Friday, May 28, 2021

Editorial, "Can Courts Solve Political Disputes?", in LAW ANIMATED WORLD, 15 January 2021, Vol. 17, Part 1, No. 1 issue

 CAN COURTS SOLVE POLITICAL DISPUTES?

Whatever may be the socioeconomic roots/ramifications of the farmers’ agitation surrounding our national capital, it cannot be gainsaid that it is mainly political, with several organizations and sundry political parties trying to fish in the troubled waters, citing excuses of farmers’ grievances. Witnessing the lifestyle of the agitating farmers with what their cars, tractors, tents, etc., one gets the impression that many of them are capitalist landlords, rich peasants, and others influenced by those sections – again many of them seem to be Sikhs, no way a deprived section in Indian polity, but quite an enterprising, thriving community, in a way much pampered by all the establishments concerned all along, except in the difficult decade of the 80s when they put their own religious/community interests above all; almost a majority among them supported the ideal of Khalistan, a separate Sikh State, too, which led ultimately to the rise of a Frankenstein monster, then the much-lamented Operation Blue Star and consequent cataclysms – assassination of a Prime Minister and resultant mayhem of anti-Sikh riots. Now with their increased prosperity, the Sikh community world over has become more assertive and aspirational and the demands for Khalistan have grown – planned and aided by Pakistan too – and become stronger and more vocal day by day. The beginning of this agitation is mainly due to this, and we do not see other farmers in other states much interested in it. At this juncture, our Supreme Court has stepped in, even stayed the operation of the three impugned farmers’ Acts, constituting a conciliation committee even. However, we feel – especially watching the postures of the agitation leaders rejecting any solution less than repeal of the three laws – the courts can never solve such basically political disputes, at the best it may work to facilitate their resolution, that’s all. The solution lies in bringing one consolidated Act instead of the two on farm products trading, price assurance, etc. incorporating two crucially needed amendments of 1) the promises on MSP with a guarantee of government purchase of up to 50% farm produce in case farmers need so & 2) protecting States’ powers and rights to levy duties on exports/imports of farm produce to/from other states/territories. This results in the automatic repeal of two of the three Acts; and regarding the third, fresh notifications, adding or deleting to the list of essential commodities, can be issued from time to time. ♣♣♣

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