The story so far: After a turbulent Budget Session, the stage is set for yet another round of clashes between the Narendra Modi-led government and a united opposition over a host of issues during the Monsoon Session of Parliament starting on Friday, July 20. Spread over 23 days with 17 sittings, the session begins in the old building and is later expected to move to the new building where it will conclude on August 11.
The government plans to take up seven Bills for consideration and passage and introduce 21 new draft legislations during the session, including the Digital Personal Data Protection Bill and Government of National Capital Territory of Delhi (Amendment) Bill.
There is no mention of a Bill on the Uniform Civil Code in the tentative list of legislative business of the 12th session of the 17th Lok Sabha, although speculative reports about the government’s plan to table such a Bill were doing the rounds. The issue will, however, be on top of the agenda of the Opposition which has regrouped to form the INDIA (Indian National Developmental Inclusive Alliance) alliance to take on the NDA (National Democratic Alliance) ahead of the 2024 Lok Sabha elections. The government is also expected to face Opposition heat over the Manipur crisis and the issues of price rise, unemployment and alleged misuse of central agencies.
What is on the government’s agenda?
Bills that have been introduced and will be now taken up for consideration and passing:
1. The Biological Diversity (Amendment) Bill, 2022
The Bill was introduced in December 2021 to amend the existing Biological Diversity Act of 2002. It was referred to a Joint Parliamentary Committee for scrutiny in 2022. The draft legislation seeks to reduce compliance burdens and simplify requirements for domestic companies using biological resources. It also exempts registered certain practitioners from giving prior intimation to concerned authorities for accessing biological resources. It facilitates fast-tracking of research and decriminalises certain offences. The draft came under heavy criticism, with environmentalists claiming that the amendments prioritise commercial trade at the expense of biological resources. Here’s The Hindu explainer on the Biological Diversity (Amendment) Bill.
2. The Jan Vishwas (Amendment of Provisions) Bill, 2023
The Bill was drafted to improve the ease of doing business and ease of living in the country. It seeks to redefine the regulatory landscape of the country with decriminalisation of around 180 clauses under over 40 Acts. The JPC which reviewed the Bill submitted its report in March this year.
3. The Multi-State Cooperative Societies (Amendment) Bill, 2022
The Bill seeks to amend the Multi-State Cooperative Societies Act, 2002, which governs cooperatives that have operations in more than one State and are registered with the Central Registrar. The Bill provides for the establishment of a Co-operative Election Authority to conduct and supervise the electoral functions of multi-state co-operative societies. Amid concerns that the provisions encroached upon the rights of State governments, the Bill was referred to a joint committee for review. Here’s The Hinduexplainer on the Multi-State Cooperative Societies (Amendment) Bill.
4. The Repealing and Amending Bill, 2022
Introduced in the Lok Sabha in December 2022, the Bill seeks to repeal around 65 redundant and obsolete laws. It is currently pending in the Lower House.
5. The Forest (Conservation) Amendment Bill, 2023
The controversial Bill seeks to amend the Forest Conservation Act, 1980, enacted to protect forests and empower the Centre to regulate the extraction of forest resources. The 2023 draft was introduced in the Lok Sabha in March and was referred to a joint panel. It amends the Act to reclassify forest areas and expands the list of activities permitted to be carried out on forest land. The committee set up to examine the proposed amendments to the Act has endorsed the amendment Bill in its entirety, despite objections from ecologists and conservationists. Here’s The Hindu explainer on The Forest (Conservation) Amendment Bill, 2023.
Also Read | Ecologists, conservationists express serious concerns over Forest Conservation Amendment Bill
6. The Mediation Bill, 2021
The Bill seeks to introduce a comprehensive law on mediation, to promote and facilitate mediation to resolve disputes and to propose mandatory mediation before litigation. The proposal was introduced in the Rajya Sabha in December 2021 and referred to a Standing Committee for review. The panel submitted its report in July 2022. Here’s The Hinduexplainer on The Mediation Bill, 2021.
Key new Bills that are likely to be introduced:
The Government of National Capital Territory of Delhi (Amendment) Bill, 2023
The Bill seeks to replace the contentious ordinance that curtails the powers of the elected State government on bureaucrats posted in Delhi. The ordinance effectively nullified the Supreme Court judgment that gave the Delhi government greater legislative and administrative control over civil services matters. The AAP has challenged the ordinance in the Supreme Court.
As to the purpose of the Bill, the government said in the Lok Sabha bulletin, “The conclusions drawn in Constitution Bench pronouncement pose certain challenges to the smooth administration of GNCTD (Government of National Capital Territory of Delhi) which need to be addressed through appropriate legal interventions.”
The issue related to the Delhi ordinance is likely to dominate proceedings. For months, Delhi CM and Aam Aadmi Party (AAP) chief Arvind Kejriwal has been preparing for a pushback on the ordinance in the Rajya Sabha. While the AAP has 10 members in the Upper House, the BJP has 93 MPs. The AAP stands a real shot at blocking the Bill if the Congress party, which has 31 members, backs it. A few days ahead of the Monsoon Session, the Congress party ended speculation over its stand and announced that it will back the Delhi government Bill. The ordinance “curtails constitutional rights and responsibilities of the elected government,” party leader Jairam Ramesh said.
The Digital Personal Data Protection Bill, 2023
Another issue that is expected to trigger a face-off between the Opposition and the government is the Digital Personal Data Protection Bill. The draft specifies norms on the management of the personal data of Indian residents and requires explicit consent from people whose data is collected and used. The Bill allows laypersons to complain to the Data Protection Board of India if they have reason to believe that their personal data has been used without their consent. Right to Information activists have raised privacy concerns on an amendment to the RTI Act, 2005 in the Bill that would prohibit government departments from sharing personal information.
