Winter Session of the Parliament: Snapshot of the Legislative Agenda

The winter session of the Indian Parliament begins today. The legislative agenda includes 19 Bills currently pending in Parliament for consideration and passage. 14 new Bills are proposed to be introduced. Out of these one will also be taken up for consideration and passing.Two Bills will be withdrawn. These are The Drugs and Cosmetics (Amendment) Bill, 2013 and The Atomic Energy (Amendment) Bill, 1992.The Bills listed for consideration and passing are:The Constitution (122nd Amendment) (GST) Bill, 2014The Bill was passed by Lok Sabha in May this year. It aims to tax both services and goods, with goods to be taxed by Centre and services to be taxed by States. GST will also subsume services tax, excise duties, stamp duties, entry tax and central sales tax.The Government had not faced any hurdles in getting the Bill passed as Congress staged a walk out and BJD and CPI (M) voted in favour of the Bill. Only AIADMK voted against the Bill with its 37 votes. The ease was dubbed as a ray of hope for its passage in the Upper House, where the Government does not enjoy majority. Being a Constitution Amendment Bill, it is required to be passed by both the houses with the 2/3rd majority.The Real Estate (Regulation and Development) BilI, 2013The Union Cabinet, chaired by the Prime Minister gave its approval to the Bill in April this year. The recommendations of the Standing Committee of Parliament on Urban Development and suggestions of various stakeholders (consumer organizations, industry associations, academia, experts etc.) were included after extensive consultations.The Bill establishes State level regulatory authorities called Real Estate Regulatory Authorities, to regulate transactions between buyers and promoters of residential real estate projects. For appeals from these Regulatory Authorities, it establishes state level tribunals called Real Estate Appellate Tribunals.Essential features of the Bill available here.The Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (Prevention and Control) Bill, 2014The Bill seeks to prevent and control the spread of HIV and AIDS, prohibits discrimination against persons with HIV and AIDS, provides for informed consent and confidentiality with regard to their treatment, places obligations on establishments to safeguard their rights, and creates mechanisms for redressing their complaints.It goes a step ahead to prohibit discrimination against HIV positive persons and those living with them. It proposes imprisonment and fine for those spreading hatred and discrimination against HIV patients. It recommends monetary fine up to Rs 10,000 and also two years of imprisonment for those found guilty of spreading hatred against people affected by HIV/AIDS. It also says that anti-retroviral therapy (ART) will be provided to all patients by the government as long as possible.The Mental Health Care Bill, 2013This Bill repeals the Mental Health Act, 1987, as the Act does not adequately protect the rights of persons with mental illness nor promote their access to mental health care.The Bill provides for the right to access mental healthcare and treatment from services run or funded by the government. The right to access mental health care includes affordable, good quality of and easy access to services. Persons with mental illness also have the right to equality of treatment, protection from inhuman and degrading treatment, free legal services, access to their medical records, and complain regarding deficiencies in provision of mental health care.The Electricity (Amendment) Bill, 2014The Bill amends the Electricity Act, 2003. It seeks to segregate the distribution network business and the electricity supply business, and introduce multiple supply licensees in the market.The Child Labour (Prohibition and Regulation) Amendment Bill, 2012In May this year, the Union Cabinet gave its approval to official amendments to the Child Labour (Prohibition & Regulation) Amendment Bill, 2012. The Bill seeks to amend the Child Labour (Prohibition and Regulation) Act, 1986, which prohibits employing children as labor in 18 occupations and 65 processes.The Bill adds a new category of persons called “adolescent”. An adolescent means a person between 14 and 18 years of age. The Bill prohibits employment of adolescents in hazardous occupations as specified (mines, inflammable substance and hazardous processes).You may read: Child Labour (Prohibition & Regulation) Amendment Bill, 2012: A Critique by Sourya BanerjeeThe High Court and the Supreme Court Judges (Salaries and Conditions of Service) Amendment Bill, 2015The Bill amends the High Court Judges (Salaries and Conditions of Service) Act, 1954 and Supreme Court Judges (Salaries and Conditions of Service) Act, 1958. The Union Cabinet had approved the proposal to amend the Act in August this year.It states that 10 years will be added from April 2004 to the service of a Judge, for the purpose of providing pension. This would be applicable to ...

Winter Session of the Parliament: Snapshot of the Legislative Agenda

Apoorva Mandhani

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