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LATEST NEWS UPDATES | An Ingenious Legislative Approach for States to Undo the Doom Spelled by Central Farm Laws -Philose Koshy

An Ingenious Legislative Approach for States to Undo the Doom Spelled by Central Farm Laws -Philose Koshy

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published Published on Oct 7, 2020   modified Modified on Oct 7, 2020

-TheWire.in

Rather than being on a collision course with the Centre to oppose recent agriculture laws, constitutionally, state governments have better options at their command to help farmers.

The three agriculture laws passed recently by the parliament give rise to several serious issues, that range from matters related to food security to the lives of Indian farmers. One of the major issues among them is related to the constitutionality of these laws, which demand a thorough analysis as it holds the key to resolve the crisis they generate.

The three agriculture laws are a clear infringement on the states’ right to legislate. The main subjects of the three acts are agriculture and market that 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.

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TheWire.in, 7 October, 2020, https://thewire.in/law/farm-law-protests-states


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