Opinion divided on High Court’s direction

While some see judicial overreach, others say law has to evolve and take an egalitarian approach

Opinion is divided on the Madras High Court’s direction to the Tamil Nadu government to expand the crop loan waiver scheme to all farmers. While some have come out strongly in favour of the order, others are not impressed.

“What is wrong in this? When corporate loans running into several crores are waived off, why not for farmers? Those who are involved in farming are over 50 years and the growth in agriculture is abysmal. I think there is nothing wrong in expanding the scheme to all farmers,” contends retired judge of the Madras High Court Justice D. Hariparanthaman.

Citing Article 39 and some directive principles in the Constitution, the former judge says the courts can be considerate towards the weaker sections of the society. “How else can the law evolve?” he asks.

However, another retired judge of the Madras High Court Justice K. Chandru disagrees. Contending that the judiciary should remain within its boundaries, he says that fiscal matters should be left for the others arms to decide. “Of course, I share the sentiments of the farmers. But, in case of fiscal matters, the legislature and the executive should have the final word. Without authorisation from the legislature, even the executive cannot spend a single paise. At the most, the judiciary can only direct authorities to consider the plea of petitioners sympathetically,” he contends.

‘Other arms better placed’

A senior IAS officer also contended that the legislature and the executive are better placed to decide who should benefit from various schemes. “Decisions are made by the legislature and the executive arm based on various factors. If the courts are cautious in giving directions, their orders can be respected and their directions implemented,” he said.

State President of the National South Indian River Interlinking Agriculturist Association P. Ayyakannu welcomed the verdict. “We welcome the judgement which is in the interests of farmers,” he said.

On the legal soundness of the direction, he said: “If the legislature and the executive play with loopholes in law, it is right on the part of the judiciary to correct it. As per Article 14 of the Constitution, all are equal before law.”