Tribune News ServiceChandigarh, October 11
The Punjab Council of Ministers today decided to move the Supreme Court challenging the signing of the World Trade Organisation (WTO) agreement by the Centre. This decision follows a close study of the likely implication, once the WTO provisions are implemented, on agriculture and industry, particularly small-scale units, says an official press note.
The Council observed that concurrence of the state was not taken prior to the signing of the agreement by the Centre. As a consequence, there is an infringement of some of the executive/legislative powers contained in the State List of the Constitution.
The state wished to seek the following ‘’relief’’ from the apex court: 1.A declaration that the Union of India is required to consult and provide full information to the states and obtain their consent before signing the final Act. 2. A direction that the Centre must consult and obtain the consent of all states before proceeding with any further negotiations or signing the final Act. 3. That the Union must make a full, complete and comprehensive statement concerning the contents of the final Act before the legislatures of the states.4. That the negotiations conducted in respect of the Dunkel Draft Treaty and the final Act are unconstitutional because they have been conducted in a clandestine manner under unconscionable pressure and in disregard to the states’ demands for consultation and consent.
The writ will also pose the following questions: 1. Do GATT and WTO have the effect of infringing/restricting or modifying the legislative powers or the laws made by the states with respect to subject matters enumerated in Lists II and III of the Seventh Schedule of the Constitution? 2. Is the Union entitled to implement the covenants contained in an international treaty or agreement in exercise of its executive powers under Article 73 of the Constitution in the absence of any parliamentary legislation in that behalf?
