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SC Receives ‘Surprising’ Allegation Against 1954 Amendment | India News


NEW DELHI: The Supreme Court was “shocked” Wednesday by a PIL challenging a 65-year constitutional amendment that included Entry 33 on the Concurrent List, which allowed the Union government to enact the three contentious farm laws that have sparked protests farmers.
Petitioner and defender ML Sharma, who is often the first to present PIL on current issues debated by civil society, argued in his petition that agriculture was a state issue and therefore part of Schedule II. If agriculture were primarily an entry on the State List under the Seventh Schedule of the Constitution, Parliament could not have placed agriculture-related issues such as food production in Entry 33 of List III (Concurrent List) to take over the power to legislate on issues related to agriculture, as was done in the case of three agricultural laws, he said.
Taking the petition, a bench of Chief Justice SA Bobde and Justices AS Bopanna and V Ramasubramanian said: “ML Sharma always presents surprising petitions. The surprising part of this PIL is that it has challenged the 1954 constitutional amendment that included agriculture-related issues on the Concurrent List, which has been the source of Parliament’s power to legislate agricultural laws now. ”
Attorney General KK Venugopal said it was surprising that the competing defender had challenged the 65-year-old amendment when state governments had no objection to it for decades. The bank said in a lighter tone, “Sharma says the Center and the states have been in collusion since 1954.”

Times of India