Budget Session Of Parliament 2021: Highlights

The Budget Session of the Parliament concluded on March 25, 2021 after both the houses adjourned sine die, two weeks ahead of their schedule. The session began on February 29 and was scheduled to end on April 8, 2021 with a recess from February 16 to March 7. A total of 18 Government Bills were passed by the Lok Sabha in 24 sittings that lasted 132 hours. Whereas the Rajya Sabha passed 19 Bills that were discussed in a span of 34 hours. Productivity of the lower house was recorded at 114% and that of Rajya Sabha at 90%. Highlights of key legislative actions during the Budget session are given below: 1. GNCTD Amendment Bill To Enhance Powers Of Delhi Lieutenant Governor Amid massive furore and protest from the Opposition members, the Rajya Sabha passed the Government of National Capital Territory of Delhi (Amendment) Bill, 2021 on March 24. It was passed by the Lok Sabha on March 22. Rajya Sabha Deputy Chairman Harivansh Narayan Sigh declared the bill passed in a voice vote after a walkout by the opposition. Before the opposition walkout, the motion to consider the bill was passed with 83 'Ayes' and 45' Noes' and no abstentions. Following that, the opposition members walked out. The Bill seeks to enhance the powers of Lieutenant Governor of Delhi by declaring him to be the "Government of Delhi". It also provides that the opinion of the LG "shall be obtained" on all such matters as may be specified by the LG, before taking any executive action on decisions of the Council of Ministers of the Delhi Government. The Opposition members voiced that the Bill would subvert the elected Government of Delhi by vesting overriding powers in the LG, who works at the instructions of the Centre, and will affect cooperative federalism. They also opposed introduction of the proposed amendments by way of a simple Amendment Bill. It was stated that since Delhi has been conferred a special status under Article 239AA of the Constitution (Special provisions with respect to Delhi), any change in the powers of the Delhi Government should be brought by way of a Constitutional Amendment only. It was also alleged that the Bill is an attempt to circumvent the interpretation made by a Constitution Bench of the Supreme Court in the Delhi v. LG case, which held that the LG is an administrative head in the "limited sense" and that he is "bound by the aid and advise" of the Council of Ministers of Delhi Government, except in matters of land, police and public order. Click Here to read salient features. 2. Bill To Enable Automatic Stay On Arbitration Awards Induced By Fraud/ Corruption The Arbitration and Conciliation (Amendment) Bill, 2021 sought to amend the Arbitration and Conciliation Act, 1996 to: (i) enable automatic stay on awards if Court is prima facie satisfied that the relevant arbitration agreement or contract/ making of the award was induced by fraud or corruption (This shall be deemed effective from October 23, 2015); (ii) omit Schedule VIII of the Act and specify by regulations the qualifications, experience and norms for accreditation of arbitrators. The legislation is seen as an attempt to make India a hub of international commercial arbitration. Many members of the Parliament appreciated the initiative to omit Schedule VIII (that specifies certain qualifications, experience, and accreditation norms for arbitrators) as it will attract eminent international arbitrators to the country and help in promoting institutional arbitration in India. Some members however opposed the provision for automatic stay, remarking that it is a redundant amendment as Section 34(2)(b) of the Act already covers agreements induced by fraud/ corruption. Members also expressed apprehensions that the provision may be misused by the losing party to delay the litigation, by making false allegations of corruption/ fraud, thereby defeating the very purpose of alternate dispute redressal mechanism. The Bill was notified by the Centre on March 11. Click Here to read salient features. 3. Bill To Increase Upper Gestational Limit For Legal Abortions In India The Medical Termination of Pregnancy (Amendment) Bill, 2020 modifies Section 3 of the Medical Termination of Pregnancy Act to extend the upper limit for medical termination of pregnancy to 24 weeks, from the present stipulation of 20 weeks, for certain categories of women which will be defined in the MTP Rules. These categories will include 'vulnerable women' including rape victims. Opinion of one doctor will be required for termination of pregnancy up to 20 weeks; and opinion of two doctors will be required for termination of pregnancy of 20 to 24 weeks. Notably, upper gestation limit will not be applicable in cases where the termination of pregnancy is necessitated by the diagnosis of any of the substantial foetal abnormalities, diagnosed by a Medical Board. The Bill was...

Budget Session Of Parliament 2021: Highlights

Akshita Saxena

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