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Recent development on Farmer’s law protest.

Farmer law:

 

Farmers insist that the laws be repealed. Over the years, Parliament has repealed several laws and there have also been precedents of the government not bringing law into force for several years after it has been passed.

Bringing/Repealing a Law:

  • Parliament has the power to make a law and to remove it from the statute books (a law can be struck down by the judiciary if it is unconstitutional).
  • A Bill is a draft proposal, which needs to be passed in the Lower and Upper House, and only after the President gives his assent, it becomes an Act.
  • Repeal means to revoke, abrogate or cancel particularly a statute. Any statute may repeal any Act in whole or in part, either expressly or impliedly by enacting matters contrary to and inconsistent with the prior legislation.

President’s Assent:

  • Article 111 of the Constitution specifies that the President can either sign off on the Bill or withhold his consent.
  • A Bill is sent to Parliament for reconsideration if the President withholds his assent on it. And if Parliament sends it back to the President, he has no choice but to approve it. Thus, the President enjoys only a ‘suspensive veto’.

Making Law Operational:

  • Rules & Regulation: Parliament gives the government the responsibility of making rules and regulations for efficient functioning of the Act.
  • The government not only has the power to make rules but can also suppress rules made by it earlier.
  • If the government does not make rules and regulations, a law or parts of it will not get implemented.
  • The Benami Transactions Act of 1988 is an example of a complete law remaining unimplemented in the absence of regulations.

Time Period: Parliament has recommended that the government make rules within six months of passing a law.

  • A parliamentary committee has observed that this recommendation is “being followed in breach by various ministries”.

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