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 Although the Advocates Act, passed after Independence, repealed most of the preceding act, the provisions relating to the definition and powers to frame and publish lists of touts were left undisturbed.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 rights

• Jammu 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 legislative assembly, with one nominee being a woman. Additionally, one member representing displaced persons from Pakistan-occupied Jammu and Kashmir may be nominated. Both these bills were passed by the Lok Sabha on December 6 and by the Rajya Sabha on December 11, navigating through the two houses despite vehement opposition, with the government stressing its commitment on ushering in a 'naya Kashmir.'

• Jammu and Kashmir Reorganisation (Second Amendment) Bill, 2023, Government of Union Territories (Amendment) Bill, 2023:
  

Another key bill affecting Jammu and Kashmir and passed by the Parliament in the Winter Session was The Jammu and Kashmir Reorganisation (Second Amendment) Bill, 2023, which focuses on gender representation in the legislative assembly. Two pivotal bills extending women's quota to Puducherry and Jammu and Kashmir assemblies received parliamentary approval this session, with the Lok Sabha passing them on December 12, and the Rajya Sabha on December 18. While Jammu and Kashmir Reorganisation (Second Amendment) Bill, 2023, extends one-third reservation for women in the Jammu and Kashmir legislative assembly, concurrently, the Government of Union Territories (Amendment) Bill, 2023, introduces the women's quota in the Puducherry legislative assembly.

• The Chief Election Commissioner and other Election Commissioners (Appointment Conditions of Service and Term of Office) Bill, 2023:

One of the pivotal moments of the Winter Session was the passing of the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill, 2023. The bill, introduced on August 10 and subsequently endorsed by the Rajya Sabha on December 12, received the Lok Sabha's nod on December 21. This legislation aims to regulate the appointment, conditions of service, and term of office for the Chief Election Commissioner (CEC) and other Election Commissioners (ECs), bringing about crucial changes in the process. This bill, seeking to replace the Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991, outlines the appointment procedure, salary, and removal criteria for the CEC and ECs. Notably, a selection panel, comprising the prime minister, union cabinet minister, and the leader of the opposition, would recommend candidates. 

Notably, the bill drops the Chief Justice of India from the selection committee. For more context, in March this year, a constitution bench of the Supreme Court had ruled that the election commissioners shall be selected by a committee comprising the prime minister, the leader of opposition, and the chief justice, till the parliament frames a law prescribing the selection process. The bench led by Justice KM Joseph passed the direction to ensure the independence of the election commissioners. Despite opposition concerns about the bill's impact on the election commission's independence, the government contended that it was a step towards fulfilling a constitutional mandate.

The bill was passed by the Parliament, amid the suspension of 141 opposition members.

• Repealing and Amending Bill, 2022:
  

Introduced on December 19, 2022, the Repealing and Amending Bill, 2022, sets out to annul 76 obsolete or redundant laws and correct a drafting error in the Factoring Regulation Act, 2011. The Lok Sabha passed the bill with amendments on July 27, 2023, and the Rajya Sabha followed suit on December 13 during the Winter Session. Union Minister for Law and Justice Arjun Ram Meghwal emphasised the government's commitment to ease of living and doing business and its focus on streamlining the legal framework by eliminating outdated statutes.

• The Central Goods and Services Tax (Second Amendment) Bill, 2023:
  

December 19 and 20 witnessed the passage of the Central Goods and Services Tax (Second Amendment) Bill, 2023, as the Lok Sabha and the Rajya Sabha successively approved the legislation. Introduced on December 13, the bill seeks to amend CGST Act, 2017 by modifying the qualifications and age limits for members of the GST Appellate Tribunal (GSTAT). Union Finance Minister Nirmala Sitharaman elucidated the need for the changes, citing discrepancies highlighted by the Chief Justice of India. The amended bill expands eligibility criteria, raising age limits for the president and members of the tribunal and including advocates with a standing of ten years at the Bar, to harmonise the CSGT Act with the Tribunal Reforms Act, 2021.

• The Provisional Collection of Taxes Bill 2023:

The Provisional Collection of Taxes Bill 2023, introduced on December 13, and passed on December 19 and 20 by the Lok Sabha and Rajya Sabha, respectively, empowers the government to provisionally levy customs and excise duties for 75 days. The measure aimed to provide immediate effect to changes announced in the Budget, preventing speculative activities until the Finance Bill's passage. Finance Minister Nirmala Sitharaman clarified the rationale behind the bill, citing the need to safeguard against potential disruptions and ensuring the smooth implementation of proposed changes.

• National Capital Territory of Delhi Laws (Special Provisions) Second (Amendment) Bill, 2023:
  

On December 19, the Parliament passed the National Capital Territory of Delhi Laws (Special Provisions) Second (Amendment) Bill, 2023. The bill, introduced on December 13, extended the validity of a central act addressing unauthorised colonies and slum relocation until December 31, 2026. Despite facing criticism for being a stopgap measure, the government argued that complexities in addressing unauthorised constructions necessitated the extension.

• The Telecommunications Bill, 2023:
  

Introduced on December 18 in the Lok Sabha, the Telecommunications Bill, 2023, attracted attention for proposing to introduce sweeping changes in the telecommunications sector. Concerns were raised over its categorisation as a money bill, limiting scrutiny in the Rajya Sabha, as well potential violation of privacy rights. IT Minister Ashwini Vaishnaw presented the bill, outlining provisions that replace outdated laws and introduce amendments to the Telecom Regulatory Authority of India (TRAI) Act, 1997. The bill was passed by the Lok Sabha on December 20 and by the Rajya Sabha on December 21.

• Press and Registration of Periodicals Bill, 2023:
  

During the Winter Session, the Lok Sabha passed the Press and Registration of Periodicals Bill, 2023, repealing the colonial-era Press and Registration of Books Act, 1867. The bill, already cleared by the Rajya Sabha in August, simplifies the process of title allotment and registration of periodicals through an online system, eliminating the need for physical interfaces. Information and Broadcasting Minister Anurag Singh Thakur highlighted the bill's focus on ease of doing business, decriminalisation, and the introduction of a credible appellate mechanism. The new legislation streamlines the registration process, reflecting a step towards a modernised legal framework, the minister said.

• The Bharatiya Nyaya (Second) Sanhita, 2023, The Bharatiya Nagarik Suraksha (Second) Sanhita, 2023, and The Bharatiya Sakshya (Second) Bill, 2023
  

In a landmark development on December 21, the Rajya Sabha passed three revised criminal law bills—the Bharatiya Nyaya (Second) Sanhita, the Bharatiya Nagarik Suraksha (Second) Sanhita, and the Bharatiya Sakshya (Second) Bill. These bills, earlier cleared by the Lok Sabha on December 20, aim to replace the Indian Penal Code, the Code of Criminal Procedure, and the Indian Evidence Act, respectively. Union Home Minister Amit Shah defended the bills, emphasising their departure from colonial-era criminal laws, and their focus justice and reformation instead of punishment. Despite concerns about potential human rights violations, the bills, with some modifications, was passed by the Indian Parliament, with little to no dissent owing to the suspension of opposition MPs.