Judicial intervention in executive agricultural policy — a necessary corrective or an overreach? Analyse with reference to recent Supreme Court directions on pulse cultivation.
Q. Judicial intervention in executive agricultural policy — a necessary corrective or an overreach? Analyse with reference to recent Supreme Court directions on pulse cultivation. (15 marks, 250-350 words)
Hearing a plea against duty-free yellow pea imports, the Supreme Court in March 2026 directed the Centre to revisit its crop policy and make pulse cultivation "worthwhile" for farmers [1]. The direction, though rooted in a genuine policy vacuum, sits at the contested boundary between judicial review and executive prerogative.
Why the intervention acts as a necessary corrective
- Corrects a structural paradox: India imported 47.38 lakh MT of pulses in 2023-24 against exports of 5.94 lakh MT, despite being the largest producer [2] — an import dependence successive policies failed to close.
- Exposes an incentive mismatch: MSP has no statutory backing and PM-AASHA's Price Support Scheme triggers only after prices fall below MSP, so farmers absorb the price risk first [3].
- Flags policy self-contradiction: duty-free yellow pea imports (till 20 February 2025) depressed domestic prices even as the Centre urged pulse expansion [2].
- Protects ecological rights: the paddy-wheat monoculture drives groundwater depletion and stubble burning; nitrogen-fixing pulses are the sustainable substitute [4].
Why it risks overreach
- Separation of powers: cropping incentives involve fiscal trade-offs, WTO subsidy limits and inflation management — polycentric choices courts lack the expertise to calibrate.
- Federal concerns: agriculture is a State subject (Schedule VII, List II, Entry 14); a Centre-directed shift may bypass State agency.
- Redundancy: the executive had already acted — the Mission for Aatmanirbharta in Pulses (2025-26 to 2030-31), 100% procurement guarantee for tur, urad and masoor till 2028-29, PM-AASHA's corpus raised to ₹60,000 crore [3][5], and a NITI Aayog roadmap [6].
Judgment: the Court has not substituted its own policy but ordered consultation and an expert committee — a facilitative, not substitutive, remedy that stays within legitimate review.
Judicial intervention here is best read as a corrective nudge rather than an overreach: it supplies urgency where implementation lagged, while leaving design to the executive. The way forward lies in assured procurement backed by irrigation and storage support, so that diversification advances both farmer income and the constitutional promise of a decent livelihood under Article 39(a).
(~330 words)
Sources: 1. Diversify beyond wheat and rice, incentivize pulses — SC on yellow peas import plea, ETV Bharat, 13 March 2026 — SC direction to revisit crop policy and make pulses worthwhile 2. Production and Import of Pulses — PIB — pulse import/export figures 2023-24; yellow pea duty-free window 3. Minimum Support Prices: From Safety Net to Self-Sufficiency — PIB — MSP/PM-AASHA design, ₹60,000 crore guarantee, 100% procurement of tur/urad/masoor 4. The Global Economy of Pulses — FAO — pulses as nitrogen-fixing, sustainability-enhancing crops 5. Union Cabinet Approves Mission for Aatmanirbharta in Pulses for 2025-26 to 2030-31 — PIB — Mission period and objectives 6. NITI Aayog releases report on "Strategies and Pathways for Accelerating Growth in Pulses towards the Goal of Atmanirbharta" — PIB — existing executive policy roadmap for pulses