In rejecting the Supreme Court-appointed expert committee to mediate between farmers and the Narendra Modi government, the farmers’ organisations have not only wisely sidestepped a possible trap, but they have also reaffirmed a basic principle of democratic accountability and responsible governance.
Let there be no confusion about it. The expert committee appointed by the SC is not meant to advise the court on technical matters of agricultural marketing or on the implications of the disputed agricultural laws. The order of the Supreme Court makes it clear that the committee is to facilitate negotiations between the government and farmers’ organisations: “The negotiations between the farmers’ bodies and the government have not yielded any result so far. Therefore, we are of the view that the constitution of a committee of experts in the field of agriculture to negotiate between the farmers’ bodies and the government of India may create a congenial atmosphere and improve the trust and confidence of the farmers.”
The court goes on to specify that the committee has been “constituted for the purpose of listening to the grievances of the farmers relating to the farm laws and the views of the government and to make recommendations.” Presumably, the committee will try to find a middle ground and advise the government on how the laws should be tinkered with in a way so as to satisfy both the government and the protesting farmers.
That is precisely why the farmers’ organisations had resisted, right from the beginning, the idea of any such committee. They have objected to being forced into binding mediation, questioned the instrument of a committee and suspected the composition of such a committee. On all three counts, their assessment has been proven right.
Also read: SC stay on farm laws not a solution, won’t budge unless laws are scrapped, say farmers
Beyond remit
First of all, the farmers have been suspicious of being pushed into binding mediations that they never asked for or consented to.
They have never said no to negotiations with the government. Sure, the talks with the government have been frustrating. The Modi government has been intransigent. Yet, that is the only site for negotiations in a democracy. In the last instance, elected representatives are there to speak to the people. They are accountable to the people and to the farmers. The courts are there to adjudicate between right and wrong, legal and illegal. The courts are not there to engage in give and take, which is a crucial part of any negotiation. That is why the courts are responsible to the Constitution and not accountable to the people. That is the logic of democratic governance. Any attempt to shift the site of negotiation from the government to the judiciary amounts to overturning this basic democratic logic.
The government’s keenness to shift this “headache” and the Supreme Court’s alacrity to take over has strengthened the resistance of the farmers. It needs to be underlined that the protesting farmers did not approach the court. Nor did the government, at least not on paper. The initial petitioners were third parties who wanted the court to evict the farmers from their protest site. The other set of petitioners questioned the constitutionality of the three laws and wanted these scrapped. None of the petitioners prayed for mediation from the court. Yet, from day one, that is what the court was interested in. The court dismissed, rightly so, the pleas asking for eviction of the protesting farmers. It recognised, again rightly so, the democratic rights of the farmers to engage in peaceful protest. As for the pleas, regarding the constitutional validity of the three laws, the court put this on the back burner saying that it will consider these at an appropriate time.
The Supreme Court could have expedited this process by setting a time frame within which it will decide upon the constitutional validity of these three laws. That would have been most appropriate. But it chose not to do so. Instead, the court chose to focus on a third issue beyond what was asked for by any party and beyond its legal remit. Farmers’ organisations were smart enough to resist this move from the beginning.
Also read: All 4 members of SC-appointed panel on farmers’ protest support new farm laws
Technocrats can’t mediate
The second objection of the farmers’ organisations was to the very mechanism of a technical committee of experts. This idea was proposed by the Modi government in the very first round of negotiations held on 1 December, and the farmers rejected it there and then. Such a committee would be very useful to clarify a point of law, or to work out policy or fiscal implications of the proposed laws. Such a committee could also help work out the details of a compromise formula, once the basic framework is agreed to. But a technical committee cannot possibly work out the basic framework itself. Mediation is not done by technocrats. It is done by non-specialists who have some familiarity with the subject, but more importantly, who enjoy the trust and confidence of both parties. The Supreme Court-appointed committee of experts was never going to be that mechanism.
Dushyant Dave and the other three lawyers representing just eight out of 400+ farmers’ organisations involved in this protest were wise to keep away from the court’s deliberations on this issue.
