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Ahead of the seventh round of discussion between the Centre and the protesting farmers on Monday, the farmers have sought legal opinion against the argument that repealing a law involves a lot of procedural and legislative hurdles. The ministers and officers had ruled out repealing the three farm laws during the discussions.
Senior leader of All India Kisan Sabha P Krishnaprasad told BusinessLine that there’s no basis for the Centre’s argument that repealing is not possible. “We had sought legal opinion on the matter. We were told that it can be done through an Ordinance or through by bringing Bills to repeal the Acts in Parliament,” he said.
‘Government can assure’
Advocate in Supreme Court Aditya Chatterjee said in his note to the Kisan Sabha that to have the farm laws repealed a Repealing Act providing for the repeal of the farm laws will have to be tabled and passed in Parliament.
He said in the note that since it may take some time to have the repealing Acts to be brought to Parliament and then passed, for the interim period, the farmers organisations may seek assurances from the government that the farm statutes will not be implemented, that the States may continue to enforce their respective laws irrespective of the farm statutes and that the Centre “will not make any rules in furtherance of the farm statutes, while their repeal is in process.”
Meanwhile, the Working Group of All India Kisan Sangharsh Coordination Committee (AIKSCC) said the success of Monday’s talks depend entirely on the repeal of the three Farm Acts.
Repeal process
“There has been much speculation about procedures for repeal of the Acts. AIKSCC clarifies that it can be done by an Ordinance followed by a Parliamentary repeal and the Constitution provides for the Government and Parliament to make as well as repeal laws. They are neither time consuming, nor complicated. If the Modi Government has the will, it is a matter of only a day or two. The main hurdle is the political will of the BJP led NDA Government. The main question is - does the Government stand with Corporates or the Farmers?,” the organisation said in a statement.
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