Context
Recently, Prime Minister Narendra Modi in his address to the nation announced the repeal of three contentious farm laws.
- He assured farmer groups protesting against these laws that the legislative process for the repeal would be completed in the upcoming Winter Session of the Parliament.
Parliament’s power to ‘make’ or ‘repeal’ laws
- 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- A law can be repealed either in its entirety, in part, or even just to the extent that it is in contravention of other laws.
- 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
- For laws that do not have a sunset clause, Parliament has to pass another legislation to repeal the law.
What is the process for repealing a law?
Laws can be repealed in two ways — either through an ordinance, or through legislation.
Ordinance
- 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- If the ordinance lapses because it is not approved by Parliament, the repealed law can be revived.
Legislation
- In case of legislation, it will have to be passed by both Houses of Parliament, and receive the President’s assent before it comes into effect.
The three farm laws
- The Farmers Produce Trade and Commerce (Promotion and Facilitation) Act, 2020, which is aimed at allowing trade in agricultural produce outside the existing APMC (Agricultural Produce Market Committee) mandis.
- The Farmers (Empowerment and Protection) Agreement on Price Assurance and Farm Services Act, 2020, which seeks to provide a framework for contract farming.
- The Essential Commodities (Amendment) Act, 2020, which is aimed at removing commodities such as cereals, pulses, oilseeds, edible oils, onion and potato from the list of essential commodities.
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