The process for repealing a law
- November 20, 2021
- Posted by: OptimizeIAS Team
- Category: DPN Topics
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The process for repealing a law
Subject – Polity
Context – Prime Minister Narendra Modi announced on Friday that the three contentious farm laws passed last year would be repealed.
Concept –
What does it mean for a law to be repealed?
- 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.
- For example, the anti-terror legislation Terrorist and Disruptive Activities (Prevention) Act 1987, commonly known as TADA, had a sunset clause, and was allowed to lapse in 1995.
- For laws that do not have a sunset clause, Parliament has to pass another legislation to repeal the law.
How can the government repeal a law?
- Article 245 of the Constitution gives Parliament the power to make laws for the whole or any part of India, and state legislatures the power to make laws for the state. Parliament draws its power to repeal a law from the same provision.
- A law can be repealed either in its entirety, in part, or even just to the extent that it is in contravention of other laws.
What is the process for repealing a law?
- Laws can be repealed in two ways — either through an ordinance, or through legislation.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 If the ordinance lapses because it is not approved by Parliament, the repealed law can be revived.
- The government can also bring legislation to repeal the farm laws. It will have to be passed by both Houses of Parliament, and receive the President’s assent before it comes into effect. All three farm laws can be repealed through a single legislation. Usually, Bills titled Repealing and Amendment are introduced for this purpose.
The 3 Farm Laws
- The Government with the aim of transforming agriculture in the country and raising farmers’ income had passed three important legislation from Parliament.
- The Farmers’ Produce Trade and Commerce (Promotion and Facilitation) Act, 2020,
- The Farmers (Empowerment and Protection) Agreement of Price Assurance and Farm Services Act, 2020,
- Essential Commodities (Amendment) Act, 2020.
The Farmers’ Produce Trade and Commerce (Promotion and Facilitation) Act, 2020
- Freedom to the Farmers: The Act provides the farmers the freedom of choice related to sale and purchase of produce.
- Liberation from the Cess: The farmers will not be charged any cess or levy for sale of their produce under this Act. Further there will be a separate dispute resolution mechanism for the farmers.
- The act aims at opening up agricultural sale and marketing outside the notified Agricultural Produce Market Committee (APMC) mandis for farmers, removes barriers to inter-State trade and provides a framework for electronic trading of agricultural produce.
- It expands the scope of trade areas of farmers’ produce from select areas to “any place of production, collection, aggregation”.
The Farmers (Empowerment and Protection) Agreement of Price Assurance and Farm Services Act, 2020
- Aims to provide for a national framework on farming agreements that protects and empowers farmers to engage with agri-business firms, processors, wholesalers, exporters or large retailers for farm services.
- It defines a dispute resolution mechanism. The Act provides for a three-level dispute settlement mechanism– Conciliation Board, Sub-Divisional Magistrate and Appellate Authority.
Essential Commodities (Amendment) Act, 2020
- It removes cereals, pulses, oilseeds, edible oils, onions and potatoes from the list of essential commodities. It will deregulate the production, storage, movement and distribution of these food commodities.
- It will also remove stockholding limits on such items except under “extraordinary circumstances”. The central government is allowed regulation of supply during war, famine, extraordinary price rise and natural calamity of grave nature and annual retail price rise exceeding 100% in horticultural produce (basically onions and potatoes) and 50% for non-perishables (cereals, pulses and edible oils), while providing exemptions for exporters and processors at such times as well.
- It requires that imposition of any stock limit on agricultural produce be based on price rise.
- It will allow agribusinesses to stock food articles and remove the government’s ability to impose restrictions arbitrarily.