If the reasoning is a concern that the steps to be taken may become irreversible; well, when a request for a stay on the Jammu and Kashmir Reorganisation Act was made in 2019, the court refused to grant it even though there was actually a time frame for implementation of the Act (31 October 2019) there.

If the reasoning is that the government is failing to engage with the protesters, and there are concerns that the situation could spiral out of control (as stated by the CJI on Monday), then why didn’t they fail to do so with the Citizenship (Amendment) Act? Not only were requests for a stay on the CAA ignored, the court hasn’t even bothered listing the cases since January 2020, despite its own order asking for the same five weeks later.

If the reasoning is that the government is failing to engage with the protesters, and there are concerns that the situation could spiral out of control (as stated by the CJI on Monday), then why didn’t they fail to do so with the Citizenship (Amendment) Act? Not only were requests for a stay on the CAA ignored, the court hasn’t even bothered listing the cases since January 2020, despite its own order asking for the same five weeks later.

Of course, it could be argued that the court has learnt from the mistakes in its approach in those two cases (where, it should also be mentioned, the petitioners made out strong prima facie cases for unconstitutionality), this reasoning has to be specified in the court’s order. After all, that is what a judicial order is all about. And yet we fail to get any reasons from the judges beyond a vague couple of lines about creating a congenial atmosphere, creating confidence and assuaging hurt feelings – none of which have any basis in law, or can be tied to some principle in law. A failure to articulate the reasoning behind the order only fuels further doubt and questions , whether over the time frame specified by the court for the committee’s report (the two month period takes it close to the Rabi harvesting period when many farmers will have to go home) or the comment at the end about the farmers to consider going home for their livelihoods and health – and to ensure protection of the lives and property of others. In the end, this only adds to the sense that the court is straying into an arena which isn’t part of its judicial function, and is doing so in a manner which is unlikely to achieve the resolution it believes is so urgently needed.

SC Isn’t the Right Forum to Deal With the Farmers’ Protests; Its Stay Order Only Proves This

When the Supreme Court on Monday, 11 January, came down strongly on the Centre for its approach to the farmers’ protests, it was tempting to view this as a positive development in the row over the controversial farm laws. That the court’s intervention might help resolve the stand-off between the government and the protesting farmers.

The subsequent stay on the implementation of the farm laws a day later offered a similar temptation: to view the apex court as a sensible mediator, which is willing to step in and try to take measures to ensure that the government negotiates in good faith with the farmers over their demands.

The problem, however, is that there really is no role for the court to play in this aspect of the stand-off between the farmers and the Centre and indeed, its involvement only risks muddying the waters.

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Topics: Farmer Protest Farmers' Dilli Chalo Protests Farmer Protest 2020

Published: 13 Jan 2021, 12:57 PM IST

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SC Isn’t Right Forum for Farmers’ Protests, Stay Order Proves This

The court’s domain is legality of the farm laws – but the farmers’ protests are about a lot more than that.

Read Latest News and Breaking News at The Quint, browse for more from news and law

Topics: Farmer Protest Farmers' Dilli Chalo Protests Farmer Protest 2020