Also read: SC stays implementation of farm laws ‘until further orders’, sets up panel to end deadlock
A partisan committee
Finally, a committee is only as good as its members. It is no secret that the farmers’ organisations were apprehensive about the composition of a committee appointed by the court. The court’s order confirmed their worst fears. The process by which the court arrived at these four names left a lot to be desired, to put it mildly. The same court that chided the government for passing the farm laws without consulting the farmers adopted an even less transparent process to decide upon this committee. Names like P. Sainath and ex-CJIs were thrown around and quietly dispensed with. No one knows who suggested the four names. Little surprise then that the four names have invited disappointment and ridicule. Not because the four members are not respectable, but because these are arguably the four best advocates for the government’s position and the laws. That the court chose such a partisan committee to mediate between the farmers and the government has cast a shadow on itself.
Someone might ask: Forget the technicalities, but what’s wrong with the top court stepping in to resolve a deadlock? Well, that is possible provided the Supreme Court were to enjoy moral authority over and above its legal and constitutional powers. Such moral authority is commanded, not demanded.
The author is the president of Swaraj India. Views are personal.
‘Shoot the messenger’, is the refrain of most of the comments. Shri Yogendra Yadav is anti national, Urban Naxal, anarchist, tukde, tukde gangster, fake intellectual, jihadist, etc etc and has to be shown his place.
Hey, India is my Swaraj too…
When a Government takes a popular policy decision, the media and self-styled experts, who have the welfare of the Nation in mind [all others do not have the same feeling?]) reports it as a case of populism for votes to stay in power! When a policy decision attracts protests from a section of the Nation, the policy is bull dozing. When a Government follows its manifesto, it is majoritarianism and not a consensus decision.
What exactly is democracy in India? How do we move forward with hundreds of political parties in fray in any election? Obviously, any party who can garner 30 odd percent of valid votes gets a majority to rule. If that is what we have chosen, so be it let the Government function. If we are forever protesting, rest assured we will make no progress.
If we the people (represented through the media as well) do not change our attitude, it will be status quo and India will remain a laggard democracy.
Tail piece: To protest is a right. But by exercising that right the cause does not become equally right.
I think you’ve put it very pithily, Col. Sa’ab!
The punch line said it all!!
From CAA to Farm laws, this man is always at the wrong place and wrong time. He was there in Shaheen Baag and tried to Make it look like student’s agitation. He saw the result there. Now again he is using these farm laws for his political gain. This man is a leftist anarchists’. He has lost Election and did so bad that his lost deposits also. He will be shown his place by the public. These Punjabis agitating are not small farmers. They hold large swathes of farm lands and they control Mandis and the whole process. They force the small farmers and buy crops at low price form them and sale at MSP. These reforms will give the small farmers another option which these people don’t want. Not all farmers are against these bills except some of them in pockets and opportunist political parties are exploiting that. But for that why the acts to be scraped? Govt confirmed MSP will be there, Mandis will remain, Also if some states don’t want they are at liberty not to implement that in their states. But the States also don’t want this to happen because they earn taxes from mandis. But they want to fire from the shoulder of the Central govt so that they can use it against BJP. So sad that our country is filled with such people who have no care for the country, they just want money and power and use that only to fill their pockets.
Mr YY please stop ur aversion to NDA and particularly Modi whenever it suits your view SC CJI are good and when not suits they are purchased by govt
When you are a farm specialist then go and convince the committee with your arguments don’t be biased over the committee before you talk
Your political journey is itself a lesson for you if you look within your self
I would like to know why farmers from the Eastern, Western and Southern States are not protesting against the Farm Law. Except for Karnataka no other State among these has a BJP Govt. Are the conditions different in these States or are the farmers clueless?
Yogendra Yadav is one of the leading anti-India personalities paid by foreign powers. I do not know how much of a farmer is this person that he is one of the leaders of this anti-India movement. In the name of farmers, he is j\trying to justify his anti-India stand.
How does this writer get a platform on almost every TV channel and digital website?
How is he qualified to write about farmers? Wasn’t he just an elections poll guy?
How md gori and other Muslim Kingdom from abroad ruled India for a thousand years. We Indian and Hindus want to ask.
Shahin bagh continued for 6 months. Khalustan andolan operated from Canada is going on for 50 days. But Hindu andolan in ramlila maidan under baba ramdev was brutally attacked at midnight woman and chielerm were attacked and killed.
