Prime Minister Modi says government will repeal three farm laws; here is the process that will follow

The three laws — the Farmers' Produce Trade and Commerce (Promotion and Facilitation) Act, 2020, the Farmers Empowerment and Protection) Agreement on Price Assurance and Farm Services Act 2020, and the Essential Commodities (Amendment) Act, 2020— received the President’s assent on September 27, 2020.

After the Prime Minister’s announcement, the Centre will have to seek permission from both Houses of Parliament to proceed with their repeal, as per the rules.

Article 245 of the Constitution empowers Parliament to enact as well as repeal any law. The government can repeal the three laws through a single repealing Bill. The government has to pass a Bill in both the Lok Sabha and Rajya Sabha before its approval by the President of India, as is the process in legislation enacted by Parliament.

“The concerned Agriculture Minister or one of his colleagues will have to move a Bill in Parliament saying that the laws are repealed and the Bill has to be passed in both the Houses of Parliament,” said Chakshu Roy, head of legislative and civic engagement at PRS Legislative Research.

The government can mention the reasons why it intends to repeal the three laws in the statement of objects and reason of the Bill. Before that, the proposal will be sent to the Law Ministry by the Agriculture Ministry. The Law Ministry will look into the legal aspects of the repeal before it is tabled in the Parliament.

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“Just as the Legislature has the power to enact laws, similarly it has the power to repeal laws. The efficacy of the Legislature depends upon the possession of the power to repeal the existing law, for without this attribute the power to enact would be a nullity, and the body of the law a series of contradictory enactments. Consequently, the legislative power to repeal prior laws is not inhibited by any constitutional prohibitions, but exists as a necessary part and increment of the legislative power and function,” reads reference note by the Lok Sabha secretariat.

The law will most likely be repealed in the upcoming Winter Session. But it will also depend on how smoothly the Opposition allows Parliament to function.

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It’s not the first time the Narendra Modi government is going back on a law impacting farmers. In August 2015, Prime Minister Modi withdrew two successive ordinances that made amendments to a legislation on farm land.

The decision followed months of protests by opposition parties demanding that the government withdraw the executive order allowing companies to obtain land without the owner’s consent in some cases.

Additionally, the Centre has repealed a number of outdated laws as part of PM Modi’s policy to scrap ‘archaic’ laws.

The Centre had promulgated the three Farm Bills on June 5, 2020 claiming that these would push the agricultural sector in India from a government-run to a private-run sector. An ordinance to this effect was passed in Lok Sabha on September 17, 2020 and in Rajya Sabha on September 20, 2020 by voice vote amid protests by Opposition leaders.

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The Bills were given presidential assent on September 27, 2020 and were notified in the Gazette of India to become laws. On November 25, 2020, farmers’ unions in Punjab and Haryana gave the call for a ‘Delhi Chalo’ protest march.

On January 12, 2021, the Supreme Court suspended the implementation of the far, laws and set up a four-member committee to make recommendations on the legislations after listening to all stakeholders.