Farm Laws and Farmers’ Protests

The Prime Minister Narendra Modi recently announced that the Central Government would repeal the three controversial farm laws in the upcoming Parliamentary session, which has been a point of contention between the protesting farmers and the Central Government for months.

The fear of dismantling the Agriculture Produce Marketing Committees, Minimum Support Price, and corporate exploitation led to many writ petitions being filed in the Supreme Court challenging the said laws.

In the plethora of cases filed in the Supreme Court, from both the sides of the farmers, asking for relief from the controversial farm laws, and the general public, seeking relief from the inconvenience caused by the roads-blocked by the protesting farmers, the SC upheld that the right of the farmers’ peaceful protests and constituted a committee to examine the constitutionality of the laws and the views of the farmers and the Central Government. The court also ordered that the MPS system will continue in the meantime as existed before and that no farmer must be dispossessed or deprived of his titled as a result of any action taken under the laws.

On 19th November, 2021, PM Modi announced that the three controversial laws will be repealed in the upcoming parliamentary session.

Article 245 of the Constitution of India empowers the Parliament to enact as well as repeal any law.  The government can repeal a law in two ways – it can either bring a bill to repeal the three controversial laws, or promulgate an ordinance that will have to be subsequently replaced with a Bill within 6 months. Either way, the Parliament will have to be involved in order to repeal the laws. In order to repeal the existing laws, a bill will need to be introduced and passed to repeal the three farm laws. It is further clarified on queries by the general public that even though the laws have not been implemented yet, the fact remains that the laws have been passed by the Parliament and have received assent from the President. Therefore, it is the Parliament alone which can repeal the controversial laws.

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