Legislation UpdatesStatutes/Bills/Ordinances

Parliament passes the Citizenship (Amendment) Bill, 2019 today.

The Bill has been passed with a majority of 125.


On 10-12-2019, the Citizenship (Amendment) Bill, 2019 was passed by Lok Sabha with a majority of 311 in favour of the Bill.

Following are provisions to be amended as placed in the Bill:

  • Amendment of Section 2:

In the Citizenship Act, 1955 (hereinafter referred to as the principal Act), in section 2, in sub-section (1), in clause (b), the following proviso shall be inserted, namely:—

“Provided that any person belonging to Hindu, Sikh, Buddhist, Jain, Parsi or Christian community from Afghanistan, Bangladesh or Pakistan, who entered into India on or before the 31st day of December, 2014 and who has been exempted by the
Central Government by or under clause (c) of sub-section (2) of section 3 of the Passport (Entry into India) Act, 1920 or from the application of the provisions of the Foreigners Act, 1946 or any rule or order made thereunder, shall not be treated as illegal migrant for the purposes of this Act.”

  • Insertion of new Section 6B

Special provisions as to the citizenship of person covered by the proviso to clause (b) of sub-section (1) of Section 2.

  • Amendment of Section 7D

In section 7D of the principal Act,—

(i) after clause (d), the following clause shall be inserted, namely:—

“(da) the Overseas Citizen of India Cardholder has violated any of the provisions of this Act or provisions of any other law for time being in force as may be specified by the Central Government in the notification published in the Official Gazette; or”.

(ii) after clause (f), the following proviso shall be inserted, namely:—

“Provided that no order under this section shall be passed unless the Overseas Citizen of India Cardholder has been given a reasonable opportunity of being heard.”

  • Amendment of Section 18

In section 18 of the principal Act, in sub-section (2), after clause (ee), the following clause shall be inserted, namely:—

“(eei) the conditions, restrictions and manner for granting certificate of registration or certificate of naturalisation under sub-section (1) of section 6B;”

  • Amendment of Third Schedule

In the Third Schedule to the principal Act, in clause (d), the following proviso shall be inserted, namely:—

‘Provided that for the person belonging to Hindu, Sikh, Buddhist, Jain, Parsi or Christian community in Afghanistan, Bangladesh or Pakistan, the aggregate period of residence or service of Government in India as required under this clause shall be read as “not less than five years” in place of “not less than eleven years”.

*Citizenship (Amendment) Bill, 2019 passed by Lok Sabha


Discussion in Rajya Sabha has begun: [LIVE UPDATES]

  • Amit Shah: There has been an almost 20% decline each in the population of religious minorities in both Pakistan and present-day Bangladesh. Either they were killed or they fled to India for shelter [ANI]
  • Shah says, CAB was in their manifesto and it is their duty to bring it in the House for discussion.
  • No Muslim in India needs to worry due to this Bill. Don’t get scared if someone tries to scare you. — Home Minister
  • Anand Sharma speaks on the Bill in opposition
  • Sharma: It fails the morality test, it is divisive and discriminatory
  • The bill that you have brought is an assault on the very foundation of the Indian constitution, it is an assault on the Republic of India. It hurts the soul of India, Says Sharma [ANI]
  • JP Nadda speaking in favour of Citizenship Bill
  • This Bill is in national interest: Nadda
  • Derek O Brien: I read that PM said this will be written in golden letters. I will tell you where it will be written, it will be written on the grave of the father of the nation, but which father of the nation? In Karachi, on Jinnah’s grave [ANI]
  • RCP Singh, JDU in Rajya Sabha: We support this bill. The bill is very clear, it gives citizenship to persecuted minorities from three of our neigbouring countries, but here debate is being done on our Indian Muslim brothers.[ANI]
  • P. Chidambaram speaks on the Bill.
  • Chidambaram: Ultimately the non-elected people i.e. the lawyers, judges will be deciding on the Bill and it is a question on the Parliament.
  • Chidambaram: This government is ramming through this Bill to advance its Hindutva agenda. This is a sad day. I am absolutely clear that this law will be struck off. [ANI]
  • Sanjay Raut of Shiv Sena speaks on the Bill. “We don’t need to prove our nationalism”
  • Satish Chandra Mishra of BSP Speaks in opposition to the Bill.
  • Praful Patel of NCP is now speaking.
  • Bill is being passed in a hurry -Praful Patel
  • Kapil Sibal speaks on the Bill.
  • Sibal: I request you Home Minister “rise above the politics!”
  • Sibal: They are targeting a community without naming it
  • This Bill is not tenable-Sibal
  • Those who have no idea of India cannot protect the idea of India -Kapil Sibal
  • Sanjay Singh of AAP Party opposes the Bill.
  • D Kupendra Reddy, JD(S): This Bill will be dilution of our secularism policy in this country. I strongly oppose this Bill. I recommend that the Bill be sent to a select committee of Parliament for scrutiny.[ANI]
  • Home Minister: Neither CAB is anti-Muslim, nor abrogation of Article 370 is anti-Muslim, Triple Talaq Bill is not anti-Muslim either. Triple Talaq is the Bill to give rights to crores of Muslim women in the country. [ANI]
  • CAB won’t hurt the citizenship of the Muslims.
  • CAB won’t be referred to Select Committee
Hot Off The PressNews

Following are the Bills that have received President’s assent in this week of the Parliament Sessions:

  • The Chit Funds (Amendment) Act, 2019
  • The Jallianwala Bagh National Memorial (Amendment) Act, 2019
  • The Transgender Persons (Protection of Rights) Act, 2019
  • The Prohibition of Electronic Cigarettes (Production, Manufacture, Import, Export, Transport, Sale, Distribution, Storage and Advertisement) Act, 2019

Read the process of how a Bill becomes an Act below:

The basic function of Parliament is to make laws. All legislative proposals have to be brought in the form of Bills before Parliament. A Bill is a statute in draft and cannot become law unless it has received the approval of both the Houses of Parliament and the assent of the President of India.

