The Seeds Bill was introduced in 2004, and is listed for discussion in Rajya Sabha this week. We had flagged some issues in our Legislative Brief. The Standing Committee had also made some recommendations (summary available here). These included the following: Farmers selling seeds had to meet the same quality requirements (on physical and genetic purity, minimum level of germination etc.) as seed companies. Second, seed inspectors had the power to enter and search without a warrant, unlike the requirements in the Criminal Procedure Code for the police. Third, the compensation mechanism for farmers was through consumer courts; some other Acts provide separate bodies to settle similar issues. The government has circulated a list of official amendments. These address most of the issues (tabulated here). One significant issue has not been addressed. The financial memorandum estimates that Rs 36 lakh would be required for the implementation of the Act during 2004-05 from the Consolidated Fund of India. The amount required by state governments to establish testing laboratories and appointing seed analysts and seed inspectors has not been estimated, which implies that the successful implementation of the bill will depend on adequate provision in state budgets.
In the last decade, some schemes have been recast as statutory entitlements – right to employment, right to education and right to food. Whereas schemes were dependent on annual budgetary allocations, there rights are now justiciable, and it would be obligatory for Parliament to allocate sufficient resources in the budget. Some of these rights also entail expenditure by state governments, with the implication that state legislatures will have to provide sufficient funds in their budgets. Importantly, the amounts required are a significant proportion of the total budget. There has been little debate on the core constitutional issue of whether any Parliament can pre-empt the role of resource allocation by future Parliaments. Whereas a future Parliament can address this issue by amending the Act, such power is not available to state legislatures. Through these Acts, Parliament is effectively constraining the spending preferences of states as expressed through their budgets passed by their respective legislative assemblies. I have discussed these issues in my column in Pragati published on August 16, 2013.
