Thursday, October 21, 2021

Can the Supreme Court cancel even after passing the agricultural laws in the Rajya Sabha?

Dayakrishna Chauhan, New Delhi: We can not challenge the agricultural laws in the country in the Supreme Court regarding the content, we had given you information in this article earlier. But now the question arises whether the process of passing this act can be taken to the Supreme Court and if it goes, what will be the result.

4 things are most important in the constitutional process of making any law. In which the provision of majority, vice vote, select committee and article 122.

The Modi government has understood it well that unless we make huge reforms in the agriculture sector, it will not be done. However, this government was well aware that the day agrarian reforms would bring the bill, there would definitely be a ruckus. In such a situation, Kovid-19 gave the government a golden opportunity and Modi had said that the disaster has to be turned into an opportunity. The government also showed its slogan and passed the bill.

Ordinance issued on 5 June
When Parliament is not in session, it can be enacted by bringing an Ordinance, but there is a point in it that whenever there is a further Parliament session, it is necessary to pass it in both the Houses within six weeks. In such a situation, if it does not pass within this deadline then it gets canceled. On 5 June, the central government issued an ordinance on agricultural laws and they came into force from that day.

The ordinance was followed by the monsoon session of Parliament, which began on 14 September and lasted until 1 October. In such a situation, if this bill was not passed in this session, then the ordinance would have ended. Although the government can reissue the ordinance after it expires, it increases the possibility of the Supreme Court intervening.

The bill reached the Rajya Sabha on 20 September
It went to the Lok Sabha and the Modi government had a majority there, where it passed easily. Later it reached Rajya Sabha on 20 September and passed there too. But despite being a Sunday on that day, the Parliament session went on and he worked for a long time.

How did the drama unfold in the Rajya Sabha?
There were 243 numbers in the Rajya Sabha at that time. In such a situation, the government needed 123 MPs to pass this proposal. The government does not yet have a majority in the Rajya Sabha, but it is not that the bills are not passed after the government does not have the numbers, because the government gets support from other parties or convinces other parties not to vote. . In such a situation, the government had between 105 and 110 people on that day and the opposition also had this number, but there was doubt about around 40.

However, the Biju Danta Dal government had assured that we will support or retreat. TRS backtracked there. YRS was in support of the government and supported the bill in the Lok Sabha. With this, the Shiv Sena had supported in the Lok Sabha and if she had voted against it in the Rajya Sabha, she would have been troubled, in view of which she decided not to participate in the voting. The NCP also exited the Rajya Sabha. On that day 178 MPs were present while 65 were absent.

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The opposition was in favor of not passing the bill and asked to send it to the Select Committee, but the government did not listen to it. Later it was decided that there would be voting, one of which would be counting and the other would be a voice vote. It was decided that day by voice vote and no voting. The government argued that the Rajya Sabha’s rules of action are that every member will sit in his place on the day of voting, but due to Corona, the members were not present in their seats and they were seated far away, so it was not a system. Was and passed it by voice.

Question: After this some people argue that the government did not have a majority and hence can go to the Supreme Court on this basis. In such a situation, we will say that you can go, but the truth is, nothing will happen there.

There are two sides behind it, the first one is Article 122 and it clearly states that what action has been taken in relation to any subject inside the Parliament, it cannot be brought before the Supreme Court or High Court or the Supreme Court and High Court will be thereon. Will not listen. In such a situation, it is clear that according to article 122 no court can go about this subject.

What is the provision after the bill is passed without majority:
Assuming the government did not have a majority and even if it loses in the Rajya Sabha, there is a provision in the constitution of our country, which provides for a joint sitting of the two sessions. It has been used 3 times in the country till date. In this, the MPs of both the Houses sit and vote in favor of the Bill.

Now let us tell you that there were a total of 786 members in Lok Sabha and 243 in Rajya Sabha and 394 MPs would be required to pass the bill. In such a situation, the NDA has 353 MPs. The government also has 333 MPs by removing the Shiv Sena and Shiromani Akali Dal, in this case the government has the support of more than 400 MPs if it joins 100 in the Rajya Sabha.

In such a situation, if someone becomes adamant about the fact that the government did not have support, then it can only be postponed for two-four days. Because in this case, the Lok Sabha speaker can call a joint meeting and then if someone puts in any strength, then this bill could not be stopped from passing.

In such a situation, it is clear that even from the point of view of process, the Supreme Court will not talk about the three agricultural laws and will dismiss the petition.

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