SC to hear farmers’ plea over Land Ordinance on Monday
11 April 2015 5:45 AM IST
The Supreme Court on Friday agreed to hear the plea of farmers’ organisations over the re-promulgation of the land acquisition ordinance on Monday.
“We will have it on Monday,” a Bench, comprising Chief Justice HL Dattu and Justice Arun Mishra said, when farmers’ counsel Indira Jaisingh appeared before the court and sought urgent hearing of
the petition.
The farmers’ organisations, in their plea filed on Thursday, have challenged the re-promulgated land ordinance, terming it as “unconstitutional” and ultra vires of the Constitution and a “colourful exercise of power” by the executive, usurping the legislature’s law-making powers.
The petition was filed by Bharatiya Kishan Union, Gram Sewa Samiti, Delhi Grameen Samaj and Chogama Vikas Avam, seeking a direction to restrain the government from acting upon in furtherance of the Right to Fair Compensation and Transparency in the Land Acquisition, Rehabilitation and Resettlement (Amendment) Ordinance, 2015.
The farmers’ bodies said the government’s action in promulgating successive ordinances bypassing the legislative process of Parliament was not only “arbitrary and violative” of Article 14 but also a “fraud on the Constitution” itself. They said the government’s action in re-promulgating the ordinance was “malafide”, and thus, open to challenge.
The government “deliberately” did not move the 2015 Bill for discussion in the Rajya Sabha, after its passage in the Lok Sabha between March 10 and 20 “due to the lack of its numbers, political will or consensus,” the petition has said, in which Ministries of Law and Justice, Parliamentary Affairs, Home Affairs, Rural Development and Cabinet Secretariat, have been made parties.
The petition termed the continuation and re-promulgation of ordinances as “colourful exercise of power” on the executive’s part, adding that in a democratic process, people cannot be governed by laws framed by the executive.
The petitioners added that the “deliberate proroguing” of the Rajya Sabha on March 28, “whilst it was in the Budget session only for the oblique and malafide purpose of re-promulgating the impugned ordinance goes against the very spirit and raison de’etre underlying Article 123 of the Constitution”.
“We will have it on Monday,” a Bench, comprising Chief Justice HL Dattu and Justice Arun Mishra said, when farmers’ counsel Indira Jaisingh appeared before the court and sought urgent hearing of
the petition.
The farmers’ organisations, in their plea filed on Thursday, have challenged the re-promulgated land ordinance, terming it as “unconstitutional” and ultra vires of the Constitution and a “colourful exercise of power” by the executive, usurping the legislature’s law-making powers.
The petition was filed by Bharatiya Kishan Union, Gram Sewa Samiti, Delhi Grameen Samaj and Chogama Vikas Avam, seeking a direction to restrain the government from acting upon in furtherance of the Right to Fair Compensation and Transparency in the Land Acquisition, Rehabilitation and Resettlement (Amendment) Ordinance, 2015.
The farmers’ bodies said the government’s action in promulgating successive ordinances bypassing the legislative process of Parliament was not only “arbitrary and violative” of Article 14 but also a “fraud on the Constitution” itself. They said the government’s action in re-promulgating the ordinance was “malafide”, and thus, open to challenge.
The government “deliberately” did not move the 2015 Bill for discussion in the Rajya Sabha, after its passage in the Lok Sabha between March 10 and 20 “due to the lack of its numbers, political will or consensus,” the petition has said, in which Ministries of Law and Justice, Parliamentary Affairs, Home Affairs, Rural Development and Cabinet Secretariat, have been made parties.
The petition termed the continuation and re-promulgation of ordinances as “colourful exercise of power” on the executive’s part, adding that in a democratic process, people cannot be governed by laws framed by the executive.
The petitioners added that the “deliberate proroguing” of the Rajya Sabha on March 28, “whilst it was in the Budget session only for the oblique and malafide purpose of re-promulgating the impugned ordinance goes against the very spirit and raison de’etre underlying Article 123 of the Constitution”.
Next Story
