rally', namely Kheti Bachao Yatra, in Punjab and Haryana against these three farm laws and also promised the protesting farmers that his party will repeal the legislation as the current government is favouring "big corporates" while compromising the interests of the agrarian community of the country.

Also read: Rahul terms Centre's new farm laws 'attack on India's soul'

New Delhi: Congress-ruled states and Union Territories including Punjab, Rajasthan, Chhattisgarh and Puducherry may soon approach Supreme Court or even call a special session to pass legislation that can override the three controversial farm laws, introduced by Central Government in the last Monsoon Session of Parliament.

After the President of India gave his assent to the three farm bills, Congress Chief Sonia Gandhi had asked her party ruled states to explore possibilities of passing state laws under Article 254(2) of the constitution to bypass these Central Government's farm laws.

While Chhattisgarh and Punjab Governments are seeking legal routes into the matter and may soon move to Supreme Court against these laws, Rajasthan is planning to pass an ordinance in the state. Puducherry is like to bring a resolution in this regard.

While speaking exclusively to ETV Bharat, Chhattisgarh Agriculture Minister Ravindra Choubey said, "Centre has framed the laws on agriculture which is actually a state subject in our Constitution. Agriculture is not in the Concurrent List of Constitution. We are going to approach the Supreme Court on this ground and therefore we are getting in touch with the top advocates there."

"If needed, the State Assembly will also pass its legislature against these laws and preparation is underway. The next assembly session will be held in winters, but if necessary, we may also call a Special session but we will not let these laws get implemented in our state as these will harm our farmers," he further added.

Read: Modi's 'kaala kanoon' will destroy farming structure: Rahul Gandhi

A party source also informed that Abhishek Manu Singhvi and other Congress' legal team members have prepared a draft of the bill for states to get an idea for their own respective bills.

Punjab Chief Minister, while addressing a press conference with Congress leader Rahul Gandhi, on Tuesday, had said that his government will soon hold a special session of the State Assembly in order to override Center's farm laws. Earlier, he even sought suggestions from legal experts, while asserting that his Government will challenge these laws in the apex court.

Last week, Rajasthan Government held a meeting of State Cabinet, deciding to adopt legal ways and to find out alternatives to bypass Center's farm legislatures. However, under Article 254(2), the law made by the state legislature will prevail only if it gets the assent of President of India to overrule Center's legislature.

"We are exploring other ways as well so that we can safeguard our farmers from these anti-farmer black laws. However, the method suggested will eventually need consent from the President of India. I personally feel that the President who has signed these bills into law would think twice to approve anything which will negate these laws," told Sunil Jakhar, Punjab Pradesh Congress Committee Chief, to ETV Bharat.

"I believe, under the Constitutional rights of a state, if we need to make amendments on few points of the Centre's law then we do not need to get the assent of the President of India," opined Ravindra Chaubey.

Congress party is opposing three farm bills including Farmers' and Produce Trade and Commerce (Promotion and Facilitation) Bill, 2020, Farmers (Empowerment and Protection) Agreement on Price Assurance and Farm Services Bill, 2020, and the Essential Commodities (Amendment) Bill, 2020, which got passed in Parliament despite opposition's protest.

Rahul Gandhi led a three-day 'Tractor Rally', namely Kheti Bachao Yatra, in Punjab and Haryana against these three farm laws and also promised the protesting farmers that his party will repeal the legislation as the current government is favouring "big corporates" while compromising the interests of the agrarian community of the country.

Also read: Rahul terms Centre's new farm laws 'attack on India's soul'

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