Agriculture: Division of power between states and the Centre by the Constitution
- January 3, 2021
- Posted by: OptimizeIAS Team
- Category: DPN Topics
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.