So I hope you got your answer to question how such peopl are reaching each tv chennel. These guests and hosts are representative of Muslim world and foreign power who want to destroy our country and Hindus.
Better answer / reply to his arguments & points instead of
questioning his cast,creed & colour.
You are right. He was good and articulate as a psephologist. But he started believing his expertise with statistics and decided to become a politician. But he failed and was specially humiliated when AAP sacked him and perenial grumbler Bhushan. Both now wish to take revenge on most visible and worthwhile target in India – NaMo. Vindictive intellectuals lose lofic and reason rapidly.
The farmers have a just cause and the government is wrong. But continuing the agitation will only lead to a bloodbath. Sensible thing for the farmers to do is to go home and live to fight another day. Becoming martyrs for MSP is not worthwhile and anyway the problems of agricultural sector in India cannot be solved with just one agitation — the problems are too deep rooted to solve so quickly by even God.
The initial demand of the so-called farmers with the open support of the break India forces was that there was no guarantee that the MSP and APMC will remain after the bill is implemented. First of all, the bill did not mention the MSP & APMC at all. Then during the discussions, the government gave guarantee the MSP & APMC. Then the so-called farmers supported by these anti-India forces changed their goal posts and said that they will not stop their agitation unless the bill is totally withdrawn. Meanwhile, over 60% of genuine farmers of India have already benefitted from the open market option in the bill. The question is, should the democratically elected government surrender to the blackmail of a small percentage of so-called farmers? The bill was passed in accordance to the Constitution of India after detailed debates in both the hoses and passed by the majority members and approved by the President. Such a bill cannot be altered or cancelled without going through the constitutional process.
The citizens, not just farmers will hold Governments responsible and give their unequivocal verdicts in subsequent elections. That is how Indian Constitution had been framed. The protesters for whichever issues can protest in the designated places until upcoming election without causing inconvenience to others.
Many apmc markets are controlled 👋 politicians and political parties. This bill can cripple them. Killing two birds with one stone.
Kindly name the ones you have in mind and the farmers will finish them off – government is not required
I am certainly for Agriculture and Farm reforms. My only question is that the Bills were passed through an Ordinance and there was no tearing hurry for this. More consultations could have been held across the Farming Class and the states. India is federal structure and farming is a state subject. Contract Farming is already existent, which the Bill envisages. The Farmer can sell anywhere but what is the experience. Sugarcane Farmer does not get his dues for months or even years. The Onion Farmer finds that the Government has suddenly banned exports of Onions. A Cauliflower Farmer destroys his crop because prices have dropped below manufacturing Cost and no logistical help to sell at appropriate Markets i.e in other words lack of low cost transportation and more Mandis nearby. As Gurcharan Das explained what we need is more infrastructure and affordable Transportation of Produce. Goyal and Gadkari can easily plan more Mandis along Rail lines and highways. State government can provide free transport like what TN Government has done (Uzhavar Sandais or Farmer Markets)
What an absurd statement? Modi and BJP govt are answerable to the people of the whole of India, not the pampered, corrupt farmers of Punjab! These commentators are getting above themselves!
Where is this “whole India”? You (bhajan mandali) have detached the idea that people constitute a nation. Indians and India are clearly two different things in the political narrative. Where “India” provides big political leverage and certainly the most favourite of right wing howls, “Indians” is the pain in the ass of all politicians and will always be.
Punjabi farmers are protesting because they have something to lose. They don’t want to become like rest of the farmers who have nothing remained to lose.
Settling political scores on the streets in the name of protest is a death of democracy. This is a very serious issue and the people of India needs to answer this with another majority to Modi govt. in 2024.
Moronic Yogendra Yadav who does not have the capability get 1000 votes is the self-appointed leader of the farmers. He is a threat to our country and needs to be behind bars!
