AGRICULTURAL LAWS PASSED BY PARLIAMENT ,2020
Constitutional of the farm laws :
for an act to be constitutional , the following is seen
a] what is written in the law ?
b]what was the procedure of the passing of the law ?
- To be constitutional :state legislature process -article 246 [7th schedule in point 14 agriculture is mentioned
-in 26 -trade and commerce[subject to entry no 33 ]
– in 27 -production , supply and distribution of goods and services within state
list 3[subject to entry no. 33] entry no. 33 production ,supply , distribution ,trade and commerce of seeds] and 254[if contradiction between center and state then center will won]
- article 13
ARTICLE 13: Any law made by the legislature against Part III shall be void in nature.
Reasonable restriction – Doctrine of Eclipse : Such a law remains valid for all claims arising out
of a pre constitutional period.
- law also should follow principle of basic structure
- so its not against basic structure , fundamental laws, and sate legislative process.so its constitutional
constitutional with respect to procedure .
voice vote
- two types of voting
a]voting by division
b]voting by voice [not written in constitution but in the rules of procedure of Rajya Sabha ]so it is passed by voice vote on 20 September 2020
voice vote happened due to Covid
but the deputy chairman does not review voice vote correctly it is cons of this law.
article 122-
if law is unconstitutional we can question in the courts , but judiciary cant question the Parliament rules of procedure.
FIRST FARM LAW :
The farmers Produce Trade and Commerce Promotion and Facilitation Act 2020-
main provisions
a[ Trade areas outside APMC {agriculture Producer Market Committee} accessible[ FARM GATE WHOLESELLER , COLD STORAGE , FACTORY ETC ]
b] Inter -state and Intra -state trade will be done
c]online trading -B2B[business to business] , B2C[business to customer ]use of new technology .
c]no state taxes [OR FEE /CESS]
d]dispute settlement-1.conciliation board[out of court settlement ]
2.SDM[sub division magisterate ]
3.DC[district collector ]
you cant go to court -it is mistake because here farmes should be permitted to go to the court.
APMC[AGRICULTURAL PRODUCER MARKETOR COMMITTEE]
Positives
- auction halls are there
- commission agents [help to sell products of farmers ]
problems
1] increase in cost
a]percentage to commission of agents.
b]percentage of market fee.
c] percentage of Rural infra development fund.
2]cartels or oligopoly [commission agents nexus to fixed the price before selling behind the farmers]
3]less revenue to farmers
4]politics indulgence
reforms in APMC [2003]:
- Model AMPC Act in sates like Maharashtra [private market area outside APMC is there
- direct market licence not need to go to a market is direct selling [ example big basket ] last year transaction of 4800 crore in APMC AND in DML 11000 crore ]
| merits | Demerits |
| inter state trade is allowed | no alternative employment is there |
| competition between farmers to help them grow and to be more advanced | no judicial support s there |
| increase in the innovation | no regulation of registeration-PAN |
| Oligopoly is there |
SOLUTIONS :
-APMC [level playing field]
-judicial support in courts or tribunals
-registeration -proper verification of documents should be there.
second farm law
The Farmers [Empowerment and Protection ] Agreement on price assurance and Farm Services Act, 2020
- advice from agronomist ON SEEDS , FERTILIZERS , PESTICIDES etc
1.AGREEMENT -it is between farmers and sponsor.
2.PERIOD-crop period upto 5 years and one reproductive cycle upto 5 years.
3. MODAL CONTRACTS may be made by state government.
4. Price fixing mechanism – a] pre fix [interim quality checks ]
b] fix and flexible [interim quality checks ]
- minimum assured price bonus/premium may be added.
7.registeraion of contract to be done by state government
8. act of god cause -this is used if due an extraordinary natural forces .there is an unforceable and unavoidable damage .no penalty is applied in such a case .
9.dispute settlement -A] cociliation board
B] SDM
C] DC
10.PENALTIES-whatever money sponsor has to give , he shall pay 1.5 times of it .farmer will pay only what the sponsor has spent due to such a contract.
11. aggregators -those who help to create farmer producer organizations or a group of farmers
12. farm services provider may be mentioned in the contract example the company might include the names of agro -scientists to check quality , name of the person ho provides fertilizers or pesticides or seeds
merits
a] work will between done and the bases of contact like any other sector
b] innovation
c] crop patterns might change
d] Encouragement to farmer producer organizations [FPO]
COCERNS WITH THIS ACT _
1 NO JUICAL SUPPORT
2. modal contact should be made by the central government for pan India
3. Regualtions are being -the act only mentions that the sponsor should have PAN card .proper Verification of documents and rejisteration of sponsors should be made by the government .
4.legislative support should be given to MSP.
third farm law
the essential Commodities [amendment ]act
- its aim is to deregulate commodities
- essential commodities like pulses , oilseeds , potato , onion, edible oils ,cereals .
- it ensures the delivery of certain commodities which become obstructed r stops due to black marketing