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2006 Supreme(Bom) 812

IN THE HIGH COURT OF BOMBAY
All India Biodynamic and Organic Farming Association
Versus
Principal Secretary to the Government of Maharashtra
Decided on , May 5, 2006

Headnote:CONSTITUTION OF INDIA, 1950 - Articles 226 and 51-A(g) Public interest litigation Concern over suicide by farmers Minimum support price sought to be fixed Doctrine of power of separation to be actively involved Not proper for Court to issue mandamus upon executive to decide prices of a specific commodity in a specific manner Request to fix minimum support price rejected. While this Court discharges its obligation of interpreting and expounding upon constitutional precepts, it is necessary not to transgress upon those areas that are left by the Constitution to the other organs of the State. The doctrine of separation of powers requires that matters of legislation and issues of defining policy be left to the executive. By a long line of precedent it is now well settled that price fixation is essentially a part of the legislative function.

       Hence, it has been held that principles of natural justice would not be attracted to such an activity which has a legislative flavour. Equally, it would be impermissible for the Court to issue any directions in the nature of mandamus commanding the executive, as the delegate of the legislature, to determine prices of a particular order or nature. Hence, could rejects the request which was made on behalf of the petitioner to the effect that this Court should issue directions in regard to the fixation of minimum support prices.

       

Judgment

D. Y. CHANDRACHUD, J.

( 1 ) THE genesis of these proceedings is an alarming occurrence of suicides by cultivators in diverse parts of the State of Maharashtra. All India Bio Dynamic and Organic Farming Association addressed a letter to the Chief Justice expressing serious concern over suicides by farmers in the District of Jalna. The Tata Institute of Social Sciences (TISS) was impleaded as a party to these proceedings and was requested, to submit comprehensive report dealing with the causes of suicide by farmers in the State. The State Government and the Union ministry of Agriculture were called upon to respond to the serious issues which are raised in these proceedings.

( 2 ) ON 11th January 2005, the Chief Secretary to the State government stated before the Court on affidavit that between 1st january 2004 and 31st December 2004, there were reports of 294 cases of suicide by farmers. Of them, the largest number 109, was from Yavatmal, followed by 39 in Buldhana, 37 in Washim and 35 in amravati. The State Government informed the Court that as and when such cases are brought to the notice of Divisional Commissioners, an enquiry is carried out by Tahsildars or by Sub Divisional Officers to ascertain the causes for suicide: if it is established that the indebtedness of the farmer either through formal or informal sources is one of the primary factors of suicide, the case is treated as one of suicide related to agricultural indebtedness. The Government stated that it has no formal scheme for providing assistance to families of farmers who have committed suicide, but assistance to the extent of Rs. 1 lakh is provided on a discretionary basis through the Chief Ministers Relief Fund. The criterion that is applied is that agricultural indebtedness should be established as the cause for suicide. 71 out of 294 cases were accordingly reported to have been found eligible for assistance from the Chief Ministers Relief Fund. In November 2004, the State government commissioned the services of the Indira Gandhi Institute for development Research, Mumbai, to conduct a study on the problem in Maharashtra. The efforts which were being undertaken to promote the interest of the agricultural sector were stated to be as follows :"the State Government and the Government of India are, continuously, concentrating their efforts in the direction of making available good quality inputs like seeds, fertilisers, pesticides, promoting organic farming, making available timely and adequate credit, power availability and methods of optimising existing irrigation facilities by way of sprinklers, drip irrigation and other water conservation activities followed by regular agricultural research and extension activities. "the State Government informed the Court that it has taken a decision to remit interest on crop loans of farmers who had availed of loans during Rabi 2003 and Kharif 2004 to the extent of Rs. 570 crores. Farmers who had suffered losses exceeding 50% during Kharif 2004 in Vidarbha and Marathwada regions had been granted compensation to the extent of approximately Rs. 84 crores.

( 3 ) BY an order dated 12th January 2005, the District Judges of beed, Jalna and Parbhani were directed to submit report before the court. The reports submitted by the District Judges as well as the report of the Tata Institute of Social Sciences were considered by the court on 16th February 2005. Prakash Gopalrao Pohare filed an application for intervention with a list containing information relating to farmers who had committed suicide in the State. The list showed that from 1st March 2001 to January 2005, 371 farmers had committed suicide. The State Government was directed to reinvestigate the matter and to submit its report. A further affidavit was filed by the chief secretary on 10th March 2005 informing the Court that the list submitted by the intervenor together with the reports of the District Judges had been forwarded to the Commissioners in the concerned D






























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