The process of law making begins with the introduction of a Bill in either House of Parliament. A Bill can be introduced either by a Minister or a member other than a Minister. In the former case, it is called a Government Bill and in the latter case, it is known as a Private Member’s Bill.

A Bill undergoes three readings in each House, i.e., the Lok Sabha and the Rajya Sabha, before it is submitted to the President for assent.

First Reading

The First Reading refers to (i) motion for leave to introduce a Bill in the House on the adoption of which the Bill is introduced; or(ii) in the case of a Bill originated in and passed by the other House, the laying on the Table of the House of the Bill, as passed by the other House.

Second Reading

The Second Reading consists of two stages.The “First Stage” constitutes discussion on the principles of the Bill and its provisions generally on any of the following motions – that the Bill be taken into consideration; or that the Bill be referred to a Select Committee of the House; or that the Bill be referred to a Joint Committee of the Houses with the concurrence of the other House; or that the Bill be circulated for the purpose of eliciting opinion thereon. The “Second Stage” constitutes the clause by clause consideration of the Bill, as introduced in the House or as reported by a Select or Joint Committee, as the case may be.

In the case of a Bill passed by Rajya Sabha and transmitted to Lok Sabha, it is first laid on the Table of Lok Sabha by the Secretary-General, Lok Sabha. In this case the Second Reading refers to the motion (i) that the Bill, as passed by Rajya Sabha, be taken into consideration; or (ii) that the Bill be referred to a Select Committee (if the Bill has not already been referred to a Joint Committee of the Houses).

Third Reading

The Third Reading refers to the discussion on the motion that the Bill or the Bill, as amended, be passed.

Almost similar procedure is followed in Rajya Sabha in respect of Bills introduced in that House.

After a Bill has been finally passed by the Houses of Parliament, it is submitted to the President for his assent. After a Bill has received the assent of the President, it becomes the law of the land.

Reference of Bills to Departmentally Related Standing Committees

The year 1993 ushered in a new era in the history of Indian Parliament when 17 Departmentally Related Standing Committees were constituted. The number of Standing Committees has now been increased from 17 to 24. While 8 Committees work under the direction of the Chairman, Rajya Sabha, 16 Committees work under the direction of the Speaker, Lok Sabha.

One of the important functions of these Committees is to examine such Bills introduced in either House as are referred to them by the Chairman, Rajya Sabha or the Speaker, Lok Sabha, as the case may be, and make report thereon.

The reports of the Standing Committees have persuasive value. In case the Government accepts any of the recommendations of the Committee, it may bring forward official amendments at the consideration stage of the Bill or may withdraw the Bill reported by the Standing Committee and bring forward a new Bill after incorporating the recommendations of the Standing Committee.

BILLS BEFORE A SELECT OR JOINT COMMITTEE

If a Bill is referred to a Select or a Joint Committee, it considers the Bill clause-by-clause just as the House does. Amendments can be moved to the various clauses by the members of the Committee. After the report of the Select or Joint Committee has been presented to the House, the member-in-charge of the Bill usually moves the motion for consideration of the Bill, as reported by the Select or Joint Committee, as the case may be.

A Money Bill or a Financial Bill containing any of the provisions calculated to make a Bill a Money Bill, however, cannot be referred to a Joint Committee of the Houses.

RESTRICTION ON INTRODUCTION OF CERTAIN CATEGORIES OF BILLS IN RAJYA SABHA

A Bill may be introduced in either House of Parliament. However,a Money Bill can not be introduced in Rajya Sabha.It can only be introduced in Lok Sabha with prior recommendation of the President for introduction in Lok Sabha. If any question arises whether a Bill is a Money Bill or not, the decision of the Speaker thereon is final.

Rajya Sabha is required to return a Money Bill passed and transmitted by Lok Sabha within a period of 14 days from the date of its receipt. Rajya Sabha may return a Money Bill transmitted to it with or without recommendations. It is open to Lok Sabha to accept or reject all or any of the recommendations of Rajya Sabha.

However, if Rajya Sabha does not return a Money Bill within the prescribed period of 14 days, the Bill is deemed to havebeen passed by both Houses of Parliament at the expiry of the said period of 14 days in the form in which it was passed by Lok Sabha.

Like Money Bills, Bills which, inter alia, contain provisions for any of the matters attracting sub-clauses (a) to (f) of clause (1) of article 110 can also not be introduced in Rajya Sabha. They can be introduced only in Lok Sabha on the recommendation of the President. However, other restrictions in regard to Money Bills do not apply to such Bills.

CONSTITUTION AMENDMENT BILLS

The Constitution vests in Parliament the power to amend the Constitution. Constitution Amendment Bills can be introduced in eitherHouse of Parliament. While motions for introduction of Constitution Amendment Bills are adopted by simple majority , a majority of the total membership of the House and a majority of not less than two-thirds of the members present and voting is required for adoption of effective clauses and motions for consideration and passing of these Bills. Constitution Amendment Bills affecting vital issues as enlisted in the proviso to article 368(2) of the Constitution after having been passed by the Houses of Parliament, have also to be ratified by not less than one half of the State Legislatures.

JOINT SITTING

Article 108(1) of the Constitution provides that when a Bill (other than a Money Bill or a Bill seeking to amend the Constitution) passed by one House is rejected by the other House or the Houses have finally disagreed as to the amendments made in the Bill or more than six months lapse from the date of the receipt of the Bill by the other House without the Bill being passed by it, the President may, unless the Bill has lapsed by reason of dissolution of Lok Sabha, notify to the Houses by message, if they are sitting, or by public notification, if they are not sitting, his intention to summon them to meet in a Joint Sitting.

