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Why Farm laws must be redrafted?

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Syllabus: GS 3

Synopsis: The process adopted by the government to enact the three farm laws was not appropriate. The government should reconsider its stand to not withdraw the laws.

Introduction 

Much has been debated about the impacts and benefits of farm laws on farmers. But the ordinance route adopted to enact these laws was a clear violation of the rules and procedures of Parliament. 

What were the discussions between the first Lok Sabha speaker and the first Prime Minister?

After independence, the ordinance route was criticized for being inherently undemocratic by G V Mavalankar in a letter to Nehru. In a reply, Nehru also agreed with his view.

They both agreed on one thing that the ordinance route is not appropriate and should be avoided except on special and urgent occasions.

What was wrong in the process of passing these laws?

Passing these farm laws through the ordinance route was bad in law and in clear violation of established parliamentary practices. There was nothing urgent which could not have waited for Parliament to reassemble.

In normal circumstances, bills are referred to the concerned standing committee for examination and report. Only in rare cases, the bills are passed directly by the two Houses without referring them to the committee.

For example, the Companies Amendment Bill was examined by the committee twice in spite of the opposition of the then corporate affairs minister Veerappa Moily. 

The procedures established by the parliament ensures that the two Houses do not go wrong in the passing of bills for the public purpose. In case of a mistake, courts have the power of reviewing these bills. 

Way forward

The Supreme Court has stayed the implementation of the laws. But these laws can be declared void for not following the established procedure, stepping over the power of states.

Although The government agreed and delayed their implementation for 18 months, it should consider the government withdrawing the laws completely. It should redraft the bills if required and send them to the standing committee on agriculture. 

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