Key bills that are likely to be introduced and passed include the one to replace the contentious Delhi Ordinance.
New Delhi: The Narendra Modi government is likely to introduce 21 new Bills in the upcoming monsoon session of parliament starting on Thursday.
The monsoon session is scheduled to start on July 20 and continue till August 11.
According to a tentative list released by the government stating the legislative business, there are 21 new Bills along other Bills which have already been introduced in the Lower House and referred to joint committees and their reports presented.
The Bills that have already been scrutinised by various parliamentary committees and have been listed for passage are: The Biological Diversity (Amendment) Bill, 2022; The Jan Vishwas (Amendment of Provisions) Bill, 2023; The Multi-State Cooperative Societies (Amendment) Bill, 2022, The Forest (Conservation) Amendment Bill, 2023; and The Mediation Bill, 2021.
The Biological Diversity (Amendment) Bill, 2022
The Biological Diversity (Amendment) Bill, 2022 amends the Biological Diversity Act, 2002.
According to the amendment’s statement of object and reasons, the Bill seeks to “encourage Indian system of medicine”, bring more “foreign investments”, reduce the pressure on wild medicinal plants, and facilitate fast-tracking of research, patent application processes, among others.
The Bill exempts access to codified traditional knowledge and access to cultivated medicinal plants from benefit-sharing provisions.
Critics say that the amendments including those accepted by the parliamentary panel look to benefit the Ayurveda, Yoga, Unani, Siddha and homeopathy or AYUSH industry at the expense of the Act’s stated purpose to protect biodiversity and ensure fair and equitable sharing of benefits of sustainable use of biodiversity with the communities which have conserved them.
The Bill also decriminalises offences under the Act and makes them punishable with a penalty.
The Forest (Conservation) Amendment Bill, 2023
The Bill amends the Forest (Conservation) Act, 1980 and seeks to exempt certain categories of land from the purview of the Act, including land within 100 km of India’s border needed for national security projects, small roadside amenities, and public roads leading to a habitation.
The Act also specifies activities that can be carried out in forests which include establishing check posts, fencing, and bridges.
At least least six opposition MPs out of the 31 members of the Joint Parliamentary Committee examining the bill have filed dissent notes, The Hindu reported.
The report said that the dissenting members include Congress MPs Pradyot Bordoloi and Phulo Devi Netam, TMC MPs Jawahar Sircar and Sajda Ahmed, and DMK MPs T.R. Baalu and R. Girirajan.
The MPs said that exemptions extended to significant tracts of land could prove detrimental to significant forest cover in Himalayan and trans-Himalayan and northeastern regions, threaten biodiversity and trigger extreme weather events.
The Jan Vishwas (Amendment of Provisions) Bill, 2023
The Jan Vishwas (Amendment of Provisions) Bill, 2023 aims “to amend certain enactments for decriminalising and rationalising minor offences to further enhance trust-based governance for ease of living and doing business”.
It amends 42 laws, across multiple sectors, in agriculture, environment and media and publication, according to PRS Legislative Research.
This includes the Indian Post Office Act, 1898, the Environment (Protection) Act, 1986, the Public Liability Insurance Act, 1991, and the Information Technology Act, 2000.
The Bill converts several fines to penalties. For instance, all offences under the Post Office Act, 1898 stand to be removed with the Bill.
It also removes imprisonment as a punishment for many offences.
The Bill also increases fines and penalties for certain offences in specified Acts by 10% of the minimum amount every three years.
It also provides for the appointment of Adjudicating Officers to decide penalties.
The Multi-State Cooperative Societies (Amendment) Bill, 2022
The Multi-State Cooperative Societies (Amendment) Bill, 2022 amends the Multi-State Co-operative Societies Act, 2002.
The Bill allows the Co-operative Election Authority to conduct and supervise elections to the boards of multi-state co-operative societies.
It calls for the development of Co-operative Rehabilitation, Reconstruction and Development Fund for the revival of sick multi-state co-operative societies. According to PRS this will effectively imposes a cost on well-functioning societies.
It also allows state co-operative societies to merge into an existing multi-state co-operative society.
It entails that prior government permission will be required for multi-state co-operative societies for the redemption of their shareholding which may go against autonomy enjoyed by co-operatives.
The Mediation Bill, 2021
The objective of the Bill is “to promote, encourage and facilitate mediation especially institutional mediation for resolution of civil and commercial disputes”.
The Bill is aimed at reducing the burden on courts, saving time, reducing litigation costs and preserving relationships among disputants.
