Source-jagranjosh.com Hello everyone, here I am going to discuss the 3 recent controversial farm laws in details, passed by the parliament, and their validity in the eyes of law. At first I will be dealing with constitutionality of these acts and then a brief analysis of the provisions of these acts, limitations and at last I have proposed some suggestions. Irrespective of the various debates or views of politicians and leaders, I would like to focus on insights of these farm laws of agriculture from legal perspective. Constitutionality of 3 Farm Acts- What do you mean by constitutionality? Well, constitutionality means any law passed by the legislation must be in accordance with the constitution and if there is any inconsistency as a whole or any part of in derogation of the fundamental rights shall be void to the extent of such contravention under Article 13. [1] The Honorable Supreme Court over the years, to examine the constitutionality of any act, had applied different tests on
Before discussing about health emergency first I would like to take you to 1948, when constitution of India was being drafted. At that time India was going through a lot of stress because of many reasons like partition of country, Kashmir issue, riots etc. So the makers of the constitution thought to give central government an authority to declare emergency so that “when the stability and security of country is threatened by internal or external threats the Central government can take over the control and would be able to stabilize the situation”. So some emergency provisions were made in constitution to protect the integrity and stability of the country namely National Emergency(Article 352), State Emergency (Article 356) and Financial Emergency (Article 360). As it is very clear by the headings that State emergency deals with emergency in a state and financial emergency deals with finance so let’s have a look on National Emergency- In Constitution the provision of National Emerge