Prime Minister Narendra Modi has announced the Centre will roll back three controversial farm laws in the upcoming Winter Session of the Parliament.
The three laws were passed by the government last year and notified in the official gazette on September 27, 2020, after they received the approval of President Ram Nath Kovind.
The Parliament has the power to repeal the law under Article 245 of the Constitution, the same provision that empowers it to make laws.
When is a law repealed?
In India, laws are repealed to remove inconsistencies, when there is no reason for their existence or when they have served their purpose.
“Enactments which have ceased to be in force or have become obsolete or the retention whereof as separate and independent Act is unnecessary, then, such enactments are repealed, or as the case may be, to remove any formal defects in any enactment which comes to notice during its administration,” a reference note by the Lok Sabha Secretariat said.
How is a law repealed?
To repeal a law, a new law has to be enacted and a specific repealing clause is inserted in it. Hence, the amendment bill for the three farm laws would have to be tabled in Parliament in the same way as any other law.
"It can be tabled in this session itself. It will have to be introduced in Parliament, then debated and voted on. The timeline will depend on the political process," senior advocate Subhash Kashyap told India Today.
The proposal for the amendment has to be forwarded by the ministry concerned to the Law Ministry. Then the Law Ministry will look into the legal aspects after which the concerned minister and not the law minister will introduce the bill in the Parliament.
Once both houses of the Parliament pass the bill, it will be ratified by the President of India and the previous act will be repealed.
The repeal bill can be passed with a simple majority in Parliament. However, if it is a Constitutional amendment that was passed with a 2/3rd majority of both houses of Parliament, then the repeal bill will also have to go through a similar process.
The government will introduce the repealing of the three farm laws in the Winter Session of the Parliament, which will commence from November 29 and conclude on December 23.
(Edited by : Abhishek Jha)