The President has made the Houses of Parliament (Joint Sittings and Communications) Rules in terms of clause (3) of article 118 of the Constitution to regulate the procedure with respect to Joint Sitting of Houses.

So far, there have been three occasions when Bills were considered and passed in a Joint Sitting of the Houses of Parliament.

ASSENT TO BILLS

After a Bill has been passed by both the Houses of Parliament, it is presented to the President for his assent. The President mayeither assent to the Bill, withhold his assent, or return the Bill, if it is not a Money Bill, with a message for reconsideration of the Bill, or any specified provisions thereof, or for considering the desirability of introducing any such amendments as he may recommend in his message.

The President may either give or withhold his assent to a Money Bill. A Money Bill can not be returned to the House by the President for reconsideration. Also, the President is bound to give hisassent to Constitution Amendment Bill passed by Parliament by the prescribed special majority and, where necessary, ratified by the requisite number of State Legislatures.

Hot Off The PressNews

The applicants of all Intellectual Property Rights (IPRs) can directly file a Special Leave Petition (SLP) before the Hon’ble Supreme Court against any order of Intellectual Property Appellate Board (IPAB). They can also prefer a writ petition before the High Court against orders of IPAB and IP offices by invoking Article 226 of the Constitution of India and then file SLP before the Supreme Court.

Ministry of Law & Justice only vets the amendments proposed by the concerned Ministry or Department. As provisions for filing SLP directly against orders of IPAB and also against writ petitions disposed of by High Court with respect to orders of IPAB and IP offices are in place and there is no proposal under consideration for such amendment by Department for Promotion of Industry and Internal Trade (DPIIT).

This information was given by the Minister of Commerce and Industry, Piyush Goyal, in a written reply in the Rajya Sabha today.

Hot Off The PressNews

The Ministry of Social Justice and Empowerment introduced a Bill titled “The Transgender Persons (Protection of Rights) Bill, 2019” in the Lok Sabha In order to provide for the protection of rights of transgender persons and their welfare.

The Bill was passed by the Lok Sabha on 05.08.2019 and by the Rajya Sabha on 26.11.2019.

The Ministry had released Rs. 1.00 Crore to National Backward Classes Finance and Development Corporation (NBCFDC) for conducting skill development training programme for the members of Transgender Community during the financial year 2018-19. At present, there is no reservation for Transgender persons in public sector employment.

This information was given by Minister of State for Social Justice and Empowerment Shri Rattan Lal Kataria in a written reply in Rajya Sabha today.


Ministry of Social Justice & Empowerment

[Source: PIB]

[Press Release dt. 04-12-2019]

Cabinet DecisionsLegislation Updates

As per the reports of ANI, the Citizenship Amendment Bill, 2019 has been approved by the Union Cabinet.

It is said that it will be introduced in the Winter Session of Parliament.

Provisions that would be introduced for further discussion in the Parliament and have been incorporated in the bill are as follows:

  • In the Citizenship Act, 1955 (hereinafter referred to as the principal Act), in section 2, in sub-section (1), after clause (b), the following provisos shall be inserted, namely:—

“Provided that persons belonging to minority communities, namely, Hindus, Sikhs, Buddhists, Jains, Parsis and Christians from Afghanistan, Bangladesh and Pakistan, who have been exempted by the Central Government by or under clause (c) of sub- section (2) of section 3 of the Passport (Entry into India) Act, 1920 or from the application of the provisions of the Foreigners Act, 1946 or any order made thereunder, shall not be treated as illegal migrants for the purposes of that Act:

Provided further that on and from the date of commencement of the Citizenship (Amendment) Act, 2019, any proceeding pending against any person referred to in the first proviso shall be abated and such person shall be eligible to apply for naturalisation under Section 6.”

  • In the principal Act, in section 7D,—

(i) after clause (d), the following clause shall be inserted namely:—

“(da) the Overseas Citizen of India Cardholder has violated any of the provisions of this Act or provisions of any other law for the time being in force as may be specified by the Central Government by notification published in the Official Gazette; or”;

(ii) after clause (f), the following proviso shall be inserted, namely:—

“Provided that no order under this section shall be passed unless the Overseas Citizen of India Cardholder has been given a reasonable opportunity of being heard.”

  • In the principal Act, in the Third Schedule, in clause (d), the following proviso shall be inserted, namely:—

“Provided that for the persons belonging to minority communities, namely, Hindus, Sikhs, Buddhists, Jains, Parsis and Christians from Afghanistan, Bangladesh and Pakistan, the aggregate period of residence or service of a Government in India as required under this clause shall be read as “not less than six years” in place of “not less than eleven years”.

Legislation UpdatesStatutes/Bills/Ordinances

Rajya Sabha clears passage for the SPG Amendment Bill, 2019 today.

Special Protection Group (Amendment) Bill, 2019 is a bill introduced further to amend the Special Protection Group Act, 1988.

Amendment of Section 4

2. In section 4 of the Special Protection Group Act, 1988,—

(i) for sub-section (1), the following sub-section shall be substituted, namely:—

“(1) There shall be an armed force of the Union called the Special Protection Group for providing proximate security to,—

(a) the Prime Minister and members of his immediate family residing with him at his official residence; and

(b) any former Prime Minister and such members of his immediate family as are residing with him at the residence allotted to him, for a period of five years from the date he ceases to hold the office of Prime Minister.”;

(ii) in sub-section (1A), for clause (b), the following clause shall be substituted, namely:—

“(b) where the proximate security is withdrawn from a former Prime Minister, such proximate security shall also stand withdrawn from members of immediate family of such former Prime Minister.”

 

Hot Off The PressNews

Minister of Law and Justice, Ravi Shankar Prasad made a statement with respect to the “Reported Use of Spyware Pegasus to Compromise Phone Data of Some Persons through WhatsApp” as raised by the Minister of Parliament Digvijay Singh.

