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Indian Farm Laws

Laws are like sausages, it is better not to see them being made. - Otto Van Bismark

I am very well aware of the fact that the farm laws have been repealled by the Government of India, yet I am writing this blog/article to answer few questions raised by the masses.This article will be unbiased and I will clear all the doubts related to the legalities of the farm laws.

THIS ARTICLE IS DIVIDED INTO 3 PARTS

PART 1:- DOES THE CENTRAL GOVERNMENT HAVE THE RIGHT TO MAKE LAWS RELATED TO AGRICULTURE?

PART 2:- WAS THE VOTING PROCEDURE LEGAL OR NOT?

PART 1:- DOES THE CENTRAL GOVERNMENT HAVE THE RIGHT TO MAKE LAWS ON AGRICULTURE?

India has 3 lists, namely;

Union List; where the central government alone makes laws

State List; where the state government alone makes laws

Concurrent List; where the central & state government make laws

Agriculture is, as per Entry 14 of List 2 is a state subject. Apart from this, "Trade and Commerce" as per entry 26 of List 2, "Production, Supply and Distribution of goods" as per entry 27 and "Markets and Fairs" as per entry 28 of List 2 are under the State list.

But as per Entry 33 of List 3 "Trade and Commerce" and "Production, Supply and distribution" are under the Concurrent List and is subject to the laws made by the Central Government.

Now a majority of you would be thinking that doesn't the constitution contradict itself?

Well, when the constitution was made then the central government was allowed to make laws on Agriculture but only for 5 years but in 1954, when the constitution was amended then the centre was given the powers to make laws on Agriculture permanently. This amendment was made in accordance with Article 369 of the constitution.

******* Hence, we conclude that the Central government has all the right to make laws on Agriculture and these Farm Laws' don't violate the constitution of India. *******

PART 2:- WAS THE VOTING PROCEDURE LEGAL OR NOT?

The constitutionality of these Farm laws is not the only aspect that has to be kept in mind while discussing the legalities of the 3 Farm Laws, we must also keep a check on whether the correct procedure is being followed or not. So, there has to be consultation with all the stakeholders before the parliament can intact a law. The Government of India said that they had consulted a large section of the population including the farmers before formulating these laws.

The constitution under Article 100 says that any question or all questions in any sitting of the house shall be determined by the majority of the votes of the members present and voting. The bill was passed through voice votes which violate this law

But but but, a very big but

As per Article 122, the procedure is legal as this law states that the validity of any procedure in Parliament shall not be called in question on the ground of any alleged irregularity of procedure. Again before we jump to conclusions let us see another article of the constitution.

As per Article 107, any bill shall not be deemed to have been passed unless it has been passed by both the houses of the parliament.

******* Hence, we conclude that the Farm laws have been passed in accordance with the constitution of India and do not violate it. *******

Conclusion:- The 3 Farm laws did not violate the constitution and were therefore constitutional. If any one of these procedures was violated then the Supreme court of India would have scraped off these laws but did not do so.

#farm laws #indian politics #fact check