A proposed seed law may be a new flashpoint in Indian federalism

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Agricultural Minister Shivaraj Singh Chouhan recently announced that he would introduce a new Seeds Bill in the next session of Parliament replacing the vintage Seeds Act, 1966 enacted during the Green Revolution. The new law is aimed at regulating the quality of seeds being made available to Indian farmers and vests significant powers in the Union Government to regulate the seed industry and by implication, agriculture across the country.

A draft of the bill was made available in November for public consultations but without a white paper explaining the government’s rationale for the bill and its policy objectives. From statements made by the Minister, the primary aim of the bill is to tackle the flood of complaints from farmers about the poor quality of seeds being sold to them.

The private seed industry has largely supported the bill on the grounds that it will improve “ease of doing” business. On the other hand, some farmer groups and activists have criticised the bill on the grounds that it will consolidate corporate control over the trade of seeds, adversely affect crop biodiversity and traditional farming practices, including community seed banks.

A more fundamental question, which has received little attention, is whether Parliament has the legislative competence under the Constitution to enact the seeds law in the first place. This is...

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