Monthly Current Affairs | Law Prep Tutorial

If you’re preparing for CLAT, Current Affairs play a significant role in securing a good score. So, you need to be updated with the daily current affairs and current happenings across the globe. Here is a list of some legal current affairs that took place this week.

How is a Law repealed in India?

Prime Minister Narendra Modi announced on November 19, 2021, to repeal all the three farm laws that were passed in 2020.

What does the repeal of laws mean?

Repealing a law is the process of nullifying it. Parliament reverses a law when Parliament thinks the law is no longer required.
Legislation can also set a “sunset clause”, which is a particular date after which laws cease to exist.
Laws which do not have a sunset clause, Parliament passes another legislation to repeal it.

How does the government get the power to repeal a law?

Parliament is empowered to make laws for any part of India, and state legislatures are empowered to make laws for the state in accordance with Article 245 of the Constitution. Article 245 also provides the power to repeal a law when it is no longer needed.

How is a law repealed?

A law is repealed either in parts or in its entirety or just to the extent that it is in contravention with other laws.

Process of repealing a law

Laws are repealed in two ways:

Through an ordinance, or
Through legislation

Repealing through ordinance

In case of repealing through ordinance, Parliament passes a law to replace it within six months. If the ordinance lapses because Parliament did not approve it, the repealed law can be revived.

Article 245

Article 245 of the constitution provides for the extent of laws made by Parliament as well as the Legislatures of States. This article states that:

Parliament is empowered to make laws for the whole or any part of India, while the state legislature is empowered to make laws for the whole or any part of the State.
Laws made by Parliament will not be invalid on the grounds that it would have extra-territorial operation.

Draft Food Safety & Standards (Genetically Modified or Engineered Foods) Regulations, 2021

“Draft Food Safety and Standards (Genetically Modified or Engineered Foods) Regulations, 2021” was issued by the Food Safety and Standards Authority of India (FSSAI) on November 15, 2021.

Key Facts

The draft regulation will be applicable to:

Genetically Modified Organisms (GMOs)
Genetically Engineered Organisms (GEOs)
Living Modified Organisms (LMOs)

It was issued for direct use as food or for processing.
It will be applicable to Food or Processed food comprising of Genetically Modified ingredients produced from but not containing GMOs, LMOs or GEOs.

Provisions of the draft regulations

No person will manufacture, store, sell, distribute, or import any food or food ingredient derived from Genetically Modified Organisms, in the country, except with prior approval from the Food Authority.
Under the regulation, any food laboratory that has been notified in accordance with section 43 of the Food Safety & Standards Act, 2006 can be designated for Genetically Modified Foods Testing.
Form-I of the regulation specifies “Application for approval of food or processing aid comprising of Living Modified Organism (LMOs)” in the end product.
Form-II of the regulation specifies “Application for Approval of food or processing aid derived from Genetically Modified Ingredients and not comprising Living Modified Organism (LMOs).

Food Safety and Standards Authority of India (FSSAI)

FSSAI is a statutory body set up in accordance with the Food Safety & Standards Act, 2006. It was established under the Ministry of Health & Family Welfare. FSSAI is responsible for protecting and promoting public health through regulation and supervision of food safety.

Three farm laws were repealed after 1 year of protest

Prime Minister Narendra Modi, in his address on November 19, 2021, announced that the central government would repeal all three farm laws.

Highlights

He also requested farmers who were protesting to return back to their homes.
The decision to repeal the farm laws was taken one year after farmers started their protest against it across the country.
These laws will be repealed in the Winter Session of Parliament.

What are those laws?

The three laws that let to agitation by farmers across India are:

Farmers’ Produce Trade and Commerce (Promotion and Facilitation) Act, 2020
Essential Commodities (Amendment) Act, 2020
Farmers (Empowerment and Protection) Agreement on Price Assurance and Farm Services Act, 2020.

What were Farmer’s concerns?

The main concerns of farmers were that these laws would abolish the Minimum Support Price (MSP), which is guaranteed by the Centre on select crops. It will eventually leave farmers at the mercy of big corporate houses.

Centre’s Decision of the laws

The PM noted that the majority of farmers are small-scale farmers in India. Central government took a multi-faceted approach ranging from seed technology to crop insurance schemes, in order to help these farmers. The three farm bills were put forward to benefit small farmers, to empower & strengthen them. However, the government could not convince a section of protesting farmers. In that light, the laws were repealed.

Zero Budget Natural Farming

In his address, PM also noted that the central government has decided to implement Zero Budget Natural Farming and make MSP more efficient. The government will set up a committee of Centre, State representatives, scientists, economists, and farmers.

Ordinance to extend terms of CBI, ED chiefs

The government of India has brought two ordinances to extend the tenure of directors of the Central Bureau of Investigation (CBI) and Enforcement Directorate (ED) for up to five years.

Key Points

Presently, the tenure for the chiefs of both agencies is two years.
The government promulgated ‘The Central Vigilance Commission (Amendment) Ordinance, 2021 as well as Delhi Special Police Establishment (Amendment) Ordinance, 2021’ on November 14, 2021.
As per the ordinance, directors of CBI and ED cannot be removed before the end of their tenure.
A CBI or ED director can be appointed first for a period of two years. However, the tenure can be extended for three more years if needed.
Extended three years terms will require three separate annual extensions.
No extension will be granted to an ED or CBI chief after completing a period of five years.

Central Vigilance Commission (Amendment) Ordinance 2021

As per this ordinance, the period for which the Director of Enforcement holds the office can be extended up to one year at a time on the recommendation of the Committee under clause(a) of the ordinance. The reason for the same needs to be recorded in writing. No extension will be granted after a period of five years in total, adding the period mentioned in the initial appointment.

Delhi Special Police Establishment (Amendment) Ordinance 2021

This ordinance also provides a similar amendment with respect to the director of the Central Bureau of Investigation (CBI).

Stay tuned for more updates on legal current affairs and tips on CLAT preparation.

References:

Also read – Farmer’s Bill 2020: Provisions & Protest

Legal Current Affairs