Punjab CM Captain Amarinder Singh argues that that ‘u/Article 254 (II) states can seek an amendment to central laws for local & contextual needs, as has been done in many cases, especially in CPC & CrPC laws’. In fact, Article 254 (2)allows states to make laws on subjects in concurrent list and States can use this provision to negate central law so Punjab government is well within its rights to pass the farm bills using this provision
Agriculture is a state subject so States can frame laws on agriculture, markets and the laws amended by Punjab assembly is a unanimous decision where all parties have come together for it. It’s a constitutionally mandated process.
Punjab government argues that it was imperative upon them keeping the farmers' interest in mind to amend certain clauses, failing which tremendous distress would be caused to the farm sector. As the primary rice and wheat producing state of the country, Punjab becomes the biggest stakeholder in these reforms. Their interest must be protected first at all costs
However, there is a huge caveat to states framing laws on agriculture and/or amending central laws according to states contextual requirements using article 254(2). The caveat is that in such cases the president’s approval becomes mandatory and the perfunctory Governor’s nod is insufficient for these bills to become operational as laws.
Since the president has already approved the centre’s laws, it is unlikely that he would again approve state laws that are in contravention to central laws. Under the circumstances, the farm bills passed by Punjab face the possibility of becoming inconsequential unless the matter is contested in court.
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