Go back to committees’ is the farm laws lesson

The Hindu     22nd November 2021     Save    
QEP Pocket Notes

Context: In any key legislation, the practice now of not involving the established systems of Parliament has to be reviewed.

Issues associated with farm legislations

  • Systems of Parliament were bypassed by the Government to bring farm laws
    • Government brought these three farm laws first as ordinances.
    • Farm Bills were not referred to either the standing committee or a joint select committee of both Houses of Parliament as has been the practice earlier.
  • Misuse of constitutional provision like Article 123: Article 123 is used to legislate on a matter when there is great urgency in the nature of an emergency and the sitting of Parliament is quite some time away. But, 
    • Farm laws which make radical changes in the farm sector and affect the life of farmers in very significant ways do not have the kind of urgency which necessitates immediate legislation through the ordinances.
  • Absence of consensus over Bills: Farmers were not taken into confidence at any stage of ordinance, but laws have a far-reaching impact on the farmers.
    • No comprehensive discussions with the farmers: As bills were not referred to standing committee on agriculture for a detailed scrutiny.
    • Farmers do not got  an opportunity to present their views before the committee and Parliament.
  • Scepticism prevailing after repeal of farm laws: Repealed laws can be brought back in future may be with certain modifications because the government has not taken the position that these farm laws are wrong or harmful to the farmers. 
    • Government is of the view that these laws are necessary for reforming the farm sector.
    • Apprehension that repeal of laws may be tactical moves by the Government to tide over the emerging political situation in certain regions of the Indo-Gangetic Plain. 
    • Government has not abandoned the basic approach to corporatisation of the farm sector.

                  Way forward: ‘Go back to committees’

                  • Proper parliamentary scrutiny of pieces of legislation: As Parliament is a kind of shock absorber. Its systems have been designed to address issues with a cool head and find solutions. 
                    • Consultation in parliament: The committees take the heat off the issues and deal with them in a mature manner by listening to all stakeholders.
                  • Balance approach towards legislation:  Protection of farmers is an essential part of national interest.  
                    • For balance approach, any future legislation on farmers should fully involve the systems of Parliament fully.
                  • Strengthening parliamentary committees: Now, Bills are very rarely referred to the committees. 
                    • Since detailed examination of Bills by committees result in better laws, the presiding officers may, in public interest, refer all Bills to the committees for examination with few exceptions.

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                  QEP Pocket Notes