#Thread on farm Act and all its controversies.
Let us start with the controversies-
Is this act unconstitutional as it is being preached by many political parties?
There are two ways in which a law can be declared unconstitutional: substantive and procedural.
a. Substantive grounds are where the law itself is unconstitutional, which means the law is against the fundamental rights. Farm act is not about the fundamental rights.
b. Procedural grounds are where the way in which a law is enforced is unconstitutional.
Now, this give us two points where this law can be challenged-
I. If this act against the Federalism structure of India.
Federalism in India refers to relations between the Centre and the States of the Union of India.
In simple words, there are few sections where only state govt. can make law (state list) & there are few sections where only Centre can make law (union list). However, there are few section where both can make law (concurrent list), refers to the 7th schedule of our constitution.
Before 1954, only state govt. had powers to make law related to agriculture. But, in 1954, Nehru chacha did an amendment which gave powers to centre too to make agriculture related law, refers to the entry on 33 of concurrent list.