Rajasthan Farm Bills v/s Centre’s farm laws
- Posted By
10Pointer
- Categories
Government Schemes
- Published
4th Nov, 2020
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- The Rajasthan Govt has passed three Bills, pertaining to the State amendments to the Central statutes:
- 1) The Farmers Produce Trade and Commerce (Promotion and Facilitation) (Rajasthan Amendment) Bill, 2020.
- 2) The Farmers (Empowerment and Protection) Agreement on Price Assurance and Farm Services (Rajasthan Amendment) Bill, 2020.
- 3) The Essential Commodities (Special Provisions and Rajasthan Amendment) Bill, 2020.
- The main subjects of the three acts are agriculture and marketthat are essentially state subjects as per the Seventh Schedule of the Constitution.
- However, the Central government finagled its way into the legislation by misconstruing its authority on food items, a subject in the Concurrent List,as authority over the subject agriculture.
- However, food items and agricultural products are distinct categories as many agricultural products in their raw forms are not food items and vice versa.
- Agriculture is in the state list under the Constitution.
- The Concurrent Listprovides Centre and the states powers to control production, supply and distribution of products of any industry, including agriculture.
- Usually, when a state wants to amend a Central law made under one of the items in the concurrent list,it needs the clearance of the Centre.
- When a state law contradicts a Central law on the same subject, the law passed by Parliament prevails.
- The states can take Centre to the Supreme Court over the validity of these laws.
- Article 131of the Constitution provides exclusive jurisdiction to the Supreme Court to adjudicate matters between the states and the Centre.
- Article 254 (2)of the Constitution empowers state governments to pass legislations which negate the Central acts in the matters enumerated under the Concurrent List.
- A state legislation passed under Article 254 (2) requires the assent of the President of India.
