Highlights of Parliament Monsoon Session 2019

The monsoon session in Parliament, this year has introduced 38 bills, out of which 28 were passed.

The highlights of major legislative actions during the Monsoon session are; 

1.Bill to Bifurcate Jammu and Kashmir into Union Territories of Jammu and Kashmir and Ladakh

The Jammu and Kashmir (Reorganization) Bill, 2019 has been passed by the Lok Sabha on 6th August and by the Rajya Sabha on 5th August. This legislation would split the state of J& Jammu and Kashmir into Union Territories of Jammu and Kashmir and Ladakh. Both the UTs would be administered by the President through a Lieutenant-Governor appointed through him.
 

The bill also revokes 153 state laws and covers a schedule of 106 central laws which would be made applicable to the UTs. Also, 166 state laws would remain in force, and 7 laws shall be applicable with amendments. These amendments contain removing prohibitions on a lease of land to individuals who are not permanent inhabitants of Jammu and Kashmir. Furthermore, the High Court of Jammu and Kashmir would now become the common high court for both the UTs.

2. Jammu and Kashmir Reservation (Amendment) Bill, 2019
 

This bill amended the Jammu and Kashmir Reservation Act, 2004 and included individuals living in areas close to the actual Line of Control in accordance with the definition of socially and educationally backward classes. This amendment would bring individuals residing in the areas attached the International Border at par with individuals living in areas attached to the actual LoC in terms of appointment as well as promotions in state government posts, and admission to professional organizations.
 

3. The Supreme Court (Number of Judges) Amendment Bill, 2019
 

The Lok Sabha on 5th August passed the Supreme Court (Number of Judges), Amendment Bill, 2019 in order amend Section 2 of the Supreme Court (Number of Judges) Act, 1956, thus increasing the number of judges in the Supreme Court to 34  to 31, which includes the CJI.

4. Consumer Protection Bill, 2019

The new legislation on consumer protection would replace the Consumer Protection Act, 1986. This bill has been passed to strengthen consumer rights, bearing in mind the current day challenges like e-commerce, direct selling, telemarketing and so forth. It offers a range of remedies from class-action suits towards liability for celebrity endorsements. It also intends to set up a national level regulator, Central Consumer Protection Authority, in the direction of dealing with consumer grievances proactively.

5. Code on Wages for Workers
 

The Code on Wages, 2019 has been passed by the Parliament on 2nd August. It would replace the Payment of Wages Act, 1936, the Minimum Wages Act, 1948, the Payment of Bonus Act, 1965, as well as the Equal Remuneration Act, 1976. The Code seeks out to regulate salary as well as bonus payments in all services where any industry, trade, business, or manufacturing is performed.

The wage-related resolutions relating to railways, mines, and oil fields, etc. would be taken through the central government. The state government would be eligible to make resolutions for all other services.
 

6. Bill for Summary Eviction of Unauthorized Occupants From Public Premises
 

The Public Premises (Eviction of Unauthorized Occupants) Amendment Bill, 2019 has been cleared by the Parliament on 06th August 2019, specifying down the process for summary eviction of unauthorized occupants from government accommodation.
This bill has been presented to evict employees, MPs as well as other dignitaries of the government of India, who are not serving anymore or whose office on license had finished and were staying in government space without authorization. The legislation also gives powers upon the estate officers towards evicting such unauthorized occupants from "public premises" in a smooth, prompt and time-bound manner.

7. Amendments to POCSO for Stricter Punishments for Child Sex Abuse
 

The Protection of Children from Sexual Offences (Amendment) Bill, 2019 has been passed by the Parliament on 1st August to provide severe punishments for sexual abuse of children. It amended the Protection of Children from Sexual Offences Act, 2012.

The Amendment Act offers that if any penetrative sexual assault is committed through a police officer, armed forces member, a public servant or a relative of the child, the minimum penalty for the offense would be 20 years as opposed to the current 10 years. And the maximum penalty would be a death penalty. Relating to penetrative sexual assault committed by individuals other than those mentioned above, the minimum penalty has been increased from 7 years to 10 years.
 

8. UAPA Amendment Bill Which Gives Power to Centre to Designate an Individual as Terrorist

The Unlawful Activities (Prevention) Amendment Bill, 2019 amended the existing Unlawful Activities (Prevention) Act, 1967, in terms of inquiry and trial of offenses linking to terrorism. Under the provisions, the central government might label an organization as a terrorist organization if it: commits or contributes in acts of terrorism, prepares for terrorism, endorses terrorism, or is otherwise engaged in terrorism.

