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LATEST NEWS UPDATES | Why Farm Laws Fall Afoul of the Constitution -M Sridhar Acharyulu

Why Farm Laws Fall Afoul of the Constitution -M Sridhar Acharyulu

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published Published on Dec 11, 2020   modified Modified on Dec 12, 2020

-Newsclick.in

These laws denude federalism and attempt to turn a nation of farmers into an agricultural market led by big business.

In 2018, the Aadhaar Act was passed as a money bill, which a dissenting judgement of the Supreme Court described as a “fraud on the Constitution”. A presidential notification amended Art. 370 of the Constitution by giving an anti-democratic interpretation to Art. 367. The Citizenship Amendment Act was brought in under invalid pretexts and based on false statements. And now the National Democratic Alliance government has passed three farm acts in a way that no parliamentary democracy can accept—yet another fraud on the Constitution. These new laws are fundamentally unconstitutional as they perpetuate the erosion of state powers and the encroachment of the Union into state legislative terrain.

Federal scheme

The Constituent Assembly thoroughly debated the distribution of sovereignty and rights between the Union and the states and envisaged a limited federal structure under Articles 1 & 246. Both state and central legislatures, strictly separated by two lists, were given plenary powers. On List III—the Concurrent List—the constitutional scheme envisages cooperative federation. That is, both of them can legislate on the entries in this list. This means Parliament, despite its power under Article 368 to amend the Constitution, cannot legislate on state subjects. The Centre also cannot take away or abridge the plenary powers of states.

The ministers, Members of Parliament, the Speaker and Deputy Chairman of the Rajya Sabha should have either read the Constitution or consulted those who understand the law before passing the three laws. Entries 14, 18 and 24 in the State List do not allow Parliament to pass any law on the subjects listed in them. In fact, states have already legislated on these subjects, and they can still amend or legislate afresh on these entries in order to offer the protections which the NDA’s farm acts have taken away.

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Newsclick.in, 11 December, 2020, https://www.newsclick.in/why-farm-laws-are-anti-constitution?fbclid=IwAR1F4ACkb6ZAYwgnPzXDsU6I_xG3nuyEPr0J6J-0eAx44vUzjCfLBB_T-gA


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