06/10/2023, 12:57 Bar of Jurisdiction of Civil Courts Under The Newly Enacted Farm Laws

Bar of Jurisdiction of Civil Courts Under The Newly

Enacted Farm Laws
timesofindia.indiatimes.com/readersblog/know-the-law/bar-of-jurisdiction-of-civil-courts-under-the-newly-enacted-
farm-laws-28357

11 December 2020

India

The President gave his assent on September 27 to the three contentious agriculture bills that
were earlier passed by the Parliament. Two out of these three newly enacted farm laws,
namely Farmers’ Produce Trade and Commerce (Promotion and Facilitation) Act, Farmers
(Empowerment and Protection) Agreement on Price Assurance and Farm Services Act,
contain express provisions barring the jurisdictions of Civil Courts from hearing disputes
emerging out of the functioning of these laws.

The powers to settle such disputes have been given to the Sub- Divisional Magistrates
(SDMs) and Additional District Magistrates (ADMs). These legislations have provided for the
establishment of conciliation boards composed by the SDMs to hear all disputes and
appeals by ADMs.

The nature of subject matters covered under these laws is so vast that all disputes up till now
entertained by Civil Courts will now be adjudicated by SDMs and ADMs who are not part of
regular courts. These farmer laws are not simply related to routine revenue matters, but
matters which are basically contractual and commercial in nature that would require
evidence to be led by both the parties. The matters involving complex legal issues,
entertained by District Courts and High Courts, cannot be expected to be adjudicated by
legally untrained SDMs and ADMs. This step will not only damage District Courts which are
the principal courts of Original Jurisdiction but also affect the interest of the public as the
district courts are the courts which the general public approach for seeking justice.

From past history of bureaucracy, it is evident that bureaucracy faces strong pressures from
ruling governments continuously. Therefore, for a common man, getting justice from
bureaucrats against big corporates is far from reality because it is difficult for the bureaucrats
to act independently without any undue pressure. By giving judicial powers to the said
executive bodies might increase corruption and tout culture. In the event of unfair and
arbitrary exercise of powers by the SDMs/ADMs, it is absolutely essential to have strong
checks through judicial institutions. Thus these provisions are detrimental to the general
public.

Last but not the least, the Constitution of India embraces the idea of separation of powers
which is also a part of the basic structure. The insertion of provisions in the farm laws ousting
the jurisdiction of Civil Courts in disputes possessing civil consequences and delegating the

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06/10/2023, 12:57 Bar of Jurisdiction of Civil Courts Under The Newly Enacted Farm Laws

same to the administrative authorities is against the spirit of separation of powers and can
pose a serious threat to the independence of the justice delivery system.

Bar of jurisdiction of civil courts is a denial of justice to the farmers and therefore the disputes
arising out of these acts must be brought within the ambit of civil courts. In fact, the authority
to entertaining such disputes can be specifically given to the commercial divisions of the civil
courts for better and faster adjudication.

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