Why was the Farm Act needed govt of India? Farm act against the constitution?

The Modi government has promised to double farmers' income in their 2014 and 2019 manifesto. That is why this law was brought.

1:- Farmers Produce Trade and Commerce (Promotion and Facilitation) Act, 2020

Prior to the 2020 law, agricultural trade in India could be done only in APMC market yards (mandis). The Act, however, allows trading in "outside business areas" - such as farm gates, factory premises, warehouses, silos, and cold storage - and allows state governments to charge farmers, traders, and electronic trading at no market fee or Prevents the imposition of cess. A platform for the trading of farmers' produce in such areas.

The Act seeks to facilitate attractive prices to farmers through competitive alternative trade channels so as to promote barrier-free inter-state and inter-state trade of agricultural commodities. It allows electronic trading of farmers' produce in the specified trade area, facilitating the direct and online purchase and sale of such products through electronic devices and the Internet.

PDF:- https://prsindia.org/files/bills_acts/bills_parliament/Farmers%20Produce%20Trade%20and%20Commerce%20(Promotion%20and%20Facilitation)%20Act,%202020.pdf

2:- Farmers (Empowerment and Protection) Agreement on Price Assurance and Agricultural Services Act, 2020

The government claims that the act helps protect farmers associated with agribusiness firms, processors, wholesalers, exporters, or large retailers for agricultural services and by an attractive price structure mutually agreed upon through a contract. Conducts the sale of future agricultural produce in a fair and transparent manner.

The Act provided for a 3-tier dispute settlement mechanism by a conciliation board, sub-divisional magistrate, and appellate authority. The agreement contained a provision for a conciliation board as well as a conciliation process for the settlement of disputes.

PDF:- https://prsindia.org/files/bills_acts/bills_parliament/Farmers%20(Empowerment%20and%20Protection)%20Agreement%20on%20Price%20Assurance%20and%20Farm%20Service%20Act,%202020.pdf

3:- Essential Commodities (Amendment) Act 2020

The Essential Commodities (Amendment), 2020 allows the central government to regulate the supply of certain food items only in exceptional circumstances (such as war and famine). Stock limits can be imposed on agricultural products only when there is a sharp rise in prices.

PDF:- https://prsindia.org/files/bills_acts/bills_parliament/Essential%20Commodities%20(Amendment)%20Act,%202020.pdf

Is the agriculture law against the constitution?

1:- Fundamental Rights:-

Ex: - By this law no one's property will be taken away, nor any field will be taken.

2:- Basic Structure:-

Ex:- Some people have been that this law is against the basic structure. These people have been keeping the issue of federalism in mind. But even this point is not so powerful, you have to read number 3 to know this.

3:- State Legislative Power:-

Ex:- In the 7th schedule, the powers of the states and the center have been divided.

It has three parts:-

1:- Union List

2:- State List

3:- Concurrent List (According to the Concurrent List, both the State and the Center can make laws according to the Concurrent List.)

If both have made laws on the same issue and the laws of both are clashing, then the law of the Center will be supreme on this issue and the value of the law of the state will be zero.

4:- With reference to the procedure:-

Ex:- Some people have been that there is a mess in the process of making laws. But this is just for saying. There is a mistake in making NATO laws, there is a problem in NATO voting, there is a problem in NATO majority,

That is why this case in the Supreme Court was not taken up with the issue of the Constitution.

Protest:- 

Protest is mostly being done by the people of Punjab and Haryana. Because the importance of apmc is more in these two states.

According to many reports, it has been said that the protest which is happening is only being done by the aadtiye. Due to this law, the APMC  can be of less importance.

Due to this protest, the opposition is also looking for its benefit.

Impact On Farmers:- 

1:- Farmers Produce Trade and Commerce (Promotion and Facilitation) Act, 2020

Its effect will be good on the farmers, it has been said by the government. The government has said that this will double the income of the farmers.

From Farmer's Produce Trade and Commerce (Promotion and Facilitation) Act, 2020, farmers can sell their produce at farm doors, food processing factories, godowns, export traders, etc. apart from APMC mandis in India. With this law, now the farmer can also do his own online trading.

The government feared that if the tax is levied on farm gates, food processing factories, godowns by the states, then the government cannot levy state tax, cess, and any kind of tax in this business sector in this law. Such a provision has been made by the government.

And with this, changes have been made in the hearing of farmers' disputes in this law, now the farmer will first go to the sub-divisional Magistrate after taking his dispute. The sub-divisional judge shall form a consolation board and place an officer below him on that board and may have 2 or more companions on behalf of the farmer to settle the dispute. If the matter is not settled in the consolation board, then the sub-divisional Magistrate himself will look into this dispute, if it does not work in this also, then this dispute will go directly to the collector, this will be the last place where farmers can resolve his dispute. Meanwhile, the civil court will not have the power to look into this dispute. But in this dispute, the sub-divisional Magistrate or collector will have the power to the that he can use the power of the civil court.

2:- Farmers can now do contract farming due to the Produce Trade and Commerce (Promotion and Facilitation) Act.

Period:- 1 Cultivation:- 5 years from one cultivation season

2 Animal Husbandry: - From the arrogance of one animal to 5 years

In both of these, you can do an agreement for 5 years and in this, the time period can be extended.

 

Pricing Mechanism:- You can pre-fix or the option of pricing as well as flexibility but in this, you can increase the price but not reduce it.

Delivery Price Mechanism:- To be paid in advance or within 3 days of delivery

Farmers' Land:- Land can be mortgaged, if both have consent, then only a structure can be erected on the farmer's land and as soon as the agreement is over, the company will not remove that structure at its own expense. If the company does not remove that structure, then that structure will automatically be considered as that of the farmer.

Registration: - According to this law, every state has the right that it can make its own authority.

Along with this, more people can also be added to the agreement, such as aggregators, agricultural service providers,s, etc.

3:- Essential Commodities (Amendment) Act 2020:-

Nehruji enacted the Essential Commodities Act in 1955. The current Government of India has made some changes to this law. It is written in this law that you cannot stock up on that thing in some quantity or else.

 

Now you can store anything because both of these laws require storage. If the company took the goods from the farmer, they would have to be stocked before making it. That is why the government has changed the law.

But there are some conditions in this that if there is a situation like war, drought, national calamity in the country, then you cannot store fruits, vegetables, and if the country has 100 percent at the prices of fruits, vegetables in the last 1 year or in comparison to 5 years. If there is an increase of 50% or there is an increase of 50% in cereals, oilseeds, then you cannot do storage.

In spite of these conditions, if a company produces food, then it will get some storage, but it will get the same exemption as its equality, and with this, the exporter will get the exemption, but he will have to make an order list only then he is storing tax. You cannot do storage except in these two circumstances.