Any Ordinance promulgated under Article-213 of the Constitution by the Governor, be based on the advice of the cabinet, in the circumstances the government is required to take immediate legislative action (if the circumstances make it necessary to do so) at the time when the legislature is not in session.
The legal position is well-settled. Ordinances are only temporary laws, that must be approved by the State legislature within 6 weeks of reassembling, else, the Ordinance shall cease to operate. And, the power to promulgate an Ordinance, is, essentially, a power to be used to meet an extraordinary situation and it cannot be allowed to be perverted to serve political ends.
It is an established practice in a democratic process that, only when the House is in Session, the Cabinet table the new legislations or proposed amendments to the powerful social welfare legislations, allowing the exhaustive debates in the Session on pros and cons, in order to have a consensus to bring in best possible legislations, to meet the highest level of social welfare. That, in fact, is the basic rule of democracy too.
The Speaker of the Legislative Assembly, is presently not in a position to convene a Legislative Session owing to the widespread of Covid-19 Pandemic. It is on record that the Budget Session of the State Legislature was curtailed as a precautionary measure due to Covid-19. However, the State Government can bring in Ordinances ( temporary laws) owing to exigencies and to meet an extraordinary situation. Especially, while bringing in amendments to the powerful social welfare legislations relating to farmers, the debate in the Session is most expected and followed procedure of a prudent legislative process in a democracy, more pertinently, in the light of its resultant multi-dimensional effects on the society and it's welfare equilibrium.
Surprisingly, even though there was no extraordinary urgent situation forthcoming, the State Cabinet of Karnataka has resorted to bring in Ordinances, one after another, amending the powerful social welfare legislations pertaining to farmers, without allowing the exhaustive debates in the Session on pros and cons and has ruled out any necessity of consensus to bring in best possible legislations, to meet the goal of social welfare state.
In other way, the State Cabinet has used the opportunity of Covid-19 and lockdown thereby, for promulgation of the present Ordinance to directly subvert the democratic process.
The State Cabinet has promulgated the following legislations through Ordinances.
1) Karnataka Agricultural Produce Marketing Committee (APMC) Act
2) The Karnataka Industries (Facilitation) Act, 2002
3) The Karnataka Land Reforms (Amendment) Ordinance, 2020.
The timing of promulgation of these three Ordinance of 2020 and their sequence of events, raise several doubts on the genuinity of intentions of the State Government, and, their background of events are interesting, for the following reasons.
a) On 14th May 2020, the State Government amended the Agricultural Produce Marketing Committee (APMC), Act 2017 by an Ordinance.
By this Ordinance, farmers will no longer be bound to more than 150 APMC markets in the State and they can sell their produce to private players as well.
The amendment comes in the wake of the State Government receiving a letter from the Central Government suggesting adaptation of Centres Model Agricultural Produce and Livestock Marketing (Promotion Facilitation) Act, 2017.
The APMCs are regulated through state intervention, to give justice to farmers. By this Amendment, the State is giving away its right, and, admitting that it is incapable of carrying out its role diluting its role through APMC and giving away a to the private sector. Thus, State Government is undermining the role of democratic institutions like APMCs.
The Covid-19 Pandemic has taught us, that Government and state role is predominant in food security and distribution of agricultural commodities in state and unfortunately, the government is doing away with this in the time of pandemic.
APMCs are the last hope for the farmers regarding price and marketing. And, with that last hope gone, the government is cheating the farmers community. The attempt of this state government appears to be has very clear, trying to open up agricultural markets to the private sector for a long time, which it was unable to do due to the farmers protest.
It is clearly the resultant effect by a lobby of capitalist private players and unfortunately. the State Government has acceded to their illogical demands, at the risk and cost farmers community of the State.
The State Government has, unfortunately, used the lockdown period, to hurriedly bring about this amendment when the farmers cannot protest and when the legislature is not in session to debate or oppose it.
b) On 25th of June 2020, the Karnataka Government amended the Karnataka Industries (Facilitation) Act, 2002 through Ordinance, by which the industries will not need any statutory permission for the first three years to set up operations in this state. These permissions include getting approval from multiple state laws including building plan approval and trade licence measures.
It is very clear that, this law is going to serve only the industrialists by waiving of all prior approvals, at the cost of standard and essential mandatory procedural requirements and governing laws. It is purely a lobby of capitalist industrialists and unfortunately. the State Government is dancing to its tunes, and acceding to their illogical demands, owing to its commitments (financial or otherwise) during toppling the previous coalition government.
c) The Karnataka Government has, in the month of July, 2020, promulgated the Karnataka Land Reforms (Amendment) Ordinance, 2020 to amend the Karnataka Land Reforms Act, 1961 removing restrictions non agriculturist purchasing agricultural lands and doubling the ceiling on land holdings.
The Cabinet had earlier taken a decision to repeal Section-79 (A) (prohibition on acquisition of land by certain persons), Section 79 (B) (prohibition on holding agricultural land by certain persons), Section 79 (C) (penalty for failure to furnish declaration) and Section 80 (transfer to non agriculturists barred).
Cabinet has also approved to double the ceiling on land holding from 10 units per family of five, to 20 units, under Section 63.
The Ordinance states, 'Notwithstanding the omission of Sections-79-A, B, C with effect from 1st May, 1974, the cases already disposed of before the publication of the Karnataka Land Reforms (Amendment) Ordinance, 2020 shall not in any way be affected. All cases pending on the date of publication of this Act pertaining to the Sections-79-A, B and C and consequential thereof, shall stand abated'.
The intention of the State Legislature is very straight forward, to make poor and oppressed agriculturists landless persons and to make the capitalist private players to acquire the farm lands, as much as possible and, to control the agricultural sector completely in their mighty hands.
On a comprehensive analysis of the legislative intentions, it's object sought to be achieved as enunciated in the amending provisions of the Ordinances and their nexus, coupled with timing, makes it clear for any comman man to completely understand the role of mighty and powerful lobbies of capitalists and industrialists behind these Ordinances, at the cost of poor and oppressed farmers community.
And, adhering to its commitments to
powerful lobby of capitalists and industrialists, the State Government is dancing to its tunes, and acceding to their illogical demands, possibly owing to its commitments (financial or otherwise), while toppling the previous coalition government.
Now, everything having said and done, the question still is not unanswered, as to whether the State Government has committed fraud on farmers or an organised scam.
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