Constitution of India does not allow Mandatory MSP without enforcing Quality Standards

Constitution of India does allow  Mandatory Purchase at MSP without enforcing Quality Standards

This will be the violation of 

Article 14: Equality before Law

By:

Vijay Sardana
Advocate, Delhi High Court
Techno-legal expert of Agribusinesses

No law can be created to force anyone to buy at a given price without telling the performance i.e. quality and other essential information is the violation of the Fundamental Rights of all Citizens. This is against the doctrine of natural justice. This can be challenged in Supreme Court of India by any citizen.

All citizens are Consumers, including farmers, because farmers are also consumers of other items, which they do not grow. 

Please seriously think and reply to the following questions:

Can any seller of seeds, pesticides, fertilizers, etc make it mandatory for farmers to buy at the printed price without knowing the quality of these products?

Can we make a law to ensure that all farmers pay for medicine, fuel, cloth, utensils, etc as per printed price, without enforcing quality standards?

Then, how government can seller can force any citizens to buy at MSP without making FSSAI quality standards mandatory for food items, including norms for pesticide residues, moisture content, insect-damaged grains, etc for the food crops sold by the farmers.

How political parties can enforce MSP without enforcing quality standards of the materials sold by farmers? 

Who should pay the compensation for substandard products by the farmers?

The option is: Either sellers of the crop i.e. farmers' or the State Governments because as per The Constitution of India, Agriculture Production is exclusively state subject (not Commodity Trade).

The way forward:

MSP can be only for a product where standards are enforced which are accepted by law and enforceable on the supplier of crop i.e. farmers should be made accountable for substandard products if any.

As per the Consumer Protection Act, the law says there must be provision for compensation for the buyer if the seller (i.e. farmers) is selling substandard products like in consumer Production Act. The law does not make any concession or exception for the farmers.

This is the only way, Rights of all the citizens and farmers can be protected.

Now, a poor farmer who is producing wheat wants to buy vegetables or egg or meat in the village?  What about to MSP of milk, egg, vegetables, meat, etc?

Why only a few crop farmers should have this benefit of MSP what about poultry and dairy farmers?

When maize was selling at Rs. 22 per kg, the poultry farmers of the same village were writing to government that we are suffering badly, please allow us to import maize from the world market.

Today, maize is selling at Rs. 12 per kg, because poultry farmers are ruined and bankrupt. Is this the way we want to run the Indian economy to please one group of farmers at the cost of other groups of farmers. Let farmer leaders think about it. 

Caution: MSP on all crops without quality standards will kill agriculture because consumers will import food at a cheaper price or of better quality at the same price. Where Indian farmers will sell? Find out the answer to this question first. 

Please do not get carried away with political agenda and with the shortsighted view. The study, why maize farmers are suffering this year. Maize farmers survived at the cost of poultry farmers in one season, now they all are suffering. 

All livestock incl. dairy and poultry farmers also want the same benefits as wheat, rice and sugarcane farmers. Like free electricity, water,  etc. What state governments are not offering the same to them? Are they doing justice?

If state government want to do it, they need money to do it. 

We do not have funds to give free inputs and subsidise outputs as well. 2. Should we increase income tax on all people, only 1.5 crore people pay tax?

Options :

1. Should we increase GST on all products including all agriculture inputs to collect fund for giving to farmers?

2. Should we tax large farmers with more than 5 acres of land to generate funds to support smaller farmers?

3. India is not a rich country. Should we stop all subsidies in all forms and just buy the crop at MSP? 

The only option left with farmers to incase income: 

World over farmers focuses on productivity so that farmers can make more money. No country has universal MSP. because their political leaders what their farmers to survive. They all know, if prices will go up imports will start in a big way, why the consumer should pay more when the same is available at a lower price. Our rising MSP, without incase in quality, is the main reason why agri-exports are suffering.

I can only request sensible farmer leaders to think over it:

Think it over, what will be the MSP of Indian crops in 2025 and 2030?

What will be the food prices world over?

Who will buy from Indian farmers and what they will do with this when the world market will offer the same product at a much cheaper price? 

We have seen industry suffered due to Chinese imports because many of our industry leaders were sleeping and not interested in doing innovations and quality up-gradation. 

What our political leaders want for you, beyond votes, please ask them? Do not trust the political statements in rallies. Ask them please show the plan in writing and in the election manifesto. 

You all may have better ideas, please do share.

Hope some sense will prevail on all those who are making demand without thinking about its implications on farmers.

Feel free to share your comments and views in the comments section below.