Prime Minister Narendra Modi on November 19, 2021 announced the repeal of the three contentious farm laws. These laws had witnessed protests from farmers for more than a year.

Repealed farm laws

• The Farmers Produce Trade and Commerce (Promotion and Facilitation) Act, 2020. This act allowed trade in agriculture produce outside the existing Agricultural Produce Market Committee (APMC ) mandies.
• The farmers (Empowerment and protection) Agreement on Price Assurance and Farm Services Act, 2020. This provided a framework for contract farming.
• The Essential Commodities (Amendment) Act, 2020. This act was aimed at removing the restrictionson stocking of certain essentialcommodities such ascereals, pulses, oil seeds, edible oil, onion, potato etc.

Need of the Acts:-

• Reforms in the agricultural marketing is a long pending demand. It comes under the purview of state governments.
• In the early 2000’s Central Government pushed for reforms in the Agricultural Produce Market Committee (APC) Acts of the state.
• In the backdrop of huge majority in 2019 general elections, current government tried to implement the reforms by passing these laws.

Meaning of repealing a law:-

• Nullifying a law can be done in many ways, repealing is one of the ways.
• A “Sunset” clause can be added during legislation process, a date after which it is ceases to exist.
• Parliament passes another legislation to repeal a law, for which there is no sunset clause.

Circumstances:- when laws were passed

• Under Aatmanirbhar Bharat Abhiyan, to support the economy during the fight against covid-19, Finance Minister Nirmala Sitharaman had announced these reforms.
• Union cabinet approved these three laws and initially cleared them as ordinances in June 2020.
• Government moved them as bills in monsoon session in September 2020.
• Not only opposition but also NDA allies, protested against the bills.

How the government repeal law?

• Article 245 says, “Subject to the provisions of this constitution, Parliament may make laws for the whole or any part of the territory of India and the Legislature of a state may makes laws for the whole or any part of the State.”
• Parliament draws its power to repeal a law from the same provisions.
• Parliament can repeal a law in entirety, in part or even just to the extent that it is in contravention of other laws.

Process to Repeal a Law:-

• Law can be repealed in two ways

• Through an ordinance
• Through legislation

• When repealed through an ordinance, a law passed by Parliament would have to replace it within 6 months.
• After issuing the ordinance, if the law is not passed by Parliament in 6 months, repealed law gets revived.
• Legislation to repeal a law, have to pass through both the houses and get President’s assent before it comes into force.

Impact of the repeal:-

• May be these 3 Farm laws had some deficiencies in design and mechanism but supporters of reform say they were in Right direction.
• Government’s push for the reforms without consulting many stakeholders created this backlash.
• Repeal confirms the need for wider consultations & better design of reforms.
• It would also stop the government from pursuing reforms in stealth mode.