Current AffairsIndia

Giving adjudicatory powers to executive authorities against Constitution: Delhi lawyer bodies

The Bar Council of Delhi and the Coordination Committee of all Bar Associations of Delhi have proposed that all the disputes under the Farmers Acts be adjudicated only by a special court presided by an additional district judge instead of an executive authority.

It also proposed that the disputes be entertained by the special court following a petition filed on a nominal court fee of Rs 20.

Their concern is mainly on the issue of adjudication of the disputes of the farmers by the executive, the two lawyers’ bodies said stating that giving adjudicatory powers to SDMs/ADMs is deplorable and goes against the root of the Constitution.

It was also asserted that the conciliatory board under the Act should be presided by an Additional District Judge and not a Tehsildar.

A release stating that above was issued by the Bar Council of Delhi and the Coordination Committee on Monday.

The demand to withdraw the new farm laws was reiterated in the release with the hope that the rights of the farmers to get justice from courts would be restored.

The two lawyers’ bodies stated that the legal fraternity across the country felt that the government should take concrete steps to resolve the agitation over several clauses of the Farmers Acts.

Lawyers of the country felt that the Acts were hurriedly drafted, and the flaws ought to be corrected at the earliest through consultation, the release added.

Some of the other points for consultation proposed in the release are:

– MSP or minimum sale price should be included in the act itself instead of being a verbal assurance.

– Private traders should purchase the crops 5% above MSP and the amount should be paid through RTGS at the time of procurement

– Penal clause be included for providing less amount or less measurement.

– More warehouses be established in very block for farmers who do not wish to sell all their produce.

– All essential items including onion, potato, tomato should not be excluded from Essential Commodities Act.

– There should be compulsory insurance by the government on every crop.

Via Bar & Bench
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