Repeal Of Three Contentious Farm Laws:
Prime Minister Narendra Modi in his address to the nation on November 19 announced the repeal of three contentious farm laws.
- He assured farmer groups protesting against these laws that the legislative process for the repeal would be completed in the upcoming Winter Session of the Parliament.
Three Farm laws:
- The Farmers Produce Trade and Commerce (Promotion and Facilitation) Act, 2020, which is aimed at allowing trade in agricultural produce outside the existing APMC (Agricultural Produce Market Committee) mandis;
- The Farmers (Empowerment and Protection) Agreement on Price Assurance and Farm Services Act, 2020, which seeks to provide a framework for contract farming;
- The Essential Commodities (Amendment) Act, 2020, which is aimed at removing commodities such as cereals, pulses, oilseeds, edible oils, onion and potato from the list of essential commodities.
Repealing a law is one of the ways to nullify a law. A law is reversed when Parliament thinks there is no longer a need for the law to exist.
- Legislation can also have a “sunset” clause, a particular date after which they cease to exist.
- The government can repeal the laws in two ways — it can either bring a Bill to repeal the three laws or promulgate an ordinance that will have to be subsequently replaced with a Bill within six months.
- For repeal, the power of Parliament is the same as enacting a law under the Constitution.
- Article 245 of the Constitution which gives Parliament the power to make laws also gives the legislative body the power to repeal them through the Repealing and Amending Act.
- The Act was first passed in 1950 when 72 Acts were repealed.
- A law can be repealed either in its entirety, in part, or even just to the extent that it is in contravention of other laws.
- Laws can be repealed in two ways — either through an ordinance, or through legislation.
- In case an ordinance is used, it would need to be replaced by a law passed by Parliament within six months.
- If the ordinance lapses because it is not approved by Parliament, the repealed law can be revived.