On 31-10-2019, there was news in Indian media reporting breach of data of few Indians via WhatsApp through spyware named Pegasus developed and marketed by an Israel based company namely NSO. The news also reported about a lawsuit filed by WhatsApp on 31-10-2019 in a Court at California, USA alleging that the Israeli NSO Group had targeted some 1,400 WhatsApp users globally with this spyware and had violated US and California laws as well as WhatsApp’s terms-of-service. The news report conveyed that more than 100 persons in India might have been affected by this Spyware. It has also been alleged by WhatsApp in their submission filed before the Court that the NSO Group has sold Pegasus spyware to government and private agencies.

In this matter, Ministry of Electronics & Information Technology (MeitY) took cognizance of the news reports and sought a report from the WhatsApp through an email sent to them on 1st November and seeking WhatsApp response by 4th November. WhatsApp sent a mail on 2nd November 2019 communicating the aspects relating to the exploitation of a vulnerability in their platform by spyware called Pegasus, developed by Israeli agency named NSO. As per WhatsApp, they had communicated this vulnerability to CERT-In on 20-05-2019 after it was detected and fixed in mid-May 2019.

As per WhatsApp, Pegasus was designed to be installed remotely on mobile devices using the Android, iOS, and BlackBerry operating systems. The NSO/Pegasus exploited vulnerabilities in operating systems and applications and used other malware delivery methods, like spear-phishing messages containing links to malicious code. According to media reports Pegasus could be surreptitiously installed on a victim’s phone without the victim taking any action.

“The Supreme Court has upheld privacy as a fundamental right. But the Supreme Court has also stated that a terrorist has no right to privacy; and the Supreme Court in the same judgment has also stated that a corrupt person has no right to privacy. Therefore, that is our Government’s commitment to the freedom of speech and expression on social media. Technology has brought empowerment. We need to understand that. But while technology creates opportunity, technology also creates challenges, and this privacy was the first challenge which the Supreme Court has already held. But, one thing we all need to understand. We all work under the overarching system of our Constitution where fundamental right freedoms are there, but, it is also subject to reasonable restrictions. Article 19(2) to (6) clearly says that in the interest of sovereignty and integrity of India, public order, friendly relations with foreign country, these can be reasonably controlled”.

“It is a coincidence that when the Government of India is pressing for traceability of offensive messages, America, Australia and England are joining that battle. Then suddenly a case is filed. We have not been given any name till date. We have given notice to CERT-In and sent a notice to them again. They have expressed their regret. We have said that we will audit your entire processes. We have also sent a notice to the NSO. A fight is going on in the US between The NSO and Whats App. It is their private battle where coincidentally names have come, including some of Indians.

The I.T. Act has a provision in which anyone can complain if he wants. Which has a fine of five lakh and a provision of three years’ imprisonment. Not even a single FIR has been filed till date. No complaint is made in the IT Ministry till date by anyone. But suddenly we find that the names come in the media and thereafter it becomes a political issue.

WhatsApp has not given us 121 names yet. Our view is very clear that whoever has a complaint, should file a case. The Government of India will help in that inquiry. But Government should not be involved into any phishing inquiry.


Rajya Sabha

Legislation UpdatesStatutes/Bills/Ordinances

Rajya Sabha passes the Chit Fund (Amendment) Bill, 2019.

The said bill was passed by Lok Sabha on 20-11-2019.

Purpose of the Bill:

In order to facilitate orderly growth of the chit fund sector, to remove bottlenecks being faced by the chit fund industry and to enable greater financial access to people, the Chit Funds (Amendment) Bill, 2019, inter alia, proposes the following, namely:—

(a) insertion of the words “fraternity fund”, “Rotating Savings and Credit Institution” in clause (b) of Section 2 which defines “chit” and also in Section 11, to signify its inherent nature and distinguish its working from “prize chits” which are banned under a separate legislation;

(b) to substitute the expressions “gross chit amount”, “share of discount” and “net chit amount” for the expressions “chit amount”, “dividend” and “prize amount” respectively in the Act, in order to remove confusion with respect to illegal prize chits;

(c) to revise the prescribed ceiling of aggregate chit amount from rupees one lakh to rupees three lakhs for individuals and from rupees six lakhs to rupees eighteen lakhs for firms, which have not been revised since 2001;

(d) to allow the mandatory presence of two subscribers, as required under sub-section (2) of Section 16, either in person or through video conferencing duly recorded by the foreman;

(e) where the presence of the mandatory two subscribers is through video conferencing, the minutes of the proceedings to be signed by them within two days of the date of the draw;

(f) to increase the ceiling of foreman’s commission from five per cent. to seven per cent. under Section 21;

(g) to enable the foreman to have a right to lien against the credit balance in other non-prized chits;

(h) to amend clause (b) of Section 85, so as to confer power upon the State Government to specify the amount by notification, upto which any chit fund shall be exempted under the Act.

*Please follow the link to read the Bill — Chit Fund (Amendment) Bill, 2019

Hot Off The PressNews

List of Bills for the Winter Session:

Hot Off The PressNews

What does Zero Hour refer to?

The Zero Hour refers to the time immediately following the Question Hour in both the Houses of Parliament. During this hour, parliamentarians can raise matters of great importance without the mandatory ten days advance notice.

As reported by ANI,

“A discussion on air pollution and climate change is expected to take place in the Lok Sabha on Tuesday afternoon on the second day of the Parliament’s winter session.”

The discussion assumes significance as Delhi and its adjoining regions have been battling severe pollution levels in the last few days mainly due to stubble burning by farmers in Haryana and Punjab. Air quality in the national capital deteriorates every winter owing to incidents of farm fires in the two states.


