Prime Minister Narendra Modi on November 19, 2021 announced that the three contentious farm laws passed in 2020 would be repealed.
The Prime Minister also said that the process of repealing the laws — which are currently stayed by the Supreme Court — will take place in the upcoming Winter Session of Parliament.
Process to repeal a law
- A law is reversed when Parliament thinks there is no longer a need for the law to exist.
- Legislation can also have a “sunset” clause, a particular date after which they cease to exist. For example, the anti-terror legislation Terrorist and Disruptive Activities (Prevention) Act 1987, commonly known as TADA, had a sunset clause, and was allowed to lapse in 1995.
- For laws that do not have a sunset clause, Parliament has to pass another legislation to repeal the law.
- Article 245 of the Constitution gives Parliament the power to make laws for the whole or any part of India, and state legislatures the power to make laws for the state. Parliament draws its power to repeal a law from the same provision.
- A law can be repealed either in its entirety, in part, or even just to the extent that it is in contravention of other laws.
- Laws can be repealed in two ways — either through an ordinance, or through legislation.
- The government can also bring legislation to repeal the farm laws. It will have to be passed by both Houses of Parliament, and receive the President’s assent before it comes into effect. All three farm laws can be repealed through a single legislation.
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