|| SC hints at stay on implementation of Farm Laws ||
The Supreme Court on Monday hinted that it will stay the implementation of the three farm laws, in order to prevent violence and breaking of laws. The full order is likely to be released by the Court by the end of the day.
It observed that a Committee needs to be appointed to resolve the deadlock between the Government which wants a clause by clause consideration of the legislations and the farmers, who want that the laws to be completely repealed.
"Staying the implementation of laws and staying the law are different. We can always stay executive action under a law. Who will be responsible if any bloodshed happens?" said CJI SA Bobde while hearing a batch of petitions challenging the Farm Laws/ seeking removal of protesting farmers from Delhi borders.
Solicitor General Tushar Mehta, who opposed the stay order during the hearing, has sought a day's time to suggest names for the Committee.
Senior Advocate Dushyant Dave, appearing for a farmers group, suggested the name of former CJI RM Lodha as a member of the Committee.
The proposal to stay the law was opposed by the Attorney General for India KK Venugopal, who pointed out that that there are Supreme Court precedents saying that Courts cannot stay legislation.
The AG referred to State of UP v. Hirendra Pal Singh, (2011) 5 SCC 305, where it was held that in cases where validity of statutory provision is under challenge, the Courts should exercise self-restrain in passing interim orders.
https://livelaw.in/top-stories/farm-laws-stay-supreme-court-farmers-protests-168236
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|| SC hints at stay on implementation of Farm Laws || The Supreme Court on Monday hinted that it will stay the implementation of the three farm laws, in order to prevent violence and breaking of laws. The full order is likely to be released by the Court by the end of the day. It observed that a Committee needs to be appointed to resolve the deadlock between the Government which wants a clause by clause consideration of the legislations and the farmers, who want that the laws to be completely repealed. "Staying the implementation of laws and staying the law are different. We can always stay executive action under a law. Who will be responsible if any bloodshed happens?" said CJI SA Bobde while hearing a batch of petitions challenging the Farm Laws/ seeking removal of protesting farmers from Delhi borders. Solicitor General Tushar Mehta, who opposed the stay order during the hearing, has sought a day's time to suggest names for the Committee. Senior Advocate Dushyant Dave, appearing for a farmers group, suggested the name of former CJI RM Lodha as a member of the Committee. The proposal to stay the law was opposed by the Attorney General for India KK Venugopal, who pointed out that that there are Supreme Court precedents saying that Courts cannot stay legislation. The AG referred to State of UP v. Hirendra Pal Singh, (2011) 5 SCC 305, where it was held that in cases where validity of statutory provision is under challenge, the Courts should exercise self-restrain in passing interim orders. https://livelaw.in/top-stories/farm-laws-stay-supreme-court-farmers-protests-168236
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