Parliament Winter Session 2023 Roundup

In a flurry of legislative activity, the Winter Session of Parliament, which convened on December 4 and concluded on December 21, saw the passage of several significant bills that will have far-reaching implications for the legal and regulatory landscape of the country. Here is a comprehensive recap of the key bills that received the nod from either the Lok Sabha, the Rajya Sabha, or both during this intense parliamentary session.The Advocates (Amendment) Bill, 2023:This legislative journey, commencing with its introduction in and approval by the Rajya Sabha during the Monsoon Session, culminated in approval by the Lower House during the Winter Session. Amending the Advocates Act, 1961, the bill primarily focuses on repealing sections related to touts under the antiquated Legal Practitioners Act, 1879. Under the 1879 act, a 'tout' was defined as someone who, in consideration of any remuneration from any legal practitioner, proposed to procure or procured the employment of a legal practitioner in any legal business, or frequented civil or criminal courts, revenue offices, railway stations, etc. for such procurement purposes. Although the Advocates Act, passed after Independence, repealed most of the preceding act, the provisions relating to the definition and powers to frame and publish lists of touts were left undisturbed. The amendment bill, which received the union legislature's imprimatur this parliamentary session, amends the Advocates Act to include a provision analogous to one contained in the 1879 act, enabling certain authorities, including high court and district judges, to frame and publish lists of touts, and exclude any person named in any such list from the court's premises. Additionally, anyone acting as a tout with their name included in such a list will also face imprisonment up to three months, a fine that may extend to five hundred rupees, or both. Safeguards have also been included in the form of an opportunity to show cause against such inclusion and an inquiry by a subordinate court if deemed necessary.Central Universities (Amendment) Bill, 2023:The Parliament passed the Central Universities (Amendment) Bill, 2023, marking a pivotal step towards establishing the 'Sammakka Sarakka Central Tribal University' in Telangana. Introduced in the Lok Sabha on December 4 and passed by the Lower House on December 7 and by the Upper House on December 13, the bill seeks to amend the Central Universities Act, 2009, which governs the establishment of central universities dedicated to teaching and research across various states. Key highlights of the amendment bill include the establishment of the 'Sammakka Sarakka Central Tribal University' in Telangana, with territorial jurisdiction extending to the state. The envisioned institution is poised to serve as a hub for higher education and research, with a specific focus on empowering the tribal communities of India. It is worth noting that the Andhra Pradesh Reorganisation Act, 2014, which carved out Telangana from Andhra Pradesh, mandates the central government to establish a tribal university in the newest Indian state.Post Office Bill, 2023:The Winter Session witnessed a transformative moment with the Parliament's passage of the Post Office Bill, 2023, which received the Rajya Sabha's approval on December 4 and the Lok Sabha's assent on December 18. This bill, which proposes to usher in a new era by replacing the archaic Indian Post Office Act of 1898, was passed amidst heated debates and concerns surrounding privacy and governmental powers.The post office bill, introduced in the Upper House during the Monsoon Session, proposes several structural changes. It replaces the antiquated Indian Post Office Act of 1898, which granted the central government exclusive privileges over conveying letters. The new legislation shifts the focus to a more citizen-centric service network, allowing India Post to provide services prescribed under Rules, with the Director General of Postal Services appointed to oversee operations. However, the bill has faced scrutiny for potential shortcomings. Apart from criticism over an alleged lack of procedural safeguards for mail interception, the absence of specified offences and penalties, particularly for unauthorised opening of postal articles, has also sparked concerns about privacy rightsJammu and Kashmir Reservation (Amendment) Bill, 2023, and Jammu and Kashmir Reorganisation (Amendment) Bill, 2023:The Parliament passed a number of crucial bills amending key laws in Jammu and Kashmir. The Jammu and Kashmir Reservation (Amendment) Bill, 2023, modifies the Jammu and Kashmir Reservation Act, 2004 by redefining weak and underprivileged classes. Simultaneously, the Jammu and Kashmir Reorganisation (Amendment) Bill, 2023, proposes substantive changes, including an increase in the total seats in the legislative assembly and empowering the lieutenant governor to nominate up to two members from the Kashmiri migrant community to the...

Parliament Winter Session 2023 Roundup

Awstika Das

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