President Pranab Mukherjee has directed to return the Bihar Sugarcane (Regulation of supply and purchase Amendment) Bill, 2007 to state Assembly for reconsideration. The President’s message in this regard was read out by Speaker Vijay Kumar Chaudhary in the House on the opening day of the budget session today.
The Sugarcane Amendment Bill approved by the state Assembly in 2007 seeks to set up state Advisory Board to fix cane price on its own in place of that fixed by the Central government.
“Having considered the Bill reserved for my consideration under provisions (Article 200 read with clause (2) of article 254) of the Constitution, I do hereby direct the Governor in pursuance of proviso the Article 201 of the Constitution that the Bill be returned to Legislative Assembly of Bihar with a message to reconsider it,” the President’s message said.
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The message referred that the issue of competence of the state legislature to fix state advised price of sugarcane over and above the minimum price fixed by the Central government is pending before the Supreme Court in the case of West UP Sugar Mills Association and others Vs state of UP and others (2012) 2 SCC 773.
It said “the Apex Court in view of conflict between observations made by Constitution Benches of five Judges in Tika Ramji case (AIR 1956 SC 676) and UP Coop Cane unions Federation (2004) has directed that the matter be placed before the Chief Justice of India for reference to a bench of seven benches and thus pending before larger bench for authoritative pronouncements.”