Why we are protesting? WE DONT KNOW. What do we want? ‘Kaale kanooon hatao’. Why is the Kanoon ‘kaala’? We dont know kyonki Yogendra ji ne bataya nahin. Who is snatching your land? AMBANI ADANI. Who told you this? Kejriwal, Rahul Gandhi and Sikhs for justice ne saanu bataya hai. Who do you want to die? Modi Yogi & Amit Shah. Why? We hate them as they are hindu people, they are not ashamed of going to hindu temples. yeh to hindu power mein aa gaye 70 saal baad. What is the real agenda of your leaders? Bharat ke tukde. Modi mar jaaye, yogi mar jaaye. Anarchy failao. Who all do you dont trust in india? We dont trust Government, Supreme Court, Election Commission, Covid Vaccine, Adani, Ambani. Not only that we are boycotting Ramdev! Why Ramdev, usne kya kiya hai? Pata nahin, bas we hate him. Who are You actually? We are poor farmers. We are eating pizza everyday, doing stunts on our tractors and making life of common man hell for last 1 month. We will teach indian people lesson everyday, we are also threatning your republic day day. kar lo hamaara jo kar sakte ho! hamaare saathi tumhaari sarkar ko aisa badnaam karenge ki yaad rakhoge.
you are a total farmer genius . Keep up the amazing stories
The last alphabet in your name be moved & placed at last but one.
True, he has tried all the options and he has no job other than opposing Modi. I personally feel sorry for these farmers as they were in trap because of some big middlemen and Politicians, who are trying to destabilize and create an atmosphere as if India under Modi is against farmers. This is the entire motivation behind this protest and nothing else. There farmers don’t know they want. They dont want to be efficient and competent also. They simply want to produce something and want government to buy the same at their decided price. It is as if like I product mobile phone and will ask government to purchase from me at a price decided by me. It is completely foolish thinking.
it appears there is a ordinance in the works wherein all salaried jobs will be auctioned to the lowest bidder on an annual basis. This will help the country progress and it will become competitive and all people will have access to jobs and job shortage will go away
Either the farmers and their supporters are living in denial or most of the comment writers and unwavering supporters of this govt have to wake up and smell the coffee. The rest of us can only sit back and watch one sorry spectacle after another unfold in front of our eyes. Meanwhile one must be sobered by the fact that the economy is tanking, jobs are scarce and people are getting sick and dying. Since the time Modi has taken over reins of the govt and more so since 2019 there has only been negativity, hubris and brazenness – no compassion, no understanding, no gentlemanly behaviour. Is this what Ram, Buddha and Gandhi’s India descended into?
None of the farm law protesters’ intellectual/legal advocates including the columnist here have been able to answer one simple question….for ANY dispute in the world – from choosing the color of a car to sharing of river waters to boundary disputes – what negotiation can happen if one party’s opening and final stance is – we will have 100% of what we want and anything start from there!!
A million rounds of negotiation won’t lead anywhere.
Ultimately someone WILL step in and forcefully resolve the dispute.
I disagree. The learned author is suggesting that the Apex Court has no morality to intervene in this issue. The Court has already clarified that the farmers can continue to agitate, which is their fundamental right. However, by refusing the acknowledge the moral authority of the court, the farmers movement has lost its own moral backing and public sympathy. Firstly, its claim that they represent the entire farming community of India is subject to validation. The reality is that they mostly represent farmers from Punjab, Hariyana and Western U.P. and the agitation mostly concerns to the matter of MSP for wheat and rice. All other agricultural activities, crops, dairy farming etc are excluded. Secondly, with the passage of time, people will be fade up with the adamant stand taken by the farmer unions and public sympathy and support will be lost. Better that they cooperate with the Court.
Modi government is as much answerable to farmers as to people holding on to any other professions. Any government should be answerable to taxpayers though. Agricultural income above 10 lakhs should be taxed .. which is 3 times a normal citizen pays and would show that small farmers are not taxed.
This article gives an impression that settling political scores has more urgency than addressing Farmers’ vows, if any.
Typical reason that India is labelled as a laggard democracy.
Dear Mr. Yadav,
You keep saying that you have full respect for all gentleman which have been appointed by SC. Respect is earned by several ways and these 4 people have earned the respect by working for or within the farming community. If they have one point of view which is supporting the laws that means they can see larger benefits coming out of it. Why discount their views ? Why don’t you guys suggest the names if you think SC is partial ?
