PM announced to repeal all three farm laws as they failed to convince farmers about the benefits of the legislation.
Background
In June 2020 , three farm laws 1) Farmers’ Produce Trade and Commerce (Promotion and Facilitation) Act, 2020 2) Farmers’ (Empowerment and Protection) Agreement on Price Assurance and Farm Services Act, 2020 and 3) Essential Commodities (Amendment) Act were first introduced as ordinances. Both the houses of parliament passed farm laws in September with presidents assent. This burst protests in Punjab and Haryana states. Finance Minister Nirmala Sitharaman had announced these laws as part of the third tranche under Atmanirbhar bharat abhiyan to support the economy during fight against covid-19.
Petitions were filed in the Supreme Court of India challenging constitutional validity of laws. Supreme court put stay on implementation of farm laws till further orders.
What made three farm laws Controversial?
1) The Farmer’s Produce Trade and Commerce (Promotion and Facilitation ) Act 2020:
This allowed farmers to sell their produce outside physical market which are notified under Agricultural Produce Marketing Committee laws (APMC acts). Farmers feared that these rule will make lesser demand to their produce in local markets. Due to lack of resources transporting will be difficult that’s why they have to sell their produce lesser than Minimum support price in markets.
2) Farmers ( Empowerment and Protection) Agreement of Price Assurance and Farm Services Act, 2020
This law deals with contract faming where farmers can enter into a direct agreement with buyer. Farmers feared that this would lead to corporatization of agriculture. This would exploit small farmers.
3) Essential Commodities (Amendment) Act, 2020
This law was amended and did away with the Centre’s powers to impose stockholding limit on food items. This removed essential commodities like edible oil, onion and potato from essential commodities. Government can regulate supply or can bring them back under extraordinary circumstances.
Demands Of Farmers
Assurance to continue Minimum support price and conventional food procurement system. According to the recommendation by Swaminathan commission panel suggested to raise MSP to 50% more than average cost of production
Farmers demanded to end fine imposed and jail sentences imposed for stubble burning
Farmers organization demanded to protect Mandi System.
Farmers demanded to withdraw amendment of Electricity Bill 2020 .
Repeal of a Law
Repeal of law means nullifying law. When parliament thinks there is no longer need for the law to exist, law is reversed.
Article 245 of the constitution gives Parliament the power to make laws for whole or any part of country. Parliament has power to repeal a law under same provision. A law can be repealed either completely or just part of it.
Laws can be repealed in two ways 1) Through ordinance 2) through legislation.
If 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.
If government brings legislation to repeal law. Both the houses of parliament will have to pass the law and receive presidents assent. Single legislation can repeal all three laws.
Why did Government decided to repeal laws?
1) Protest from wide section of farmers:
PM Narendra modi announced that farm laws are repealing because large section of farmers is not convinced with the legislation. For almost one year farmers protested to take farm laws back. After protest against farm laws including nationwide road blockade, farmers in the state of Punjab and Haryana gave call for Delhi Chalo movement. Supreme court of India also put stay on implementation of laws
2) Talks between center and farmers:
Union leaders were invited for talks in Delhi. Copies of bills were torn and slogans were shouted. Farmers from Haryana, Rajasthan, Western Uttar Pradesh and Madhya Pradesh.
Political Impact on Government
This is the second rollback by government. First was land acquisition reforms in 2015. These both reforms were related to rural farmers issue. This may portray oppositions constant allegations that government’s moves are not in favor of rural farming communities.
No opposition party can claim credit for forcing to change government’s decision to repeal law. Credit goes to farmers only. They agitated hard in all seasons summer, winter and rains for more than year. Opposition parties gave their support to the farmers. But it can have motive to create different narrative against government.
Impact on Assembly elections
Opposition May suggest that motto to change government’s decisions was solely because they feared to lose in assembly elections
Why petitions challenged constitutional validity of Law?
Constitutionality of laws can be challenged on two grounds ( Union of India v H.S. Dhillon (1972))
Subjects in the state list
That violets fundamental rights
This questions whether Parliament has power to enact laws on agricultural markets and lands.
Positives of Farm Laws 2020
Farmers can sell their farm produce as per their wish with Produce Trade and Commerce act 2020
Contract farming will help to modernize infrastructure and attract private investments.
Farmers could have gained better returns from private entities with the end of APMCs monopoly
There will be Price stabilization with the amendment in Essential commodities bill 2020.
What will be the next step to withdraw farm laws?
Constitution has given authority to Parliament to amend, enact and repeal any law. In the coming winter session of Parliament government will have to move motion to repeal three farm laws. Ministries which piloted the bills to enact laws will have to move motion.
Conclusion:
Even though there are some deficiency in the design of the reforms of the law most of advocates of agricultural reform would agree that they were in right direction. The repeal underlines that any future attempts to reform rural agricultural economy would require much more consultation. Now reforms not only have to be of better design but also for wider acceptance from mass. The repeal would leave the government hesitant about pursuing these reforms in stealth mode again.
Author:
.jpg)
Leave a Comment
Previous Comments