9. Bill to abolish Medical Council: National Medical Commission Bill

The National Medical Commission Bill, 2019 has been passed to repeal the Indian Medical Council Act, 1956 as well as substitute the Medical Council of India with the National Medical Commission

It offers process for grant of license to anyone who is "linked with modern scientific medical profession" towards practicing in primary and preventive healthcare establishments, to deal with the acute shortage of doctors in rural areas
 

10. Insolvency and Bankruptcy Code (Amendment) Bill, 2019
 

This bill was passed and amended the Insolvency and Bankruptcy Code, 2016. It has increased the time for finishing the insolvency resolution procedure from 270 days to 330 days.
The main purpose of this bill was to explain that secured financial creditors had enjoyed preference over operational creditors regarding the distribution of assets of the corporate debtor, in view of the recent decision of NCLAT in Essar Steel case which allowed operational creditors equal status as lenders in the distribution of the bid sum of the resolution plan.

11. Bill to Penalize Triple Talaq: Muslim Women (Protection of Rights on Marriage) Bill, 2019

This bill has been passed and made all declarations relating to instant triple talaq, which includes in written or electronic form, to be void and illegal.
The bill had made a declaration of talaq a cognizable offense, attracting up to 3 years' imprisonment with a fine.

However, the offense would be cognizable only if the information is given through the woman, against whom talaq was declared, herself or by any individual related to her by blood or marriage.
 

12. Bill to amend the RTI Act, 2005

The Right to Information (Amendment) Bill, 2019 has been passed by the Parliament to amend the term, salaries, as well as conditions of service of RTI Commissioners,  stated in the Right to Information Act, 2005, subjected to the executive rules towards being made by the government.
 

It intended to get rid of the irregularity created by means of the original statute by equating the statutory body of Information Commission through a constitutional entity like Election Commission

13. Bill to amend Companies Act, 2013
 

The Companies (Amendment) Bill, 2019 was passed to re-categorize some compoundable offenses as civil defaults as well as transfers some approval powers from NCLT to the central government.

It amended Section 135 of the Companies Act, 2013 and provides that if there remain unspent finances of CSR, the corporation should disclose the reasons for non-spending in their annual report. Furthermore, unless the unspent sun relates towards an ongoing project, it should be transferred to one of the funds under Schedule 7 of the Act (PM Relief Fund) within 6 months of the fiscal year.

14. Amendment to the Motor Vehicles Act, 1988
 

The Motor Vehicles (Amendment) Bill, 2019 was passed an amended to modify the policies stated in the Motor Vehicles Act, 1988 on the subject related to road transport and safety and licensing and registration procedure.
 

It has likewise changed compensation for road accident victims. The compensation paid to victims in hit and run cases was increased to Rs. 2 lakhs in case of death and Rs. 50,000 in case of bodily injury from Rs.25, 000 and Rs.12, 500. The Bill was presented Motor Vehicle Accident Fund which would be collected by a special cess.
 

15. Bill to Expand Powers of NIA

The Parliament has passed the National Investigation Agency (Amendment) Bill, 2019 which amended the provisions of the existing National Investigation Agency Act, 2008 in regard to jurisdiction and offenses that could be investigated through the NIA. The bill further prescribed constitution of Special Courts for a trial of scheduled wrongdoings.
 

16. Aadhaar Amendment Bill
 

The Aadhaar and Other Laws (Amendment) Bill, 2019 has revised the Aadhaar (Targeted Delivery of Financial and other Subsidies, benefits and services) Act, 2016, to present offline verification of Aadhaar. Through this legislation, an individual might use their individual Aadhaar number, voluntarily, to establish an identity for telecom as well as bank-related KYC purposes.
 

17. Bill allowing Trusts to Open Units in SEZs
 

The Special Economic Zones (Amendment) Bill, 2019 has been passed by the Parliament to amend the Special Economic Zones Act, 2005. It added that trust as well as any other entity which might be advised by the central government to the definition of a 'person'. This amendment would allow trusts to seek out the establishment of units in SEZs.
 

18. The Surrogacy (Regulation) Bill, 2019
 

This bill prohibited commercial surrogacy as well as regulated altruistic and proved infertility surrogacy. The bill has been passed and it prescribed eligibility conditions and process to conduct surrogacy.
It also constituted the National Surrogacy Board, State Surrogacy Boards towards granting certifications and oversees the rule of surrogacy in the nation.

19. Bill to Provide Institution-Wise Reservation for Teaching Posts
 

The Central Educational Institutions (Reservation in Teachers' Cadre) Bill, 2019 has been passed by the Parliament.  The bill provided reservation to candidates of the Scheduled Castes, Scheduled Tribes, socially as well as educationally backward classes and economically weaker sections of the society for teaching positions in central educational institutions. The bill also excluded institutions stated in the Schedule to the Bill.
 

The bill is planned to invalidate the effect of the Supreme Court's ruling holding that reservation in teaching posts must be applied subject-wise.

Conclusion

This was the first parliament session of the Modi led NDA government after the elections for the 17th Lok Sabha. The Session of the Parliament has been concluded after the adjournment of Lok Sabha on 6th August 2019 and Rajya Sabha on 7th August 2019. The session commenced on 17th June 2019, was planned to end on 26th July 2019 but it was extended to 7th August 2019 to complete legislative business.

Author:

eStartIndia Team