Agriculture: Division of power between states and the Centre by the Constitution

Agriculture: Division of power between states and the Centre by the Constitution

Subject: Polity/Indian Constitution

Context: India has been witnessing a month-long farmers’ protest over three farm acts passed by the Parliament. One of the issues in whole saga has been “agriculture” as a subject which is majorly in states subject list is being encroached by the Centre.

Concept:

• The Constitution under article 246 divides subject in three lists:

1) Union list with exclusive power of legislation to the Parliament. Ex- Defence, Citizenship etc.

2)State list: Exclusive power to the state legislatures in normal circumstances (Exception examples are like Emergency). Ex- Policing, Public order etc.

3) Concurrent List: Both can make laws with the Parliament having overriding power. Ex- Education

4) Residuary list: Any subject not in above list to be legislated by the Parliament.

• Agriculture subjects under state list:

Entry 14: Agriculture, including agricultural education and research, protection against pests and prevention of plant diseases energy;

Entry 18: Rights in or over land, land tenures, rents, transfer agricultural land, agricultural loans, etc.

Entry 26: Trade and commerce within the State subject to the provisions of entry 33 of List III or concurrent list (Trade and commerce in, and the production, supply and distribution of … b) foodstuffs, including edible oilseeds and oils)

Entry28: Markets and fairs

Entry 30: Money-lending and money-lenders;

Entry 45: Land revenue, land records, etc.)

Entry 46: Taxes on agricultural income

Entry 47: Succession of agricultural land

Entry 48: Estate duty in respect of agricultural land

Entry52: Taxes on the entry of goods in to a local area for consumption, use or Sale therein

• Concurrent List:

Entry 6 mentions transfer of property other than agricultural land;

Entry7 is about various contracts not relating to agricultural land; and

Entry 41 deals with evacuee property, including agricultural land.

• Parliament enacted law for contract farming, inter-state commerce as in farm laws under the entry 33 of the concurrent list:

Trade and commerce in, and the production, supply and distribution of … b) foodstuffs, including edible oilseeds and oils)

• The committees headed by Ashok Dalwai and Ramesh Chand recommended that ‘agricultural market’ be entered in the Concurrent List.