The order of the Supreme Court on Tuesday staying the implementation of the three recently passed laws to regulate farming in India and the formation of a four-member committee to study them is perplexing, to say the least. The court issued the order while hearing petitions challenging the constitutional validity of the laws.
While the court is very well within its rights to stay the operation of a law suspecting it to be ultra vires on the Constitution, it defies logic when it appoints a committee to study an aspect of the law other than legal. It must be reiterated that the highest court of the land has not been called upon to adjudicate on the impact of a government action borne out of a government policy; it has been asked strictly to subject that action to judicial review and see if it meets the constitutional and legal requirements.
The court’s move is worrisome on many counts even when one does not count the selective activism it demonstrates. One, by appointing…
