·The Hindu·15 marks·250–350 wordsPolityEconomyCulture

Agriculture being a State subject, examine the constitutional and administrative challenges in enacting a uniform Central law for women farmers' rights.

In this answer
  1. Constitutional challenges
  2. Administrative challenges

After Maharashtra became the first State to legislate exclusively for women farmers in July 2026, the EAC-PM Chairman indicated that the Centre is examining a similar law [5]. Since agriculture and land fall squarely in the State List, a uniform Central statute faces both competence-related and delivery-related hurdles.

Constitutional challenges

  • Legislative competence: Agriculture (Entry 14) and land, tenancy and land records (Entry 18) are State List subjects under the Seventh Schedule, barring direct Union legislation [1].
  • Enabling routes are fragile: Parliament can act only via Article 249 (Rajya Sabha resolution), Article 252 (consent of two or more States) or by anchoring the law in Concurrent entries — each is temporary or politically contingent.
  • Personal-law fragmentation: Inheritance rights flow from the Hindu Succession (Amendment) Act, 2005, which made daughters coparceners but binds only Hindus [4]; a uniform entitlement law must sidestep uneven succession regimes.
  • Enabling provisions such as Article 15(3) and DPSP Article 39(a) permit affirmative action but confer no independent legislative competence.

Administrative challenges

  • Defining a "farmer": Maharashtra's Women Farmer Certificate delinks recognition from land title, backed by a digital registry, an Empowerment Fund and a Chief Minister-led Governing Council [2]. Replicating this needs harmonised, digitised land and tenancy records, which States maintain unevenly.
  • Identification gap: Women form roughly a third of cultivators and over two-fifths of agricultural labourers, yet hold barely a tenth of operational holdings [3] — leaving most outside credit and insurance databases.
  • Weak precedent in delivery: The existing mandate of at least 30% scheme expenditure on women farmers under the National Food Security Mission and allied schemes shows targets falter without identification machinery [3].
  • Fiscal and design divergence: Funds and registries draw on State budgets; divergent State designs risk fragmentation before any Central framework matures.

The obstacle is therefore less of intent than of constitutional architecture. A model law circulated for State adoption, backed by centrally sponsored incentives and interoperable land-record and registry standards, offers the most workable path — advancing gender justice through cooperative federalism rather than around it.

Sources

  1. 1Constitution of India, Seventh Schedule (State List, Entries 14 and 18)agriculture and land as State subjects
  2. 2The Maharashtra Women Farmers Empowerment Bill, 2026, PRS Legislative ResearchWomen Farmer Certificate, Fund, registry and Governing Council
  3. 3PIB, "Participation of Women Farmers in Agriculture Sector"women's share in the agricultural workforce and landholdings; 30% scheme expenditure mandate
  4. 4Hindu Succession Act, 1956, Section 6 (as amended in 2005), India Codedaughters as coparceners
  5. 5The Hindu, "Centre mulls separate law for women farmer rights" (8 August 2026) — EAC-PM Chairman's statement at MSSRF, Chennai
Practice
12 questions on this article
Check the answer for each question, or reveal all at once.
Practice MCQs →

More from this note

More on Polity