From UPSC perspective, the following things are important :
Prelims level : Functions of the the judiciary
Mains level : Paper 2- Issues with the Supreme Court order suspending the implementation of the Farm acts
The article deals with the recent Supreme Court order in which it suspended the implementation of the Farm Acts. This order gives rise to several issues. The article deals with these issues.
What is the issue
- The Supreme Court has suspended the implementation of the farm laws.
- The court created a committee to ascertain the various grievances of the farmers.
- But the Supreme Court has not clarified the legal basis of this suspension.
What are the issues with the suspension?
- The court’s action, at first sight, is a violation of separation of powers.
- It also gives the misleading impression that a distributive conflict can be resolved by technical or judicial means.
- It is also not a court’s job to mediate a political dispute.
- Its job is to determine unconstitutionality or illegality.
- Even in suspending laws there needs to be some prima facie case that these lapses might have taken place.
- It has set a new precedent for putting on hold laws passed by Parliament without substantive hearings on the content of the laws.
- Also in appointing the committee, the court has violated the first rule of mediation: The mediators must be acceptable to all parties and appointed in consultation with them.
The Supreme Court order has given the government a setback while not addressing the concerns of the protesting farmers. The court needs to consider these facts and mend its implications.