The government had earlier also attempted to table the Bill, but withdrew it in August last year amid opposition, saying it would bring in a fresh draft that fits into a comprehensive legal framework, based on suggestions made by the JCP.
The purpose of the new Bill, as per the Lok Sabha bulletin, is “to provide for the processing of digital personal data in a manner that recognises 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 Bill employs plain and simple language to facilitate ease of understanding. It aims to establish a comprehensive legal framework governing digital personal data protection in India,” it adds.
The National Research Foundation Bill, 2023
It provides for the establishment of a new funding agency, to be known as the National Research Foundation, to bolster scientific and technological research in the country. The Department of Science and Technology (DST) will be an “administrative” department of the NRF that will be governed by a governing board consisting of researchers and professionals across disciplines. The NRF will operate with a budget of ₹50,000 crore for five years, of which 28% (₹14,000 crore) will be the government’s share, and the remaining 72% (₹36,000 crore) will come from the private sector.
The Drugs, Medical Devices and Cosmetics Bill, 2023
To replace the existing Drugs and Cosmetics Act, 1940, a pre-independence legislation, the Centre had constituted a committee to review obsolete laws and frame the Bill. The draft includes provisions to regulate e-pharmacies, clinical trials and medical devices, among others. An industry body for medical device manufacturers wrote to Health Minister Mansukh Mandaviya ahead of the Monsoon Session, demanding that the Bill be returned with an advisory to resubmit separate laws to regulate drugs and medical devices after due consultation.
The Postal Services Bill, 2023
The legislation seeks to replace the Indian Post Office Act of 1898 which governs the functioning of post offices in the country. “The purpose of this Bill is to stipulate fundamental matters on postal services, facilitate the development of the postal sector, protect the rights and interests of users, and promote the socio-economic development of the country through post offices,” says the Lok Sabha bulletin.
The Jammu and Kashmir Reservation (Amendment) Bill, 2023
The Bill will be brought in to change the nomenclature of “weak and under-privileged classes” provided in the Jammu and Kashmir Reservation Act, 2004, and the Rules of 2005 to “Other Backward Classes,” as recommended by the Jammu and Kashmir Socially Educationally Backward Classes Commission (SEBCC) set by the Union Territory administration, the bulletin says.
The Registration of Births and Deaths (Amendment) Bill, 2023
It seeks to make the registration process people-friendly and to update other databases at the national and state levels using a database of registered births and deaths.
The Press and Registration of Periodicals Bill, 2023
The Bill seeks to provide for press and registration of periodicals.
Other Bills up for consideration
The National Dental Commission Bill, 2023 provides for a National Dental Commission, while the National Nursing and Midwifery Commission Bill, 2023 seeks to set up a National Nursing and Midwifery Commission (NNMC). The government is also likely to introduce the International Monetary Fund and Bank Bill, 2023 to repeal the International Monetary Fund and Bank Act, 1945 to make way for a new legislation. Separate Bills seek a revision of lists of Scheduled Castes and Scheduled Tribes in Chhattisgarh, Jammu and Kashmir, and STs in Himachal Pradesh.
Other Bills expected to be on the anvil are the Advocates (Amendment) Bill, 2023; Provisional Collection of Taxes Bill, 2023; Ancient Monuments and Archaeological Sites and Remains (Amendment) Bill, 2023; Mines and Mineral (Development and Regulation) Amendment Bill, 2023; Railways (Amendment) Bill, 2023; and the National Cooperative University Bill, 2023.
What is the Opposition’s strategy to corner Modi government?
The Monsoon Session portends to be politically turbulent as a united Opposition gears up to corner the Centre on the outbreak of violence in Manipur. Congress leader Jairam Ramesh’s remark on the eve of the session that Parliament is no exception to the heavy clouds over Delhi is reflective of the turbulence expected in the coming days.
In no uncertain terms, the Congress told the government at an all-party meeting on Thursday that a debate on the prolonged violence in the State is “non-negotiable.” The Centre must shun its “my way or the highway” approach and follow a middle path for the smooth functioning of Parliament, the Opposition said and insisted on a detailed reply from PM Modi on the issue. The government has confirmed around 140 deaths in Manipur, which has been facing ethnic violence since May.
The Opposition is bracing itself for a face-off with the Centre on the Delhi ordinance issue. The Congress has thrown its weight behind the AAP, saying it will oppose the ordinance in Parliament. “The government should withdraw the ordinance, considering a five-judge bench is reviewing it in the Supreme Court. All the INDIA parties spoke about it,” Mr. Ramesh said after the meeting.
The Congress is also set to oppose the amendments to the Forest Conservation Act and the Biological Diversity Act, which Mr. Ramesh termed as terrible amendments that will “destroy forests that are so very essential for ecological and other purposes”.
The issue of Congress leader Rahul Gandhi’s disqualification from Parliament is another issue that is expected to trigger heated debate. The former Congress chief was disqualified after his conviction in a defamation case in March this year.
Other concerns that continue to be on the Opposition’s agenda include inflation, alleged misuse of central agencies, unemployment and the demand for a joint parliamentary committee probe into the Adani matter which disrupted the previous Budget Session of Parliament.
- After a turbulent Budget Session, the stage is set for yet another round of clashes between the Narendra Modi-led government and a united opposition over a host of issues during the Monsoon Session of Parliament starting on Friday, July 20.
- The government plans to take up seven Bills for consideration and passage and introduce 21 new draft legislations during the session, including the Digital Personal Data Protection Bill and Government of National Capital Territory of Delhi (Amendment) Bill.
- There is no mention of a Bill on the Uniform Civil Code in the tentative list of legislative business
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