Bar Council of Delhi has written a letter to PM Narendra Modi requesting for the immediate withdrawal of the three legislations (Farm Bills) pertaining to farmers stating that the “Bar of Civil Court Jurisdiction” will be detrimental to the interest of legal professionals.
The letter raises the issue of how the same will substantially affect District Courts and High Courts as the vast nature of the subject matter will lead to matter being adjudicated by SDMs/ADMs instead.
“The government should have unhesitatingly consulted and taken lawyers into confidence, more so when Farmers Lawyers are simply not related to routine revenue matters, but matter which are basically contractual and commercial. How can any litigation having civil consequences be given for adjudication to structure involving administrative agencies, controlled and run by executive authorities?”.– the letter by Bar Council of Delhi
Referring to the Constitutional provision for Separation of Judiciary, the letter by Bar Council of Delhi states that the laws will invariably and substantially damage District Courts in particular and “uproot the lawyers”.
“The District Courts are part of basic Structure and being the principle courts of Original Jurisdiction is the foundation of the pyramid….This will seriously jeopardise the interest of public, as getting justice at the doors of bureaucracy is far from reality”.
The Bar Council of Delhi letter goes on to emphasize the possible corruption that may arise in the transfer of power from the Civil Courts to Executive authorities and how the same will be detrimental and disastrous to the cause of lawyers as well as litigants.
“In fact, the strategy to hide and seek and introduce provisions to oust jurisdiction in this manner is highly inappropriate. We can’t be unmindful of the fact that a strong judicial institution, to check administrative arbitrariness and unfair treatment is essential in a democratic republic and not an amenable executive authority. Introduction of Conciliation Board to be constituted by the SDMs, headed by his junior officer, as Chairman is distractive and unaccepted”.
Categorically stating that giving judicial powers to the executive is “dangerous and a blunder”, the letter also highlights that the farmers are justifiably agitating against the laws and that right to protest is a universal right.
The letter by the Bar Council of Delhi appeals to the Prime Minister, as a man of the masses, to immediately withdraw the legislations and to give an audience to the farmers so that an amicable solution can be reached and an appropriate legislation, which may allow for the welfare and upliftment of the farmers, may be enacted.