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Telecommunications Bill 2023 Introduced In Lok Sabha With Money Bill Classification
Awstika Das
18 Dec 2023 2:20 PM GMT
On the eleventh day of the Winter Session, the Telecommunications Bill, 2023 was introduced in the Lok Sabha on Monday (December 18), after President Droupadi Murmu recommended its introduction under Article 117(1) of the Constitution of India yesterday. This bill - tabled by IT Minister Ashwini Vaishnaw - aims to usher in comprehensive regulations for the telecommunications sector....
On the eleventh day of the Winter Session, the Telecommunications Bill, 2023 was introduced in the Lok Sabha on Monday (December 18), after President Droupadi Murmu recommended its introduction under Article 117(1) of the Constitution of India yesterday. This bill - tabled by IT Minister Ashwini Vaishnaw - aims to usher in comprehensive regulations for the telecommunications sector. However, concerns have been raised over what is being perceived as an attempt to categorise it as a money bill.
Article 117 of the Constitution contains a special provision for finance bills, which includes money bills. While all money bills are finance bills, all finance bills are not money bills. The prerequisite for a finance bill to become a money bill are that it must be introduced in the Lok Sabha on the president's recommendation. The role of the Rajya Sabha in a money bill's passage is also limited. While they are sent to the parliament's upper house for its recommendations, it cannot reject or amend a money bill. The introduction of the Telecommunications Bill has, therefore, triggered opposition, with lawmakers crying foul over an attempt to evade scrutiny in the Rajya Sabha and calling for its consideration as a regular bill.
Ritesh Pandey of the Bahujan Samaj Party (BSP) voiced his concerns during today's session, arguing against the bill's introduction under Article 117(1) of the Constitution. Pandey contended that categorising it as a money bill could undermine its examination in the Rajya Sabha, stressing the need for a more thorough evaluation of the legislation by a parliamentary committee.
The proposed legislation seeks to replace the outdated Indian Telegraph Act of 1885, the Indian Wireless Telegraphy Act of 1933, and the Telegraph Wires (Unlawful Possession) Act of 1950. Additionally, it introduces amendments to the Telecom Regulatory Authority of India (TRAI) Act, 1997. Key provisions of the bill include the requirement of prior authorisation from the central government for various telecommunication activities, such as providing services, establishing networks, or possessing radio equipment. Existing licenses will remain valid, and spectrum assignment will be conducted through auction, with specific exceptions for certain purposes like national security and public broadcasting services.
The bill grants the government powers of interception and search, allowing the interception, monitoring, or blocking of messages in the interest of public safety, emergencies, or specified grounds such as the security of the state. It also provides for the suspension of telecom services and the temporary possession of telecom infrastructure during public emergencies. Pointing to potential privacy infringements, Pandey opposed the bill's introduction also on the ground that it violated the Supreme Court's landmark ruling in KS Puttaswamy (2017), in which the right to privacy was recognised as a facet of the right to life under Article 21 of the Constitution.
The bill was introduced through a voice vote in the Lok Sabha on Monday afternoon.