[Source: ANI]


Hot Off The PressNews

The Winter Session of Parliament begins today, following are the key bills that are likely to be taken up for discussion:

  • Citizenship Amendment Bill
  • Companies (Second Amendment) Bill
  • Competition (Amendment) Bill
  • Personal Data Protection Bill
  • National River Ganga (Rejuvenation, Protection and Management) Bill
  • The Multi-State Cooperative Societies (Amendment) Bill
  • The Insolvency and Bankruptcy (Second Amendment) Bill, 2019

Two ordinances which were cleared by the Union Cabinet – one reducing corporate tax rates for new and domestic manufacturing companies to arrest a slowdown in the economy and boost growth, and the other banning sale, manufacture and storage of e-cigarettes in India – are also likely to be tabled in the Winter Session of the Parliament.

About 50 bills are scheduled to be presented in the parliament and it will continue till 13-12-2019.

Prime Minister Modi said the Winter session will be the last session of Parliament in 2019 and a very significant one.

“This is the 250th session of the Rajya Sabha. During this session on November 26, there is Constitution Day, when our Constitution completes 70 years. The Constitution inculcates the unity, integrity, diversity and beauty of the country and is a driving force for the country.”

Rajya Sabha Chairman Shri M.Venkaiah Naidu sharing the remarkable journey of the house said that, from passing the Hindu Marriage and Divorce Bill in 1952 to the Muslim Women (Protection of Rights on Marriage) Bill in 2019 (Triple Talak Bill), from imposition of additional excise duty on dhotis in 1953 to introduction of Goods and Services Tax in 2017, from passing the Industrial Disputes (Amendment) Bill in 1954 to the New Delhi International Arbitration Bill in 2019, from the passage of the Andhra State Bill in 1953 to the Jammu and Kashmir Reorganisation Bill in 2019, from clearing  the All India Institution of Medical Sciences Bill in 1955 to the National Medical Council Bill in 2019, from setting up of the University Grants Commission in 1954 to empowering the children with the Right to Free and Compulsory Education in 2009 and from passing the Preventive Detention (Second Amendment) Bill in 1952 to the Unlawful Activities (Prevention) Amendment Bill in 2019, Rajya Sabha has come a long way in addressing the challenges faced and meeting the requirements of the nation from time to time.

Hot Off The PressNews

The First Session of the Parliament after the 2019 General Elections, the most productive session in the longest time was conducted. In total 30 Bills have been passed this session in 35 sittings.

Bills passed by both the houses of the Parliament are listed below:

  1. The Special Economic Zones (Amendment) Bill, 2019
  2. The Jammu and Kashmir Reservation (Amendment) Bill, 2019
  3. The Homoeopathy Central Council (Amendment) Bill, 2019
  4. The Central Educational Institutions (Reservation in Teachers’ Cadre) Bill, 2019
  5. The Indian Medical Council (Amendment) Bill, 2019
  6. The Dentists (Amendment) Bill, 2019
  7. The Aadhar and Other Laws (Amendment) Bill, 2019
  8. The Central Universities (Amendment) Bill, 2019
  9. The National Investigation Agency (Amendment) Bill, 2019
  10. The New Delhi International Arbitration Centre Bill, 2019
  11. The Appropriation (No. 2) Bill, 2019
  12. The Finance (No. 2) Bill, 2019
  13. The Protection of Human Rights (Amendment) Bill, 2019
  14. The Right to Information (Amendment) Bill, 2019
  15. The Banning of Unregulated Deposit Schemes Bill, 2019
  16. The Muslim Women (Protection of Rights on Marriage) Bill, 2019
  17. The Companies (Amendment) Bill, 2019
  18. The Insolvency and Bankruptcy Code (Amendment) Bill, 2019
  19. The Arbitration and Conciliation (Amendment) Bill, 2019
  20. The Protection of Children from Sexual Offences (Amendment) Bill, 2019
  21. The Unlawful Activities (Prevention) Amendment Bill, 2019
  22. The Codes on Wages, 2019
  23. The Repealing and Amending Bill, 2019
  24. The Airport Economic Regulatory Authority of India (Amendment) Bill, 2019
  25. The Motor Vehicles (Amendment) Bill, 2019
  26. The National Medical Commission Bill, 2019
  27. The Consumer Protection Bill, 2019
  28. The Public Premises (Eviction of Unauthorised Occupants) Amendment Bill, 2019
  29. The Jammu and Kashmir Reorganisation Bill, 2019.
  30. The Supreme Court (Number of Judges) Amendment Bill, 2019

Legislations relating to almost all walks of socio and economic activities have been passed. 30 Bills have been passed by both the Houses of Parliament in this Session which is a record in single first/effective Session after the constitution of new Lok Sabha.

Most important business transacted during this Session is the abrogation of certain provisions from Article 370 and Presidential Orders thereunder.  This will ensure equal opportunities to all sections of Society in Jammu & Kashmir particularly with the restoration of applicability of the provisions of the Constitution of India and all socio-economic legislations thereby ensuring rule of law and equity.  Further, for ensuring better administration and for curbing terrorism, the State of Jammu & Kashmir has been reorganized with the formation of two Union Territories – Jammu &Kashmir and Ladakh. 

Legislation UpdatesStatutes/Bills/Ordinances

Jammu and Kashmir Reservation (Second Amendment) Bill, 2019 has been introduced in the Rajya Sabha today, which will amend the Jammu and Kashmir Reservation Act, 2004.

Following is the objective of the same as stated in the bill:

The Jammu and Kashmir Reservation Act, 2004 (the Act) was enacted with a view to provide for reservation in appointment and admission in Professional Institutions, for the members of the Scheduled Castes, the Scheduled Tribes and other socially and educationally backward classes.

2. The Jammu and Kashmir Reservation Rules, 2005 made under the Act provide for the manner of reservation to the Scheduled Castes, the Scheduled Tribes and socially and educationally backward classes. The expression “socially and educationally backward classes” includes the residents of backward areas, Actual Line of Control, International Border and social castes.