Thanks
Dear Mr. Yadav,
I see you lot of time on tv and sometimes i feel you have valid points. But in this case of farm laws you are fighting on from the wrong side. Before farm laws became law they came as ordinance and no one and let me say no one came out for agitation. When Punjab farmers started agitation backed or propped by Punjab government you saw this as an opportunity for your political space and try to join them as a leader. This time around you are not going with your convictions. Other point is what kind of this negotiation where only stance from you is to repeal the laws. There is no space for negotiation if your stance is so rigid. If our country has to have growth like other countries we need to move at least half of farming community towards manufacturing or any other sector. Give us example of any other country where 65% plus population is dependent on farming. Maybe this farming laws will allow small farmers to lease their lands to big farmers who could pay them better and also these small farmers can do other jobs either in manufacturing or service sector. Although you may not see these farmers working in construction industry as respectable jobs but these jobs allow both husband and wife to work on site and have twice the earnings. If these farmers move towards urbanisation they can have better education and health. Maybe they will become part of formal economy and start paying taxes. If we need to grow we have to have more tax payers. How do you see the growth of India if only meagre 1.47 crore people out of 1.3billion pay the taxes. There are lot of other benefits but you have to come out of personal vandetta and start looking what is best for greater good.
Let’s first move the remaining unemployed graduates to the manufacturing sector. And many large economic zones of govt are rotting already. Naive you are. Everybody wants to experiment on others for their “dream India”. From their cosy warm couch, through the television and with a cup of tea.
No government can buy all the produce from its farmer.MSP was an incentive not a guarantee to buy all they grow. Soon MSP will become a menace as MP and Chhatisgarh (BJP Govt) had started it in want of Kisan votes, Rather than finding innovative ways, they choose the easiest but most expensive route. Now the taxpayer has to bear the brunt. The FCI losses have gone up to US$53 billion whereas the subsidy to the agriculture sector is highest in the world US$42 billion.
What Mr Yadav is saying:
1. Mein expert hun, mujhsay baat karo.
2. All I am trying to do here is use English language and vocab to confuse everyone so I can stay important.
3. I was kicked out by Kejri but this agitation will be my saviour to regain prominence amongst Urban Naxals.
I have huge respect for YY, but sadly he’s on the wrong side of history on this matter.
Might be good for his electoral prospects in Punjab and Haryana, but he’s doing disservice to the very people he wants/claims to represent.
The supreme court is a Spineless Court.. the Modi govt has told them to form a biased committee to initially buy time, and later say that the judiciary has said that the laws are just, so now we can’t do nothing about it!!
When was the last time Nagpur Bobde has nor bent over backwards, ignoring the law, to favor Modi & Co?!!!
You secus want bloodbath that Judges are trying to prevent.
Your discomfiture is understandable.
Half Wit moron duffer Pappu G, his drug addict Sister and incompetent foreign Mummy have contracted this Zhola Wallah to speak on their behalf. These lawless criminals have caused enormous economic losses and reputational damage to the country.
There is only one way forward now – The Tiananmen Square solution – this is the only language these anti-national terrorist criminals will understand.
Supreme court is trying to prevent bloodbath, which assorted activists are bent on doing by putting farmers in front, while safely hiding behind. They have agenda of driving BJP out of power, and have no scruples to see farmers dying for their project.
Whenever you see him and his pals Bhushan and Khujliwal…be 100% sure that all their goal is to destroy anything good that will happen in the country………when he casts aspersions on agricultural experts in an SC appointed committee can someone ask him what knowledge as a psephologist does he have on agriculture
Will The Print kindly stop giving the oxygen of publicity to this fake leader of farmers, who has not even won a municipal elections? So tired I am, that I came to the comments straight after reading the headline of this rant.
The continuation of agitation by the rich peasants of Punjab and North Haryana has created an extraordinary situation and virtual impasse , as any facade of talks is futile exercise when agitating farmers are not able to put on table their views on clause by clause infirmities in farm legislation passed by the Indian Parliament . The extra-ordinary situation required extra ordinary measures to end dead-lock . The Honourable Supreme court has taken extra ordinary steps to bring sanity to whole dispute resolution machinism by forming an Expert committee to listen to both sides .
