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HomeIndiaThis is how Congress states are planning to fight govt's farm laws,...

This is how Congress states are planning to fight govt’s farm laws, even if it’s ‘symbolic’

Rajasthan, Chhattisgarh, Punjab, Puducherry may call House sessions to pass bills to negate Centre’s agri laws, but their bills will require governor’s & the President’s assent.

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New Delhi: Congress-ruled states/UTs — Rajasthan, Chhattisgarh, Punjab, Puducherry — are expected to soon call special assembly sessions to pass bills that will override the three controversial farm laws introduced by the BJP-led government at the Centre last month.

This came after Congress president Sonia Gandhi directed the states to consider passing laws under Article 254(2) of the Constitution, which would “negate the anti-agriculture Central laws encroaching upon the state’s jurisdiction”, according to a party statement issued last month.

While Rajasthan is planning to bring in an ordinance soon, Chhattisgarh and Punjab are contemplating legal routes as well to fight the Centre’s laws. Puducherry, meanwhile, is yet to draft a bill.

The Congress’ legal team has prepared a draft of the bill, which will be sent to the states for them to follow while preparing their respective bills.

“The draft has been made by some of the party’s best legal minds like Abhishek Manu Singhvi. We have ensured that all the problematic clauses (of the Centre’s farm laws) are removed and things like mandatory MSP are included,” a Congress leader, who didn’t want to be named, told ThePrint.

The Centre’s agri laws had roiled the Parliament last month and sparked farmers protests in several parts of the country as they see them as unfair and exploitative. The row also led one of BJP’s oldest allies, the Shiromani Akali Dal, to break away from the NDA alliance.

The strategy to bring in state bills to negate central laws isn’t a new practice as the NDA government in 2015 had asked BJP-ruled states to bring their own laws to escape logjam over amendments to the Land Acquisition Act of 2013 passed by the Congress-led UPA.

Although Sonia Gandhi has asked states to explore the possibilities of introducing their own bills, Congress leaders are concerned over how such bills will become laws as they will require both the governor’s and subsequently the President’s assent.


Also read: How Modi govt’s 3 contentious farm bills have exposed SAD, Congress & BJP’s hypocrisy


Legal routes to fight central laws

In Chhattisgarh, Congress leaders are thinking of legal routes if their bills don’t get the governor’s or the President’s sanction.

“Agriculture is a state subject. There is no reason why the governor or President could object to the laws once passed by the state assembly. But if something of this sort happens, we will consider going to the court and take this up legally,” Chhattisgarh Congress MLA Vijay Upadhyay told ThePrint.

Rajasthan leaders are, meanwhile, contemplating bringing in an ordinance in the next few weeks.

“The next assembly session will likely be in January. So instead, we will bring in an ordinance that will replace the laws in the state,” said a senior Rajasthan Congress leader, who didn’t want to be named.

An ordinance is a law that is brought in after approval from the cabinet when the House is not in session. However, an ordinance expires within six weeks of an assembly session.

Puducherry, meanwhile, is contemplating on how to go about it as introducing a bill in the union territory will require permission from the Modi government.

Speaking to ThePrint, Puducherry Chief Minister V. Narayanaswamy said the union territory is yet to receive the model draft of the bill from the Congress’ legal team.

“We need permission from the government of India before introducing a bill. We will receive the model law from the party today (Monday) and draft a bill based on that,” Narayanaswamy said.

According to the Rules of Business of the Government of Pondicherry Act, 1963: “The administrator may refer to the central government any draft bill before it is introduced in the legislature of the Union territory. When a draft bill is referred to the central government under this rule, the advice of the central government shall be awaited before the bill is introduced in the legislature of the Union territory.” 


Also read: When Modi govt came to power, farmer protests increased 700% — the 3 bills are its result


State bills would be a ‘symbolic fight’

Punjab, which is one of the major states leading the protests against the agri laws, is also planning legal routes to fight the Centre’s legislations.

While Chief Minister Captain Amarinder Singh has said he will fight the farm laws, he does not seem too keen on introducing a bill in the state assembly, said a senior Congress leader in the state on condition of anonymity.

“He is certain that the governor will not sign such an Act, and if he does not, then the President might not. So he is tilting towards finding another legal route to fight the laws,” the leader added.

In an interview to Hindustan Times last week on the subject of passing a bill in the state assembly, Singh said: “This is subject to Presidential assent. This President is not going to approve it… here (in Punjab) even this governor is not going to sign such a bill passed by the Punjab assembly. If he doesn’t do that, it will not go to the President.” 

Speaking to ThePrint, Congress leader from Punjab and Rajya Sabha MP Pratap Singh Bajwa said introducing such a bill would be a “symbolic fight”.

“It might not have desired results, but if we hold a session, it will unite the sentiment of the entire state. We may not succeed, but it will be a symbolic fight,” he said.


Also read: Farm reform bills are a beginning, not the agricultural equivalent of 1991


 

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