3. Vide the Constitution (One Hundred and Third Amendment) Act, 2019 (the Constitution Act, 2019) the Government of India has extended ten per cent. reservation to the persons belonging to economically weaker sections in matters of admission to educational institutions and public employment. Subsequently, to extend the provisions of the Constitution Act, 2019 to the State of Jammu and Kashmir, the President issued the Constitution (Application to Jammu and Kashmir) Amendment Order, 2019 on the 1st day of March, 2019.

4. In order to implement the provisions of the Constitution Act, 2019 in the State of Jammu and Kashmir, it has become necessary to amend certain provisions of the Jammu and Kashmir Reservation Act, 2004. Accordingly, the Jammu and Kashmir Reservation (Second Amendment) Bill, 2019, inter alia, provides for the following, namely:—

(i) to amend Section 2 of the Act, so as to define the “economically weaker sections” to mean such categories as may be notified by the Government from time to time, on the basis of family income and other indicators of economic disadvantage,
other than the classes or categories defined in clauses (m), (n) and (o) of the said section;

(ii) to amend sub-section (1) of Section 3 of the Act so as to insert the clause relating to economically weaker sections and to provide that the reservation to economically weaker sections shall be subject to a maximum of ten per cent. of the posts in each category; and

(iii) to amend sub-section (1) of Section 9 of the Act so as to insert the clause relating to economically weaker sections and to provide that the reservation to economically weaker sections shall be subject to a maximum of ten percent. of the seats in each category

The amendments to take place in accordance with this bill will be under Sections 2, 3 and 9.

*Please read the bill here: Jammu and Kashmir Reservation (Second Amendment) Bill, 2019


Rajya Sabha

Bill No. XXVIII of 2019

Legislation UpdatesStatutes/Bills/Ordinances

Motor Vehicles (Amendment) Bill, 2019 has been passed by Rajya Sabha, dated 31-07-2019.

The amendments in the Bill mainly focus on issues relating to improving road safety, citizens’ facilitation while dealing with the transport department, strengthening rural transport, last mile connectivity and public transport, automation and computerization and enabling online services.

Some of the important areas of the amendment are as follows:

Road Safety

In the area of road safety, the Bill proposes to increase penalties to act as a deterrent against traffic violations.  Stricter provisions are being proposed in respect of offences like juvenile driving, drunken driving, driving without licence, dangerous driving, over-speeding, overloading, etc. Stricter provisions for helmets have been introduced along with provisions for electronic detection of violations.  Penalty regarding motor vehicles is to be increased by 10 % every year.

Proposed Amendments in Various Penalties under Motor Vehicles (Amendment) Bill – 2019

Section Old Provision / Penalty New Proposed Provision / Minimum Penalties
177 General Rs 100 Rs 500
New 177A Rules of road regulation violation Rs 100 Rs 500
178 Travel without ticket RS 200 Rs 500
179 Disobedience of orders of authorities Rs 500 Rs 2000
180 Unautorized use of vehicles without licence Rs 1000 Rs 5000
181 Driving without licence Rs 500 Rs 5000
182 Driving despite disqualification Rs 500 Rs 10,000
182 B Oversize vehicles New Rs 5000
183 Over speeding Rs 400 Rs 1000 for LMV

Rs 2000 for Medium passenger vehicle

184 Dangerous driving penalty Rs 1000 Upto Rs 5000
185 Drunken driving Rs 2000 Rs 10,000
189 Speeding / Racing Rs 500 Rs 5,000
192 A Vehicle without permit upto Rs 5000 Upto Rs 10,000
193 Aggregators (violations of licencing conditions) New Rs 25,000 to

Rs 1,00,000

194 Overloading Rs 2000 and

Rs 1000 per extra tonne

Rs 20,000 and

Rs 2000 per extra tonne

194 A Overloading of passengers Rs 1000 per extra passenger
194 B Seat belt Rs 100 Rs 1000
194 C Overloading of two wheelers Rs 100 Rs 2000, Disqualification for 3 months for licence
194 D Helmets Rs 100 Rs 1000 Disqualification for 3 months for licence
194 E Not providing way for emergency vehicles New Rs 10,000
196 Driving Without Insurance RS 1000 Rs 2000
199 Offences by Juveniles New Guardian / owner shall be deemed to be guilty. Rs 25,000 with 3 yrs imprisonment. For Juvenile to be tried under JJ Act. Registration of Motor Vehicle to be cancelled
206 Power of Officers to impound documents Suspension of driving licenses u/s 183, 184, 185, 189, 190, 194C, 194D, 194E
210 B Offences committed by enforcing authorities Twice the penalty under the relevant section

Vehicle Fitness

Bill mandates automated fitness testing for vehicles. The testing agencies issuing automobile approvals have been brought under the ambit of the Act and standards will be set for motor vehicle testing institutes. The Bill also provides for a compulsory recall of defective vehicles and power to examine irregularities of vehicle companies.

Recall of Vehicles

The Bill allows the central government to order for recall of motor vehicles if a defect in the vehicle may cause damage to the environment, or the driver, or other road users. The manufacturer of the recalled vehicle will be required to: (i) reimburse the buyers for the full cost of the vehicle, or (ii) replace the defective vehicle with another vehicle with similar or better specifications.

Road Safety Board

Bill provides for a National Road Safety Board, to be created by the central government through a notification. The Board will advise the central and state governments on all aspects of road safety and traffic management including standards of motor vehicles,  registration and licensing of vehicles,  standards for road safety, and promotion of new vehicle technology.

Protection of Good Samaritan

To help road accident victims, Good Samaritan guidelines have been incorporated in the Bill.  The Bill defines a Good Samaritan as a person who renders emergency medical or non-medical assistance to a victim at the scene of an accident, and provides rules to prevent harassment of such a person.

Cashless Treatment during Golden Hour

The Bill provides for a scheme for cashless treatment of road accident victims during golden hour.

