Congress President Sonia Gandhi has asked party-ruled states to explore the possibility to pass laws under Article 254(2) of the constitution “to negate the anti-agriculture central laws encroaching upon state’s jurisdiction under the Constitution”. A press statement issued by Congress general secretary KC Venugopal said that this would enable the states “to bypass the unacceptable anti-farmers’ provisions in the three draconian agricultural laws including the abolition of MSP and disruption of APMCs in Congress-ruled states”. “Congress President has advised the Congress-ruled states to explore the possibilities to pass laws in their respective states under Article 254(2) of the constitution which allows the state legislatures to pass a law to negate the Anti-Agriculture Central laws encroaching upon State’s jurisdiction under the Constitution,” the statement said. “This would enable the states to bypass the unacceptable anti-farmers’ provisions in the three draconian Agricultural laws including the abolition of MSP and disruption of APMCs in Congress ruled states. This would also alleviate the farmers from the grave injustice done by the Modi Government and BJP,” it added. Article 254(2) of the constitution provides that where a law made by a state legislature with respect to one of the matters enumerated in the concurrent list “contains any provision repugnant to the provisions of an earlier law made by Parliament or an existing law with respect to that matter”, then, the law so made by the legislature “shall, if it has been reserved for the consideration of the President and has received his assent, prevail in that state”. The parliament passed three farm bills – The Farmers Produce Trade and Commerce (Promotion and Facilitation) Act, 2020, The Farmers (Empowerment and Protection) Agreement on Price Assurance and Farm Service Act, 2020 and The Essential Commodities (Amendment) Act, 2020 – during the monsoon session of parliament. Congress and several other opposition parties have opposed the provisions of the bills. President Ram Nath Kovind has given his assent to the three farm bills.
