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Tuesday
January 2021
2:21 PM IST
News Headlines
England beats Sri Lanka by 7 wickets in 1st test        Fourth Test: Rain forces early stumps with India at 4-0 while chasing 328 to win        Three UK partners with TCS to accelerate 5G network rollout        3 Adani Group-owned domestic airports accredited in ACI health accreditation programme        N. Korea''s parliament rubber stamps new development plans        Kremlin critic Navalny detained after landing in Moscow        'Rooting hard for you': Will departure notes end with Trump?        Tandav controversy: FIR against director, Amazon India head of content        Smiles, sanitizers welcome students as schools reopen in Delhi        COVID-19: India records lowest fatalities in eight months        Proposed tractor rally on Jan 26: It's law & order matter, says SC on plea for injunction against it        PM flags off 8 trains to boost connectivity to Statue of Unity        Fire in luggage van of running train doused in time in Kerala        Kerala logs 5,005 new COVID-19 cases, 4,408 recoveries        Farmer unions say they will go ahead with tractor march in Delhi on Republic Day        Kremlin critic Navalny departs Berlin on Moscow-bound flight        Cargo ship sinks in the Black Sea; 3 dead, 6 rescued        4th Test: Australia 21/0 at stumps, lead India by 54 runs after Sundar, Thakur fightback        NorthEast end winless streak to bag crucial points against Jamshedpur        India take tea break at 62/2, replying to Australia's 369        
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Kerala News
SC rejects Centre''s vehement plea not to stay farm laws, says it''s not powerless
 
New Delhi: The Supreme Court Tuesday rejected the Centre''s vehement plea that the implementation of new farm laws, enacted by Parliament and having constitutionality, cannot be stayed, and said it was not “completely powerless to grant stay of any executive action under a statutory enactment”. In its interim order, the apex court put on hold their implementation till further orders and said, “We are also of the view that a stay of implementation of all the three farm laws for the present, may assuage the hurt feelings of the farmers and encourage them to come to the negotiating table with confidence and good faith.”

A bench headed by Chief Justice S A Bobde not only stayed the implementation of these laws but also set up a four-member committee to resolve the impasse between the Centre and the farmers protesting against them at Delhi''s borders. Attorney General K K Venugopal had earlier told the top court that a law cannot be stayed unless the court finds that it violates fundamental rights or constitutional schemes. “A law cannot be stayed by the Supreme Court unless the Lordships find that it violates the fundamental rights or constitutional schemes. Law has to be without the power to legislate, only then it can be stayed. No petitioners have raised any such issues,” the top most law officer had argued.

The bench, also comprising Justices A S Bopanna an V Ramasubramanian, held however that it was not powerless in doing so. “Though we appreciate the...submission of the learned Attorney General, this Court cannot be said to be completely powerless to grant stay of any executive action under a statutory enactment,” it said. The top court also referred to its recent order in the Maratha reservation case in which it had directed that “admissions to educational institutions for the Academic Year 2020-21 and appointments to public services and posts under the Government shall be made without reference to the reservation provided under the impugned legislation”. Referring to several judgements, Venugopal had vehemently contended that the apex court should not stay the implementation of the laws.

“He argued that none of the petitioners who have attacked the farm laws have pointed out any single provision which is detrimental to the farmers and that the laws enacted by Parliament cannot be stayed by this Court, especially when there is a presumption in favour of the constitutionality of legislation,” said the order quoting the Attorney General''s submissions. Several legal experts had echoed the views of Venugopal saying parliamentary legislations cannot be stayed by the Supreme Court unless it is satisfied prima facie that the statutes are unconstitutional and illegal.

However, the CJI, during the hearing on Monday had observed: “Staying the implementation of laws and staying the law are different. We can always stay executive action under a law."


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