Third-Party Insurance

The Bill has included the driver’s attendant in 3rd Party insurance. re will be no cap on liability of insurers. There will be a 10-time increase in insurance compensation, from Rs 50, 000 to Rs 5 lakh. Claim process has been simplified. Insurance firms have to pay claims within a month if the victim’s family agree to accept Rs 5 lakh compensation. The Bill also increases the minimum compensation for hit and run cases from Rs 25,000 to two lakh rupees in case of death, and from Rs 12,500 to Rs 50,000 in case of grievous injury.

Motor Vehicle Accident Fund

Bill requires the central government to constitute a Motor Vehicle Accident Fund, to provide compulsory insurance cover to all road users in India. It will be utilised for:  treatment of persons injured in road accidents as per the golden hour scheme,  compensation to representatives of a person who died in a hit and run accident,  compensation to a person grievously hurt in a hit and run accident, and  compensation to any other persons as prescribed by the central government.

Improving Services using e-Governance

Improving the delivery of services to the stakeholders using e-Governance is one of the major focuses of this Bill. This includes:

  • Provision for online driving licenses
  • Process of Vehicle Registration
  • Drivers Training

Reforms in the Transportation System

Development of an integrated Transport System will be possible from the National Transportation Policy. This will also enhance the powers of the State Governments, provide better last-mile connectivity, rural transport, etc.

Taxi aggregators

Bill defines aggregators as digital intermediaries or market places which can be used by passengers to connect with a driver for transportation purposes (taxi services). The Bill provides guidelines for Aggregators. At present, there are no rules in many states for regulating aggregators, taxis, etc.

Reforms in Driving Licences

The vehicle owners may register their vehicle anywhere in the state and process of registration will be done by dealers. Differently abled persons will get facilities for registration of vehicles.

Reforms in the Transportation System

Development of an Integrated Transport System will be possible from the National Transportation Policy. This will also enhance the powers of the State Governments, provide better last mile connectivity, rural transport, etc. The Bill provides guidelines for Aggregators.


[Press Release dt. 31-07-2019]

Source: PIB

Amendments to existing lawsLegislation Updates

Parliament passed the Muslim Women (Protection of Rights on Marriage) Bill 2019, yesterday, i.e. 30-07-2019 and it would replace Muslim Women (Protection of Rights on Marriage) Second Ordinance, 2019.

The practice of instant divorce by Muslim men will be punishable by a jail term of up to three years.

This Bill will protect the rights of married Muslim women and prohibit divorce by pronouncing talaq by their husbands and to provide for matters connected therewith or incidental thereto.

Talaq to be void and illegal Section 3 Any pronouncement of talaq by a Muslim husband upon his wife, by words, either spoken or written or in electronic form or in any other manner whatsoever, shall be void and illegal.
Punishment for pronouncing talaq Section 4 Any Muslim husband who pronounces talaq referred to in section 3 upon his wife shall be punished with imprisonment for a term which may extend to three years, and shall also be liable to fine.
Subsistence allowance Section 5 A married Muslim woman upon whom talaq is pronounced shall be entitled to receive from her husband such amount of subsistence allowance, for her and dependent children, as may be determined by the Magistrate.
Custody of minor children Section 6 A married Muslim woman shall be entitled to custody of her minor children in the event of pronouncement of talaq by her husband, in such manner as may be determined by the Magistrate
Offence to be cognizable, compoundable, etc. Section 7
  • offence punishable under this Act shall be cognizable, if information relating to the commission of the offence is given to an officer in charge of a police station by the married Muslim woman upon whom talaq is pronounced or any person related to her by blood or marriage
  • offence punishable under this Act shall be compoundable, at the instance of the married Muslim woman upon whom talaq pronounced
  • no person accused of an offence punishable under this Act shall be released on bail unless the Magistrate, on an application filed by the accused and after hearing the married Muslim woman upon whom talaq is pronounced, is satisfied that there are reasonable grounds for granting bail

The Home Minister congratulated Muslim women by saying, “On the passage of this Bill, I congratulate the Muslim sisters across the country on getting rid of the Triple Talaq curse. This act will free Muslim women from the curse of this regressive practice


UPDATE: President gave assent to Muslim Women (Protection of Rights on Marriage) Act, 2019 on 31-07-2019.

*Please refer to the Act here: The Muslim Women (Protection of Rights on Marriage) Act, 2019


[Press Release dt. 31-07-2019]

Source: PIB

Legislation UpdatesStatutes/Bills/Ordinances

Right to Information (Amendment) Bill, 2019 was passed by the Rajya Sabha on 25-07-2019.

The Lok Sabha had passed the Right to Information (Amendment) Bill, 2019 on 22-07-2019.  In this amendment, it was proposed to amend the Right to Information Act, 2005 so as to provide that the term of office of, and the salaries, allowances and other terms and conditions of service of, the Chief Information Commissioner and Information Commissioners and the State Chief Information Commissioner and the State Information Commissioners, shall be such as may be prescribed by the Central Government.

Further, Speaking about the objective of bringing this amendment, the Minister of State for Ministry of Personnel, Public Grievances and Pension Jitendra Singh said that:

In regard to fixation of the tenure of Information Commissioners, it is never mentioned in the amendment that the Government will change it after every two years, as alleged by the Opposition. The Government will not have unbridled powers to amend the rules. The Minister said that the Government is open to the suggestions and the amendment is being done with a clean intention. On the issue of referring it to the Select Committee of the House, the Minister said that it is the prerogative of the members and it should be determined on the basis of the merit of the Bill.

CIC is a statutory body and Election Commission is a Constitutional body. Therefore, the mandate of Election Commission of India and Central and State Information Commissions are different and needed to be determined accordingly. He clarified that this amendment has been brought in without any motivation. This will help in streamlining the RTI.

The Bill was not referred to a Select Committee, with 117 members voting against referring the bill to a select committee, and 75 members voting for it.

The proposed amendments are as follows:

Amendment of :

Sections 13, 16 and 27.