According to PRS, while the Bill may reduce the pendency in courts, by making mediation mandatory it takes away its voluntary nature.
It also looks to set up a Mediation Council of India which will need prior approval from the Union government before issuing regulations related to its essential functions.
This may also raise questions since the government itself may be a party to mediations, PRS stated.
In April, Supreme Court judges and former judges hailed the Bill and said it would be useful for the judiciary and can make India an emerging hub of institutional mediation once it is legislated, reported Deccan Chronicle.
Bill to replace contentious Delhi ordinance
The 21 new Bills include one that seeks to replace the contentious Delhi Ordinance over the control of services in the national capital.
The purpose of the Government of National Capital Territory of Delhi (Amendment) Bill, 2023, which will replace the ordinance has been described in the legislative business list as: “The conclusions drawn in Constitution Bench pronouncement poses certain challenges to the smooth administration of GNCTD which need to be addressed through appropriate legal interventions.”
On Monday, the Supreme Court refused to grant an immediate interim stay on the Ordinance which was brought on May 11, overriding an order by the apex court which ruled that only Delhi’s elected government has authority over civil servants.
The court had also stated that except for issues linked to land, police and public order, the Lieutenant Governor has “no independent decision-making powers” under the Constitution.
The Aam Aadmi Party (AAP) has challenged the ordinance in the Supreme Court and said that it allows the LG to override the elected government.
Delhi chief minister Arvind Kejriwal has also met with opposition party leaders in recent weeks to cobble up support to block the Bill when it is brought to parliament. While it has received support from opposition parties, the Congress has remained non-committal.
The AAP is looking at the Rajya Sabha to block the Bill where the BJP-led NDA does not have majority on its own. With 31 members in the Rajya Sabha, defeating the Bill may not be possible without the Congress.
The Congress’s lack of commitment has also become a sticking point to opposition unity, with the AAP announcing that its participation in the Bengaluru meeting will rest on the Congress’s stated opposition to the ordinance in parliament.
Data Protection Bill
The other new Bill that has been listed in the legislative business and is facing criticism is The Digital Personal Data Protection Bill, 2023.
“The purpose of the Bill is to provide for the processing of digital personal data in a manner that recognizes both the right of individuals to protect their personal data and the need to process personal data for lawful purposes, and for matters connected therewith or incidental thereto,” the tentative list describes.
“The Bill aims to establish the comprehensive legal framework governing digital personal data protection in India.”
Other new Bills
The other new Bills include:
- The Postal Services Bill, 2023 that seeks to replace the Indian Post Office Act of 1898, which governs the functioning of post offices in the country.
- The Ancient Monuments and Archaeological Sites and Remains (Amendment) Bill, 2023 which is aimed at rationalising the prohibited area around a protected monument among other amendments.
- The International Monetary Fund and Bank Bill, 2023 which will repeal the International Monetary Fund and Bank Act, 1945 to bring a new legislation.
- The Provisional Collection of Taxes Bill, 2023 which will replace “The Provisional Collection of Taxes Act, 1931‟ as part of review of the repeal/amendments/re-enactment of all pre constitution Central Acts.
In addition, other Bills that have been listed include: The National Cooperative University Bill, The National Dental Commission Bill, The National Nursing and Midwifery Commission Bill, The Drugs, Medical Devices and Cosmetics Bill, The Registration of Births and Deaths (Amendment) Bill, The Jammu and Kashmir Reservation (Amendment) Bill, The Cinematograph (Amendment) Bill, The Press and Registration of Periodicals Bill, among others.
While the government has laid out its tentative legislative business agenda for the monsoon session, whether it will be able to pass and consider all these Bills remains a concern as the session is only 17 days long.
The Budget session held between January 31 and April 6 was a washout, with a logjam between the Treasury Benches demanding an apology from now disqualified Congress MP Rahul Gandhi over his speech in London in which he spoke about the state of Indian democracy.
Opposition MPs on the other hand demanded a discussion and a Joint Parliamentary Probe on the allegations of stock manipulation by the Adani group made in a report by Hindenburg Research.
According to statistics by the PRS, 27 sittings were planned for both Lok Sabha and Rajya Sabha but only 25 each were actually held.
Lok Sabha worked for 33% of its scheduled time and Rajya Sabha for 24% (only accounting for actual sitting days).
There will be a few firsts this monsoon session.
The session will be the first after Gandhi’s disqualification. It will also be the first to be held in the new parliament building.
The session is expected to start in the old parliament building and later move to the new building, Press Trust of India reported.
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