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Home / Opinion / Columns / Key lesson from farmers' protest is that steamrolling Parliament back res

Key lesson from farmers’

protest is that steamrolling
Parliament backfires
The extraordinary haste with which the farm bills were pushed through both
the Houses has created the present crisis, which can only exacerbate the
economic woes caused by the pandemic.

Written by ARVIND P. DATAR | Updated: December 24, 2020 7:59:20 am

Every ruling party must have the humility to accept that there could be an opposing viewpoint, which
needs to be listened to and examined. (Illustration by C R Sasikumar)

The agitation of farmers over the recent farm laws has continued for over three
weeks and there is no end in sight. The enormous economic loss and the dislocation
of normal life around Delhi could have been wholly avoided if the Bills had not
been bulldozed through Parliament. The agitation teaches us the importance of
following parliamentary procedure not just in letter but in spirit as well.

There are strong indications that the new legislation is desirable and will bring in
much-needed market reforms in the overregulated farm sector. As on date, there is
no contrary evidence that the new proposals will adversely affect farmers in the
long run. There is no justification for a minimum support price regardless of
demand and supply. No one would think of assuring a pharmaceutical company a
minimum price for essential medicines that it produces, irrespective of whether the
quantity produced far exceeds the demand. The benefits of liberalising the non-
agricultural sector of the economy in 1991 established that, in the end, market
forces cannot be ignored. For the first 30 years, under the Essential Commodities
Act, 1955, several control orders were passed on products such as cement and steel,
and these were intended to ensure their availability at fair prices. The result was
just the opposite: Severe shortages, a huge black market and massive corruption.
Equally disastrous were laws relating to monopolies and industrial development
that left India a stunted nation with dwarf corporations.

Legislation that benefits the nation but hurts vested interests will always meet with
vehement opposition. It is, therefore, necessary that the benefits of a new law are
demonstrated through debate and discussion. There must be empirical or other
evidence that shows the deleterious economic consequences of continuing with the
status quo. As the farm bills marked a radical departure from the existing system of
selling agricultural produce, the least that could have been done was to refer them
to a Select Committee.

Opinion |Rajiv Mehrishi writes: It is astonishing that farmers are speaking up

to protect traders’ interests

Regrettably, the three Bills were passed on a Sunday (September 20) by a voice vote
despite a request for an actual vote. The demand by the Opposition for discussion
was also turned down.

At the heart of a constitutional democracy based on the Westminster model is the

importance of Parliament, which is the fountainhead of all laws. The ruling party
undoubtedly commands a majority and has the right to implement the promises it
has made in its manifesto. But, “Parliament” includes the Opposition as well and
even though a bill may be certain to become the law, it is necessary that the
established procedure is followed. Thus, if a proposed legislation has far-reaching
consequences, it is best to refer it to a Select Committee for consideration. The
Committee then gets to deliberate the Bill, clause by clause, and away from the
sometimes surcharged atmosphere prevailing in both Houses of Parliament. And
even more important, the Select Committee can, and often does, get the views of
experts on the impact, particularly economic, of a proposed law. In the end, it is
always open to Parliament to accept or reject the recommendations of the Select
Committee, but every citizen has the satisfaction that a new, important legislation
has come into force after careful scrutiny.

Courts in all functioning democracies pay great deference to laws passed by

Parliament, which are presumed to be constitutional and are seldom struck down.
These laws are supposed to represent the “wisdom of the legislature” because they
are enacted, according to convention, after a careful examination of their
provisions. And the essence of constitutional morality, according to B R Ambedkar,
is respect and adherence to constitutional conventions. It is a matter of concern
that fewer and fewer bills are being referred to Select Committees or even
deliberated upon. Recently Chakshu Roy wrote that while 71 per cent of the bills
were referred to a Select Committee in the 15th Lok Sabha (2009-14), only 25 per
cent were so referred in the 16th Lok Sabha (2014-19). In 2019, 17 bills were
referred and none in 2020. Lord Acton rightly warned: “The moment a ruler or
state tries to achieve perfection, or ‘one view’ of how things should be, is when
things start to go bad.”

Opinion |Pramod Kumar writes: Farmers’ protest questions reform that

promotes efficiency of agriculture, not well-being of agriculturists

A new law can always come into force at a later date and can even be made
applicable piecemeal. It is also possible to notify it to apply to select states or
districts. If laws like the farm legislation are likely to meet with opposition by
vested interests, the best way to demonstrate their beneficial effects is to implement
the laws in select states or districts for a year. Just as no company will launch a
brand new, game-changing product without market testing or start a new
manufacturing method without a pilot project, it is worthwhile considering the
implementation of a controversial law on a trial basis. The feedback can decisively
demonstrate whether the new law can achieve its objects and prove beneficial to
the nation. It can also reveal flaws in the new law. Indeed, if GST had been
implemented on a trial basis for select products, it would have revealed the serious
technological deficiencies and the nation would have benefitted by delaying its
implementation. It is still not too late to implement the new farm laws in select
states and demonstrate their salutary effect.

The biggest lesson for all ruling parties is that following constitutional conventions
always pays dividends — it benefits the nation and preserves the dignity of
Parliament. The delay that arises by following parliamentary procedures and
constitutional conventions can actually provide the proof that the new law is really
the right choice and those opposing it have placed their short-term vested interests
ahead of the national interest.

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Indeed, every ruling party must have the humility to accept that there could be an
opposing viewpoint, which needs to be heard and examined. The extraordinary
haste with which the farm bills were pushed through both the Houses has created
the present crisis, which can only exacerbate the economic woes caused by the
pandemic. As philosopher Karl Popper put it: “Our greatest troubles come from our
impatience to better the lot of our fellows.”

This article first appeared in the print edition on December 24, 2020 under the
title “How to unscramble farm mess”. The writer is a senior advocate

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