Succinct of what changes would take place:

  • Provision of “5 years of the term of office” is to be replaced with “Central Government notifying the term of office” of both Chief Information Commissioner and the Information Commissioners.
  • The salaries and allowances payable to and other terms and conditions of service of the Chief Information Commissioner and the Information Commissioners shall be such as may be prescribed by the Central Government.
  • Salaries and allowances payable to and other terms and conditions of service of the State Chief Information Commissioner and the State Information Commissioners shall be such as may be prescribed by the Central Government.

*Please follow the link for detailed bill: Right to Information (Amendment) Bill, 2019


[Press Release dt. 25-07-2019]

Ministry of Personnel, Public Grievances & Pensions

[Source: PIB]

Legislation UpdatesStatutes/Bills/Ordinances

Rajya Sabha passed the Protection of Children from Sexual Offences (Amendment) Bill, 2019, yesterday, i.e. 24-07-2019 with a death penalty provision for committing sexual crimes against children.

As reported by All India Radio, “Bill provides that those who use a child for pornographic purposes should be punished with imprisonment up to five years and a fine. However, in the event of second or subsequent conviction, the punishment would be up to seven years and fine.

The Bill defines child pornography as any visual depiction of sexually explicit conduct involving a child including photographs, video, digital or computer-generated image indistinguishable from an actual child.

According to the amendment bill, those committing penetrative sexual assaults on a child below 16 years of age would be punished with imprisonment up to 20 years, which might extend to life imprisonment as well as fine.

In case of aggravated penetrative sexual assault, the bill increases the minimum punishment from ten years to 20 years, and the maximum punishment to death penalty.”


[Source: All India Radio]

Legislation UpdatesStatutes/Bills/Ordinances

Rajya Sabha passed the Protection of Human Rights (Amendment) Bill, 2019 unanimously on 22-07-2019.

Clarifying on the transparency of the selection process for the Chairperson and Members of the National Human Rights Commission (NHRC), Union Minister for Home Affairs Shri Amit Shah said that the selection committee was a diverse one, containing opposition leaders from  both the houses in addition to the Prime Minister; Union Home Minister; Speaker, Lok Sabha and Deputy Chairperson, Rajya Sabha.

The Protection of Human Rights Act, 1993 was enacted to provide for the constitution of a National Human Rights Commission (NHRC), the State Human Rights Commission (SHRC) and the Human Rights Courts for protection of human rights.

The NHRC has proposed certain amendments to the Act to address the concerns raised at certain global platforms. Besides this, certain State Governments have also proposed for amendment of the Act, as they have been facing difficulties in finding suitable candidates to the post of Chairperson of the respective State Commissions owing to the existing eligibility criteria to the said post.

The Protection of Human Rights (Amendment) Bill, 2019, inter alia, provides

  • that a person who has been a Judge of the Supreme Court is also made eligible to be appointed as Chairperson of the Commission in addition to the person who has been the Chief Justice of India;
  • to increase the Members of the Commission from two to three of which, one shall be a woman;
  • to include Chairperson of the National Commission for Backward Classes, Chairperson of the National Commission for Protection of Child Rights and the Chief Commissioner for Persons with Disabilities as deemed Members of the Commission;
  • to reduce the term of the Chairperson and Members of the Commission and the State Commissions from five to three years and shall be eligible for re-appointment;
  • to provide that a person who has been a Judge of a High Court is also made eligible to be appointed as Chairperson of the State Commission in addition to the person who has been the Chief Justice of the High Court; and,
  • to confer upon State Commissions, the functions relating to human rights being discharged by the Union territories, other than the Union territory of Delhi, which will be dealt with by the Commission.

[Press Release dt. 22-07-2019]

[Source: PIB]

Legislation UpdatesNotifications

Minister of Heavy Industries & Public Enterprises, Arvind Ganpat Sawant provided the following information in Rajya Sabha yesterday, i.e. 01-07-2019.

The Phase-II of FAME Scheme envisages support for setting up of adequate public charging infrastructure to instill confidence among Electrical Vehicles (EV) users, through active participation and involvement of various stakeholders including Government agencies, industries and Public Sector Enterprises (PSEs).

A budget provision of Rs. 1000 Crore for a period of 3 years [2019-20 to 2021-22] has been earmarked for setting up of charging infrastructure under Phase-II of FAME India Scheme. However, no fund for the establishment of charging infrastructure has been sanctioned under this phase of the scheme so far.


[Source: PIB]

Legislation UpdatesStatutes/Bills/Ordinances

The statutory resolution on extending President’s rule by another six months with effect from 03-07-2019 and Jammu and Kashmir Reservation (Amendment) Bill, 2019 was approved by Rajya Sabha today, i.e. 01-07-2019.

The reservation bill has been passed unanimously.

Home Minister Amit Shah tabled the Reservation Bill, which is set to benefit 435 villages along Samba, Kathua and Jammu.

J-K Governor Satypal Malik had on 21-11-2018 dissolved the 87-member assembly. On 20-12-2018 President’s rule was imposed.


This Act may be called the Jammu and Kashmir Reservation (Amendment) Act, 2019.

It shall be deemed to have come into force on the 1st day of March, 2019.

 In Section 2 of the Jammu and Kashmir Reservation Act, 2004 (hereinafter referred to as the principal Act), in clause (o),—

(a) for sub-clause (ii), the following sub-clause shall be substituted, namely:—

“(ii) the persons residing in the area adjoining Actual Line of Control and International Border; and”;

(b) in the second proviso, in clause (ix), in the proviso, for the words “Actual Line of Control”, the words “Actual Line of Control or International Border” shall be substituted.

In Section 3 of the principal Act, in sub-section (2), for the words “Line of Actual Control”, the words “Actual Line of Control or International Border” shall be substituted.

(1) The Jammu and Kashmir Reservation (Amendment) Ordinance, 2019 is hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under this Act.