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Current Affairs

Repealing laws

Date: 22 November 2021 Tags: Bills & Laws

Issue

The contentious farm laws passed by the government last year will be repealed, the Prime Minister announced during his address to the nation.

 

Background

The process of repealing will begin during the winter session of the Parliament. The laws are currently stayed by the Supreme Court.

 

Details

  • Repealing is a process in which the law is nullified. It takes place if the Parliament thinks that the law is no longer needed.

  • A law can also have a sunset clause under which there is an end date after which the law automatically becomes null.

 

Repealing

  • The process of law making is mentioned under Article 245 of the constitution. The Parliament derives its power to repeal from the same article.

  • The repealing can be made either completely, in parts or just to ensure that it is in contravention of other laws.

 

The process

  • Law can be repealed either through legislation or an ordinance. If an ordinance issued, it has to be replaced with legislation within six months.

  • The law can be revived if the ordinance is allowed to be lapsed. The final repealing takes place when the updated legislation is approved by the President.

  • The farm laws can also be repealed in a similar manner. A single legislation will be needed to take back these laws.

  • The repealing bill is usually introduced in the Parliament under the title Repealing and Amendment.

 

The contentious farm laws

  • Large number of farmers from Punjab, Haryana and Uttar Pradesh have been camping at the borders of the capital demanding for withdrawal of the three farm laws.
  • The three laws are:
  • The Farmers' Produce Trade and Commerce (Promotion and Facilitation) Act, 2020
  • The Farmers Empowerment and Protection) Agreement on Price Assurance and Farm Services Act 2020
  • The Essential Commodities (Amendment) Act, 2020.