The reaction by the so-called farmers leaders to the Supreme Court s initiative to end impasse between the Government and the farmer clearly demonstrates that agitation by the farmers is not about potential economic loss from the implementation of new farms laws , as perceived by the farmers , their leaders and politicians prompting them from behind the scene . It is clearly a political agitation unleashed by political forces opposed to central Govt. led by Mr. Modi. The farmers have been and are being used as mercenaries foot solders by politicians . If the farmers demands have any economic logic, they would have gladly be ready to put their view points before the Supreme Court appointed Committee as the committee consists of best expert persons having having grasp of the problems of Indian agriculture and agriculturists of different parts of India . All of the experts appointed by the Supreme Court are well-known masters in the field of agriculture and agro-economics. Their considered views would have made life easy for many of the poor farmers of India , Including rich farm gentry , presently amassed on Delhi borders and engaged in seize of NCT of Delhi.
As for as , for writers like of this article is concerned , nothing to add except that vultures throng there , where ever they see a dead corpse to feed and fill their belleys . It is too much to expect any reasonable economic logic from self –declared leftists and psycho-secularists. They always specialize and pursue disruptive agenda. nothing less than that.
“Sure, the talks with the government have been frustrating. The Modi government has been intransigent.”
I came here for amusement and was not disappointed. Yes, tell me who is intransigent– “bill wapasi to ghar wapasi”.
The best thing about Yogendra Yadav is he can make a poker face and come up with the most brazen lies. Truly gifted.
YY is taking about constitutionality of the laws while he couldn’t point out a single clause in the laws which is unconstitutional in his entire article. Shame. Farmers should keep safe distance from this kind of people who pretend to be their saviour. No logical argument just usual rant.
Modi government has a mandate from the nation, not from the farmers or judiciary or anyone in particular. The Government must and will act in the larger interest of the nation.
Anyone holding anyone else to ransom is not on. The decency and leniency should never be taken for weakness. Anyone who talks about disrupting the 26th Jan instead of persuading people against such move can only be an anarchist.
Modi has seen worst since he first became the CM.
All the wrong decisions since independence had a major component of vested interest here there in none.
The agitators, their instigators and the ones shooting off the shoulders of agitation must make an honorable exit while the going is good.
A government which stood up to opposition for de-monetization, GST, terrorism, surgical strikes, Balakot and Chinese on eastern borders plus in Ladak will deal with the farmers in its own way and destroy the credibility of all the instigators and supporters.
There will be no blood on anyone’s hands, which the instigators are hoping for.
MODI GOVERNMENT IS ANSWERABLE TO THE NATION NOT TO ANY SECTION NO MATTER THE PERCEIVED IMPORTANCE.
**That is why the courts are responsible to the Constitution and not accountable to the people*** but this Baaasard wants Supreme Court intervene in Removal of 370 and CAA to appease Muslims, these liberals went to Supreme Court to stop hanging of Yakub Nenon of Mumbai blasts and other terrorists, , these Randewala needs to be removed for a peaceful India.
The Leftists and communists and pseudo secularists like Yogendra Yadav expected a bloodshed like Delhi communal Riots with farmers protests , these Liberals are are sad that there is no bloodshed in Indian streets.
It’s a dangerous combination of ultra left wing radicals and jihadist propagandist POSING AS social activist who are creating a scenario by talking like as in GHAZWA E HIND , this is some last battle.
This same activist were coordinators in anti CAA protest and RIOTS later.
This activist who are instigating farmers by talking of final battle must be held accountable as this were similar calls given to anti CAA PROTESTORS to initiate RIOTS.
Their ultimate aim is to destroy HINDUS who they consider as non believers and infidels .
Criminal, trouble maker, communist, Zhola Wallah, champagne socialist, you have caused serious harm and damage to the economy and reputation of the country.
Well said, nothing other than that.These malcontents are having a gala time.
This guy lies like he is feeding you the best sweet – “they have also reaffirmed a basic principle of democratic accountability and responsible governance.” – Laws are passed by parliament and parliament cannot be forced to repeal them.
Government has shown maturity in accepting what is reasonable and what should be done. Even I am not clear why the law should be repealed. This guy should be asked to write clause by clause why the law should be repealed ….. instead of that we get all emotional, spin doctored opinions.
I too not in favor of what is done by SC but this blackmail has gone for too long. Parliament is supreme in making laws and SC can call it only unconstitutional if it is one.
We should be weary of these politicians like Yadav
icchadhari protester shri salimji is seriously butt hurt. He thought Supreme court will strike down the farm laws and that he can claim victory. Now he is left holding the can . LOL>